What Part of a Contract Do People Not Understand?

[legion]

Originally posted by RallyJon
legion, if the plaintiffs can make a case that the wording was deceptive or confusing, the insurance companies should be worried.

Have you ever read a legal document?

[RallyJon]

I have, yes. Have most of the people on specially selected "plaintiff's juries"? My point isn't what's right or wrong--I'm just handicapping.

[legion]

And my predictions stand.

I'm going to try to stay off of this thread for awhile.

This kind of lawsuit abuse gets me steamed like nothing else. It's my opinion that this is the single most important domestic issue currently facing our country, and the one that gets the little attention and is the least understood.

Bad lawsuits (as I tried to make a point before) are affecting all of our lives in very negative ways. They make our jobs unneccesarily harder, and make everything more expensive. They help a few people get rich, and a lot of lawyers get very rich.

The thing that really gets me is that we have essentially given a select group of people, lawyers, the right to levy taxes on the people of this country without passing laws, without any representation. We really should start calling them dukes or counts.

And saddest of all, because of these people's political connections and the fact that they claim they are fighting for "consumer rights" (or some other nonsense like that), the chances of the situation being corrected are very slim.

In summary, I don't hate very many things, but I hate people that squeeze the rest of us for money while claiming all the while they are helping us.

What's the difference between a prostitute and a trial lawyer? A prostitute earns an honest living.

What do you call it when a trial lawyer commits suicide? A good start.

How can you tell that you are getting screwed by a trial lawyer? He is talking to you.

How many trial lawyers does it take to change a light bulb? None. The glass can break and become sharp. Someone might accidentally put their finger into a live electrical socket. No one is willing to change them in this country any more.

How can you spot a trial lawyer in a crowd? He's the guy stealing your wallet, thanking you for your business, and telling you that you are the victim of a defective wallet.

Three trial lawyers walk into a bar...and per the terms of the settlement I can't discuss the rest.

[Superman]

Originally posted by legion
So Supe, what you are essentially saying is that insurance should cover everything, because you think it should? Actual policy language be damned!

I hope the next time you are hired to do something, someone creatively reinterprets your contract to include much, much more.

Nope. Insurance almost never covers everything, and what I think has no bearing on what it covers. thanks for asking.

I do however think that insurance should cover what the policy says it covers. Kinda like the title to this thread. What part of a contract do you not understand?

I have not read the policy, so I don't know whether it specifically says "hurricane" or whether it says "wind." What I do know is that the property suffered damage caused by a hurricane.

Just about any lawsuit or contract dispute is going to come down to semantics. What did the polich mean by this term or that term. And as someone said above (and is a widely applied principle of contract law), the writer of the contract (in this case the insurance company) had primary responsibility to write the policy in a way that effectively clarifies what is covered and what is not. Apparently, they did not do that in this case. If that clarifying passage were in the policy, filing suit would indeed be frivolous.

[pbs911]

Originally posted by Nathans_Dad
Wow, that was really witty. I would hate to be cross examined by the likes of you!!

Your position is very interesting considering that you make a living dealing with technicalities and details. Wonder how things would go with the judge if you filed a lawsoot??

Wow, your the first on my ignore list. Moron.

[Jims5543]

If you have a mortgage and you live in a flood prone area you are required to carry flood insurance.

You can go here and type in your address, click on view map and see if your in a flood zone.

http://msc.fema.gov/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&catalogId=10001&langId=-1


Also, there are companies that are hired by the banks to determine if a house needs flood insurance.

Companies like this one are used to determine if the insurance if you have a loan they will force you to get insurance.

http://www.credittechnologies.com/flood_certifications.asp

How all these people in NE are without insurance is beyond me. I can see rentors loosing their posessions but I cannot see how a homeowner could not have insurance.

I checked the maps for NE proper and it is all in a Flood zone and requires insurance.

[Superman]

Whoa. I just had an epiphany. We're discussing the difficult question of who has the burden for policy clarity, what does wind damage entail and not entail and other interesting questions......and a number of other folks are having a completely different conversation.

It's about hate. Hate seems to be overflowing. Hatred of one another. Hatred of any and all branches of gubmint, including and especially the courts.

[gaijindabe]

Originally posted by Superman


I have not read the policy, so I don't know whether it specifically says "hurricane" or whether it says "wind." What I do know is that the property suffered damage caused by a hurricane.

So Supe- those that paid hard earned money for "flood coverge" are just chumps?

Do they get a rebate in this Wonderland you live in?

[Jims5543]

BTW- I do not carry Flood insurance. I am not in a Flood zone nor am I in any danger of flooding, ever. It would take a 40' storm surge..... hmmm.. I think I might insure for flood. Honestly after the last 2 years if I have not flooded I will not. We sit pretty high where I live. My house is 35 feet above sea level.

I am however insured against named storms.

[Superman]

Originally posted by gaijindabe
So Supe- those that paid hard earned money for "flood coverge" are just chumps?

Do they get a rebate in this Wonderland you live in?

Probably not. The only real winner, the only folks who are going to get a longstanding benefit from this law suit.....is the insurance industry. It may be an expensive lesson, but those are the most memorable kind.

[Nathans_Dad]

Supe I don't hate the courts. I do have a serious allergic reaction to the lawyers who make their living by being leeches on the collective arse of society...

[Superman]

Understood. Know any good attorney jokes? Yeah, I thought so.

[Nathans_Dad]

Actually I do know a few...here's one:

A man went to a brain store to get some brain to complete a study. He sees a sign remarking on the quality of professional brain offerred at this particular brain store. He begins to question the butcher about the cost of these brains.

"How much does it cost for engineer brain?"

"Three dollars an ounce."

"How much does it cost for programmer brain?"

"Four dollars an ounce."

"How much for lawyer brain?"

"$1,000 an ounce."

"Why is lawyer brain so much more?"

"Do you know how many lawyers we had to kill to get one ounce of brain?"


And what is up with the "Yeah I thought so"?? Is that like in the schoolyard where you ask someone if they have anything else to say and then you say "Yeah I thought so" before they answer??

[competentone]

Improvements in Hell

An engineer died and ended up in Hell. Soon, he became dissatisfied with the level of comfort in Hell and began designing and building improvements. After a while, they had flush toilets, air conditioning, and escalators. The engineer was a pretty popular guy.

One day God called to Satan and said with a sneer: "So, how's it going down there in Hell?"

Satan replied: "Hey, things are great. We've got air conditioning and flush toilets and escalators, and there's no telling what this engineer is going to come up with next."

God exclaimed: "What? You've got an engineer? That's a mistake -- he should never have gotten down there in the first place. Send him back up here."

"No way," replied Satan. "I like having an engineer on the staff, and I'm keeping him."

God threatened: "Send him back up here now or I'll sue!"

Satan laughed and answered: "Yeah, right. And just where are YOU going to get a lawyer?"

[Superman]

Naw, Rick. I knew you'd have an attorney joke. Everyone does.

[Nathans_Dad]

Here's a few funny excerpts from actual trial records:

Attorney: What is the meaning of sperm being present?
Witness: It indicates intercourse.
Attorney: Male sperm?
Witness: That is the only kind I know.

--

Attorney: She had three children, right?
Witness: Yes.
Attorney: How many were boys?
Witness: None.
Attorney: Were there girls?

--

Attorney: Please state the nature of your relationship to the minor child?
Witness: I'm his mother.
Attorney: And you have been so all of his life?

--

Attorney: Mrs. Jones, do you believe you are emotionally stable?
Witness: I used to be.
Attorney: How many times have you committed suicide?

--

Attorney: Was it you or your brother that was killed in the war?

--

Attorney: What happened then?
Witness: He told me, he says, "I have to kill you because you can identify me."
Attorney: Did he kill you?

--

Attorney: Doctor, how many autopsies have you performed on dead people?
Witness: All my autopsies are performed on dead people.

--

Attorney: When was the last time you saw the deceased?
Witness: At his funeral.
Attorney: Did he make any comments to you at that time?

--

Attorney: Your Honor, he is . . . on the witness list, he has been called. We know where he is. I'm intending to call him. I don't know why I'm being circumcised.
Judge: Because you are Jewish, but beyond that—circumscribed, Counselor.
Attorney: That too.

[Instrument 41]

One of the issues that really miff's me is that those of us that are responsible and have flood and normal coverage, and have paid premiums for years are getting shafted by insurance. And the welfare dependents, that have NEVER worked, for 3 to 4 generations, will end up getting more than me for aid.
My boss, who use to live in Diamond Head lost everything, along with a second business he co-owned. The issue is that the wind came first and then the tidal surge finished off what the wind didn't get. And by the way the guy in Florida that mentioned he had no flood insurance for he didn't believe it would never reach him, the coast got a 35 to 40 foot surge, it can and will happen.
Wanted to be compensated for my lost is not immoral or being greedy, those premiums were paid for years, wind came first then water, insurance should do what it's supposed to do. I can appreciate the debate here, but in the real world we are years from ever returning to where we were, if that ever occurs.