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A Tale of Three Engineering Reports

August 25, 2006 12:52 PM

Mississippi Gulf Coast resident Minh Nguyen was devastated to learn that State Farm would not pay her claim after her home was destroyed by Hurricane Katrina.  An engineering report commissioned by the company had found the damage was caused by water, which was not covered by her insurance policy.   

Nguyen was shocked when, along with her denial letter, State Farm mistakenly sent her three engineering reports in the mail.  The first two reports had concluded the damage to her home was caused by wind, which is covered in her policy; the third report was the only one that said water damage was to blame.  According to Nguyen, "They tried to cheat me.  They tried to cheat me right here."

An attorney hired by State Farm, Wayne Drinkwater, said the company looked into Nguyen's case and was prepared to offer her more money. "We were calling her and wanting to talk to her because we did think that more was indicated," he said. 

However, Drinkwater said State Farm discontinued its attempts after it discovered Nguyen had hired an attorney.  She is now suing State Farm, along with hundreds of other homeowners who allege that the company deliberately defrauded them in order to avoid paying claims. 

August 25, 2006 in Hurricane Katrina | Permalink | User Comments (34)

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I watched your report on World News tonight and feel a need to respond. I worked for seven months on Hurricane Katrina in the New Orleans area and had the opportunity to see first hand the amount and types of damage. I have been an independent adjuster for approximately 10 years, have a background in engineering and construction and feel the views presented tonight were unfairly biased against State Farm. It was my experience that State Farm was more than generous and paid many claims they did not actually need to pay. I also was involved in many of the reinspections and reviewed many of the engineering reports. Many of these reports were compiled by persons other than qualified structural engineers and stated "in my opinion" rather than quote the actual statistics and engineering data. In one report, the bricks had been "blown off the house" and yet the shingles on the roof were still intact - how would an engineer expain this? The engineers report stated the damage to the bricks were the result of wind damage, even though the attic was full of flood debris. I feel World News did a great injustice to State Farm by airing this report before doing any investigation into the facts. Not to knock these two young women, but are they qualified to read and understand engineering reports? After the facts are investigated, will World News then air the results of the completed investigation if the results are in favor of State Farm. Somehow, I don't think so ........ Also, to address the "shredding" truck - since the protection of everyones privacy has become such a huge issue, it is customary to destroy any unused documents that contain a persons name, address, phone number, policy number, etc. This bit was the icing on the cake, and I feel was included to mislead the viewing public. Why doesn't World News investigate, at least a little bit, some of the news it reports. How can we, the public, come to trust such reporting when some of us actually know more of the facts than are reported. I am very disappointed by World News and Charley Gibson.

Posted by: Bud Monk | Aug 25, 2006 8:38:50 PM

STATE FARM HAS A HISTORY OF CHEATING PEOPLE IN NEED OF INSURANCE. In the Northridge earthquake here several years ago, they did the same things...they used every tactic not avoid paying claims or to underpay claims. This is a chronic business posture for them. They are sued over and over and the courts determine they are guilty, but nothing is ever done, because they are big business and
get away with it. They have sleasy lawyers on retainer to work the lawsuits to make even the lawsuits too protracted and costly for people to endure. It's a racket with them.
I hope the bad press you are giving them changes things, but I doubt it will. It is their business strategy. Once, a document was obtained through a court proceeding stating that they
are to deny and reject all claims under $5,000 because it would not pay the claimant to get an attorney to press for it, and the combined costs of denying such claims would be an extraordinary windfall to the bottom line of State Farm. What can be said for a company that takes the money of people for insurance and then sticks it to them without mercy and without guilt when they need to make a claim?

Posted by: Beth | Aug 25, 2006 9:22:18 PM

STATE FARM HAS ALWAYS STOOD BEHHING THEIR POLICIES AND PAID MY CLAIM IN FULL. I AM SO GLAD I HAD STATE FARM COVERAGE AND A GREAT STATE FARM AGENT TO HELP ME REBUILD.

Posted by: Scott | Aug 25, 2006 9:46:01 PM

Please take note that the ABC report was about a situation in Mississippi, not New Orleans. The New Orleans' tragedy was the result of failed levees. The Mississippi coast damage was caused directly by the hurricane wind and, later, storm surge.

Posted by: Steve | Aug 25, 2006 10:57:52 PM

ditto's to Bud Monk! You are right on the $

Posted by: jim crawley | Aug 25, 2006 11:30:35 PM

I had problem with state farm had a mold problem.toxic mold in my ceiling and was left to fend for myself, they said they don't cover it.talk to an lawyer but he said it was hard to fight against big business, we have been paying insurance for 35 years but it doesn't seem like it covers anything. we are suppose to have full coverage, try to contact the insurance commissioner, for help ,he was no help. been fighting to get help for 4 years and can't seem to find anyone to help,

Posted by: Bob | Aug 26, 2006 1:54:26 AM

State Farm's unethical practices are not restricted to homeowners' claim. I have been fighting them for over 4 1/2 years without an attorney regarding an automobile claim. Like the 20/20 segment, they forged my signature on a release form in an attempt to obtain my tax records. I would have gladly signed the release. but I guess its easier to have their in house staff sign a form.

My auto accident left me in a position of being unable to drive. Without ellaborating too much, although State legislatures pass laws to protect the people, State Farm has created its own law. The only means we claimants have to enforce our rights is through legal channels. State Farm realizes this. They are the cash cow. It is my opinion that they will pay part of a claim and leave a portion of the claim unpaid so that its not economically feasible to challenge.

In my particular case, I would need to pay 40k+ in legal fees to enforce my right to an expense that will amount to approximately 5k per year.

Yes, I paid my premiums and I'm entited to it. No, its not worth challenging in the Courts.

State Farm knows the system better than anyone. Shame on you for patting yourself on your back with your commercials. Shame on State Farm for denying legitimate claims. They are NOT a good neigbor. If I would have known before my accident how theyweasel out of claims, I would have moved long ago.

Posted by: Arnie | Aug 26, 2006 8:43:42 AM

If my memory serves me right, a few months ago I read in a publication that ex Republican Senate majority leader Trent Lott was denied his claim by State Farm in his home state of Mississippi.

Could it be that Trent Lott now has an agenda towards State Farm for their business decision pertaining to his claim? Could he have orchestarted something like this for retribution against State Farm?

On the flipside, had State Farm honored Trent Lott's claim and denied all others would we be reading about State Farm not paying & cheating Insureds?

I wish him luck on his next auto claim if he switches to another insurer pending he currently has State Farm auto insurance.

Who will be next?

Posted by: Johnny Joe | Aug 26, 2006 8:59:15 AM

Call Farmers Insurance they get you back to where you belong!!!! State Farm has been in trouble in the past for unfair claim practice like all other ins co. Pay the people that have the coverage they will only make the rates higher to make up for the losses. Haven't the home owners suffered enough!!

Posted by: Cindy | Aug 26, 2006 10:00:04 AM

After several less than satifactory interactions with State Farm, your report was the incentive for us to move all our insurance from Sate Farm after 25 years.

Posted by: Jack Jacques | Aug 26, 2006 10:52:31 AM

WE Should follow the AMish peoples lead...they dont carry insurance of any kind...When their homes burn down, all their neighbors pitch in and help re build FOR FREE!
Same goes for their health...they help each other. And their old folks..they dont have Social Security, kids bring their aging parents in to live with them when they no longer can care for selves.
This would be a great way to stick it to the Insurance Mafia..put them out of business!!!!!!!

Posted by: nma | Aug 26, 2006 11:30:07 AM

I have been an employee of State Farm for over fifteen years. I have worked in Hurricanes' Andrew, Charlie, Jean, Francis, Ivan, Katrina and Rita. I worked the Northridge Quake, Mississipi floods, Tropical Storm allison, Oklahoma tornadoes. In many of these events I was in managemnet and I am a manager today.

I was also a manager in the Texas mold cisis of 2001-3 and I worked closely with the Rigsby sisters for over a year during that time.

During my employment, State Farm has never once ever asked to do anything illegal. To do the practices the sisters are saying Sate Farm committed would take so many people to conceal, that you could never conceal it. If an engineering firm wrote an opinion and State Farm altered it, do you not think that the engineer would speak up as a matter of his professional integrity? Furthermore, these types of disasters take literally thousands of independent adjusters and temporary clerical people like the Rigsby sisters. Why has no one else come forward?

Finally, ABC should be ashamed for the one sided piece presented last night. John Stoessel did ask Brian Ross at the end of the piece if any of these allegations could be the result of a political agenda by the Rigsby's famously crooked attorney. It was also mentioned that State Farm paid over a billion dollars in Mississippi and that a recent court ruling found that water was not covered under the standard home owners policy. What was Brian Ross's reply? "We are not looking into that angle of the story."

Great journalistic instincts Brian, lets not get the whole story, just the one from Trent Lotts' brother-in-law. You should be very proud.

Posted by: RF | Aug 26, 2006 11:45:16 AM

Your report was about Mississipi.
What about Louisiana and New Orleans? Wind can be very freaky
aand although water damage is evident...in Katrina, there had to be wind damage everywhere.

Corporate America get worse minute
by minute. A.Nedelec

Posted by: alice nedelec | Aug 26, 2006 11:47:49 AM

As a waterfront property owner it's hard to get the vast majority of the public behind our plight. What was affordable is now quickly slipping away. To wit: Sky rocketing property values and hence huge taxes, FEMA redrawing flood maps that have little to do with empirical data but rather a worst case of the worst case scenario, and lastly the insurance companies who drop policies in the middle of hurrincane season with impunity. Recent reports show the highest profit for the Insurance Industry in the last TWO years. Profits in the billions but in the state of Florida they will ask for and get 100 to 150% rate hikes. I'm all for free market but we need some oversight here and the insurance commision is not the place for it. The Insurance Pool in Florida (Citizens) is the insurer of last resort but the are required by law to charge the HIGHEST rates and thus benefit from letting SF and Allstate set the bar as high as possible. The insurance companies can be the bad guys but the state of Florida makes out in the end. Unless Florida gets cracking all these negative issues will roll into a perfect storm and run everyone except the New York lawyers and the Insurance agents out of the state. Speaking of which my agent lives on the opposite side of the bayou from me. I can see his house. His side of the bayou is covered ( by a major insurance company) and mine is not. I wonder what FEMA has to say about that?

Posted by: wayne | Aug 26, 2006 1:30:13 PM

My daughter also had threee engineers reports. The first two were in her favor so allstate finally found someone to decide in theirs. And it still goes on. The reason that the gulf has not progressed further is that people have lost their credit having to pay for property they can live in or repair. Their insurance didn't pay and there is no place to live and few places to work. Those that are repairing are doing it as they can afford on top of their other living expenses. This is an outrage that involves all the insurance companies offering coverage in the gulf. Thus the many lawsuits.

Posted by: Cris Finnell | Aug 26, 2006 4:49:42 PM

Publish the reports and then we can make a true judgment. Until then ABC just publish facts not one sided bias junk. I am from MS and all my dealing with insurance companies has been good. I hear reports insurance companies low balling estimates. Guess what contractors raise prices during this time and yes that causes the estimates to be low and they can file a supplement to claim the additional cost if it is a creditable contractor.

Posted by: qbpc | Aug 26, 2006 5:02:37 PM

Another wiggle in the State Farm mess is the way that they denied another whole class of claims. IF you did have wind damage and you participate in the State of MS sponsored wind pool then State Farm had an exclusionary clause that said that in the even of wind damage, they were no longer liable. So, if the wind ripped your roof off, or a tree fell on your house and the rain poured in and destroyed the interior, well, you are out of luck. I have the head of claims on tape from the McNeil Lehrer report stating boldly "If it came from the sky then homeowners covered it. Well I guess that is true as long as you don't make a claim. We made a claim and they said "Sorry, we don't do wind damage."
Thanks ABC for at least trying to raise the public awareness to the fact that 12 months later hundreds and hundreds of people are living in trailers and State Farm, our good neighbor, is counting its blessings for the claims it did not have to pay.
We made the six hour trip to the coast (hauling gas with us), only to turn around and return to our shelter six hours away because our adjustor assured us that State Farm had no responsibility except for our displacement costs.
Good for you ABC!
PBL

Posted by: pbl | Aug 26, 2006 8:23:34 PM

State Farm only has to blame themselves. Their management is made up mainly of butt kissers and they only do what makes them look good to upper management, everthing else gets swept under the rug. The top brass have no idea what is really going on in the field. Lower level management is inexperienced and most of them have never been on a roof before but they are extremely adept at putting on the CHAPSTICK. Smooch..Smooch. Regarding State Farm paying what they owe, inconsistent at best, they do usually overpay claims because they can then go to the states insurance commisioner at year end and say, look , we paid out all this money and we now need a rate increase or we will stop writing policies in your state. Guess what, we all pay higher premiums! Even if State farm gets hung on cheating on engineer reports, they will just charge more next year to make up any fines they may have to pay. It would be alot easier if they just paid what they owed and cleaned house of all the Butt Kissers who are going to end up bankrupting the company. The lower level management gets promoted to middle management and then on to upper management and finally you have a mess like what is going on after katrina, their own fault :(

Posted by: Bob May | Aug 26, 2006 10:13:36 PM

The insurance policies written by State Farm and other insurance companies are a mass of twisted, slick, and confusing text designed to keep lawyers profits up and paid claims down. Its not funny when I hear that if water comes from the ceiling after the wind tears the roof off that the claim is denied. I even heard one rumor that if the wind blew the door and windows open the damage claim was approved. This is the willy nilly, slick, scam artistry of State Farm, et al. If a home is insured for damages in a storm for both water and wind damage then it must be covered or else the insurance company should clearly say so on the first page in large type.

Posted by: Johnathan Huntington | Aug 27, 2006 1:20:15 AM

Perhaps more people would be sympathetic to State Farm's side of this issue if we hadn't seen or encountered so much of the same kind of treatments. An auto insurance company my ex and I had, padded our daughters auto accident information in order to get more money from us. We would not have known anything about it except she was told to get her own. When she found out how much the new insurance company was going to charge she asked for a copy of what they were basing the outragous rates on. The prospective new insurance provided a copy of the report from the previous company. Their report stated she had more accidents and speeding tickets than she really did. I told her to go to the Motor Vehicle office and get a report of her driving record. That proved there were fraudulent claims by the original insurance company. There is also another story that is perhaps more frightening than just insurance for things. It makes me wonder if other companies are engaging in fraudulent practices in an attempt to keep/make more money. How about the person whose blood test showed normal thyroid tests. But, less than 4 months after the tests, an operation was performed and the entire thyroid was found to be so badly damaged it had to be removed!!! Did the lab really run the test or were they just penning in results to save money? How many companies are playing "pad the bottom line", and at what expense? Our homes, our wallets, our very health???

Posted by: Ell | Aug 27, 2006 10:31:00 AM

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