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Home / Insurance / Citizens Pledge to Pay Bad Claims – Will Other Insurers Agree to Do the Same? | Property Insurance Protection Law Blog

Citizens Pledge to Pay Bad Claims – Will Other Insurers Agree to Do the Same? | Property Insurance Protection Law Blog



Struck claims are hurricane losses where the only thing left is the foundation slab. We started calling these claims “losses” after Hurricane Ivan in 2004. I devoted an entire blog post to the topic in 2008 in Shifted:

My colleagues and I coined a new term in 2004, after Hurricane Ivan. We were consulted by the prominent Pensacola firm of Levin, Papatonio, Thomas, Echner & Proctor. They brought a brilliant attorney, Bobby Loehr, out of semi-retirement to work with me on their insurance litigation. We referred to hurricane cases where nothing was left of our clients̵

7; homes or businesses as “slabs.” It was an important legal designation because of the anticompetitive causation issues and the then-applicable Florida Valued Policy Laws. Upon my arrival in Mississippi just after Katrina, it was obvious to me that the same litigation would follow; there were thousands of “slab” cases. Indeed, we noted these cases because they generally had the greatest damage and the most unresolved legal issues.

Jay Adams of Citizens Property Insurance says his company will pay for Hurricane Ian in the video above:

[F]or Citizens policyholders, if there is a slab left on Sanibel Island, we will pay for wind damage and cover that loss unless there is a determination that the surge caused the loss. The reason I say this is that I don’t think anyone has photographic evidence of the wave versus the wind – did the wind blow it down and carry it away? Fought the wave down it and the wind came behind it… 150 mph winds on the island, or more… we have made a decision in these scenarios if we can’t settle we will pay the claim. I don’t know of any other operator that does that.

I wonder if other insurance companies will agree to do the same.

Today’s thought

A new breeze blows, and a world refreshed by freedom seems reborn; for in the heart of man, if not in fact, the day of the dictator is over. The totalitarian era is passing, its old ideas blown away like leaves from an old, lifeless tree.
—George HW Bush


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