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A flood of definitions.

I read and enjoy every issue of Claims Magazine. Presently, I am an independent agent, but I've worked many previous years in claims.

In the Sept. 2007 issue, an article on page eight [Speaking Of: New Orleans Flood Litigation] made a reference to Judge Duval grasping at straws as to the meaning of the word "flood." Misuse of words by those in the insurance business will continue to cause a judge and insureds to grasp at straws.

Look at the story on page 66 [Restoration Showcase: Taking It Inside]. It refers to a flood on the second floor of a restaurant. It is obvious that the problem started [above the ground floor] and is therefore a water claim covered by the policy and not a flood. A Rainbow International advertisement on page 63 shows a picture of an overflowing plumbing unit. But the caption makes a reference to flood.

State Farm appears to have addressed the subject with clear language; so did The Hartford. Ambiguous was the decision of Judge Duval as to the ISO form, not grasping at straws. It is the policy forms that need to be addressed, not the decision of Judge Duval.

Many water claims are covered by policies. It is time to separate those from the word "flood."

David Hendricks

Tucson, Ariz.

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Title Annotation:Letters
Author:Hendricks, David
Article Type:Letter to the editor
Date:Nov 1, 2007
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