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About Gene
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Documents That Suggest Fraud by Insurance Companies in
the Handling of Katrina Wind and Water Claims
- NFIP
Regulations – 44 CFR 62.23 says that “the primary relationship
between the WYO Company and the Federal Government will be one of a
fiduciary nature, i.e. to assure that any taxpayer funds are accounted
for and appropriately expended,” and further that “the entire
responsibility for providing a proper adjustment for both combined wind
and water claims and flood-only claims is the responsibility of the WYO
Company.”
- Nationwide
Q & A – Wind versus Flood Q & A’s for Alabama
and Mississippi,
Sept. 4, 2005: Nationwide instructs its adjusters that “if loss is
caused by both flood and wind there is no coverage.”
- State
Farm Protocol – Wind/Water Claims Handling Protocol, Sept. 13, 2005:
State Farm instructed adjusters that “where wind acts concurrently with
flooding to cause damage to the insured property, coverage for the loss
exists only under flood coverage.”
- Dale
Letter and State Farm Reply – March 24, 2006 letter from Insurance Commissioner
George Dale to State Farm reinforcing that the insurer bears the burden
of proving that damage was caused by flooding in order to exclude
coverage. The response from State Farm says that “State Farm is paying
for wind damage that can be substantiated,” placing the burden of proof
on the insured to prove wind damage rather than on State Farm to prove
the exclusion.
- Rigsby
affidavit – Affidavit by Cori Rigsby & Kerri Rigsby in McFarland v. State Farm in which
the Rigsby sisters described the actions of State Farm officials to
manipulate Katrina claims in Mississippi.
- Forensic
Analysis & Engineering emails – Emails exchanged by engineers
revealing that State Farm fired their firm because two assessments ruled
that damage was caused by wind. The emails reveal that State Farm
demanded that reports name only the “predominant” cause of damage rather
than estimate what damage was caused by wind and what damage was caused
by flooding, and that State Farm instructed the firm to identify all
water damage as flood damage. FAEC agreed to reassess the reports in
order to keep the State Farm business.
- McIntosh
A: Oct. 12, 2005 report of on-site damage assessment conducted by
engineer Brian Ford of FAEC for State Farm. Ford concluded that damage
to the McIntosh home was caused by wind, wind-driven debris, and
“failure of the windows, walls, and doors due to wind.” Cori and Kerri
Rigsby photocopied this report with a note attached that read, “Put in
Wind file – DO NOT Pay Bill. DO NOT discuss.”
- McIntosh
B: Second on-site damage assessment of the McIntosh claim, conducted
by John B. Kelly of FAEC on Oct. 18, the day after FAEC agreed to State
Farm’s demand for a new assessment. Kelly’s assessment, which did not
mention the previous assessment by Ford, concluded that “damage to the
first floor walls and floors appears to be predominantly caused by
rising water from the storm surge and waves.”
- Mullins
A: On-site damage assessment conducted by FAEC for State Farm. The
engineer concluded that the “primary and predominant cause of damage to
the subject property was due to hurricane force winds.”
- Mullins
B: Second damage assessment of the Mullins claim after revision by
John B. Kelly of FAEC for State Farm. Kelly’s revised assessment, which
did not mention the previous conclusion of wind damage, blamed the
movement of the house on “buoyant force applied to the building by
rising water allowing the wind to blow the house northwards until it
reached an obstruction.”
- Nguyen
A: On-site damage assessment conducted by engineer John B. Kelly of FAEC
for State Farm. Kelly concluded that “the damage to the house was caused
predominantly by wind.” Kelly
also reported evidence of tornado activity.
- Nguyen
B: Letter from John B. Kelly to State Farm, to “address the concerns
raised by the client State Farm Insurance Co. concerning the FAEC
conclusions” in the Nguyen claim.
Kelly is forced to defend his use of eyewitness accounts and his
own observations of possible tornado damage to trees and nearby
structures.
- Beckham
A: On-site damage assessment by engineer Paul Monie of Rimkus
Consulting Group for State Farm. Monie concluded that there was
“insufficient physical evidence to determine the proportion of wind
versus storm surge that destroyed the residence.”
- Beckham
B: Paul Monie’s damage assessment after revision without his
knowledge or consent. Monie’s conclusion of “insufficient physical
evidence” was changed to “storm surge from Hurricane Katrina destroyed
the residential building.” Monie’s name was signed to the revised report
without his knowledge.
- Gaspard
A: On-site damage assessment by engineer James Overstreet of Rimkus
Consulting Group for State Farm. Overstreet concluded that the home was
destroyed by the combination of wind and storm surge, and reported “a
large number of trees snapped in two by what appeared to have been
tornadoes.”
- Gaspard
B: James Overstreet’s damage assessment after revision without his
knowledge or consent by Rimkus staff who never visited the site.
Overstreet’s on-site conclusion of a combination of wind and surge
damage with the possibility of tornadoes was changed to “the residence
was destroyed as a result of the rising waters and wave action
associated with the storm surge.” James Overstreet’s name was signed to
the revised report without his knowledge.
- Kuntzman
A: On-site damage assessment by engineer Jerome Quintero of Rimkus
Consulting Group for Allstate. Quintero concluded that there was
“insufficient physical evidence to determine the proportion of wind
versus storm surge that destroyed the structure.”
- Kuntzman
B: Jerome Quintero’s damage assessment after revision by Rimkus
staff who never visited the site. Quintero’s conclusion of “insufficient
physical evidence” was changed to “storm surge and waves destroyed the
residence.” Quintero’s name was signed to the revised report without his
knowledge.
- Ray A:
On-site damage assessment by engineer James Overstreet of Rimkus
Consulting Group for CGI Insurance. Overstreet concluded that the home
was destroyed by the combination of “wind gusts, tornadoes, and
wind-driven storm surge.” Overstreet
also reported eyewitness accounts and “snapped and uprooted trees” to
support the possibility of a tornado.
- Ray B:
James Overstreet’s damage assessment after revision by Rimkus staff who
never visited the site. Overstreet’s conclusion of a combination of wind
and surge damage with the possibility of a tornado was changed to a
conclusion that “the storm surge associated with Hurricane Katrina
destroyed the portion of the residence above the concrete foundation
slab.” Overstreet’s name was signed to the revised report without his
knowledge.
- Smith A:
On-site damage assessment by engineer James Overstreet of Rimkus Consulting
Group for CGI Adjusters. Overstreet concluded that the home was
destroyed by the combination of “wind gusts, tornadoes, and wind-driven
storm surge.” Overstreet also
reported eyewitness accounts and “snapped and uprooted trees” to support
the possibility of a tornado.
- Smith B:
James Overstreet’s damage assessment after revision by Rimkus staff who
never visited the site. Overstreet’s conclusion of a combination of wind
and surge damage with the possibility of a tornado was changed to a
conclusion that “the storm surge associated with Hurricane Katrina
destroyed the portion of the residence above the concrete foundation
slab.” Overstreet’s name was signed to the revised report without his
knowledge.
- Rimkus
Engineering Manual excerpts – Excerpts from the Rimkus Consulting
Group Hurricane Damage Evaluation Manual including guidance for
determining wind vs. water, and policy for coordination between a field
engineer and a professional engineer providing the field engineer would
be involved in any modifications to his report.
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Bay St. Louis
2 Depot Way
Bay St. Louis, MS 39520
228 469-9235
228 469-9291 fax
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Gulfport
2424 14th Street
Gulfport, MS
39501
228 864-7670
228 864-3099 fax
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Ocean Springs
2900-B Government Street
Ocean
Springs,
MS 39564
228 872-7950
228 872-7949 fax
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Hattiesburg
701 Main Street, Suite 215
Hattiesburg, MS
39401
601 582-3246
601 582- 3452 fax
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Laurel
527 Central Avenue
Laurel, MS
39440
601 425-3905
601
425-3906 fax
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