Hurricane Katrina devastated the Gulf Coast Region 7 months ago and some people with homes and businesses still are fighting their insurance company to get paid for their losses. Katrina was different, because most of its devastation was caused not by floods but by storm surge-which is generated by wind.

Katrina left behind a wrecked coastline, ruined cities, and economic losses that have been estimated at anywhere from $100 billion to $300 billion. Gulf Coast residents say they're up against a new hardship: Insurance companies that refuse to compensate them for their losses.

When misfortune strikes, you are confronted with numerous, often complex issues that require resolution - fast! Ensuring that appropriate recoveries are obtained under your insurance program is a critical component of your overall recovery effort, AND A PROBLEM YOU SHOULD NOT HAVE TO FACE ALONE.

Many of these legal actions will hinge on the “wind versus water” controversy, which boils down to a deceptively simple question: What part of the hurricane actually caused the damage? Was it the 150-mph winds, the wall of water formed by the storm surge, or flooding?

The question is crucial because most homeowners' insurance policies cover only wind damage, not flood damage. Most private insurers don't even offer flood insurance, which is sold almost exclusively through the Federal Emergency Management Agency (FEMA) at subsidized rates. FEMA's insurance program defines a flood as “a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties

In the wake of the catastrophic storm, homeowners and insurers are grappling over what caused the most damage-and who has to pay. Litigation may help untangle the knotty question of wind versus water.

WE KNOW STORM DAMAGE---CALL US, WE CAN HELP!!!!!!

New Orleans Office    Mark S. Senter    John H. Carney & Associates    1100 Poydras St., Suite 2900    PMB 149    New Orleans, LA 70163    Toll Free (866) 368-8346    Email: MSenter@johnhcarney.com

Dallas Office    John H. Carney & Associates    One Meadows Building    5005 Greenville Avenue, Suite 200    Dallas, Texas 75206    Telephone(214)   368-8300    Toll Free  (866) 368-8346    Fax  (214) 363-9979    JHCBlue@aol.com