New Orleans residents who had insurance policies that excluded water damage lose in court

Saw this on the net today:

ASSOCIATED PRESS

NEW ORLEANS — Hurricane Katrina victims whose homes and businesses were destroyed when floodwaters breached levees in the 2005 storm cannot recover money from their insurance companies for the damages, a federal appeals court ruled today.

“This event was excluded from coverage under the plaintiffs’ insurance policies, and under Louisiana law, we are bound to enforce the unambiguous terms of their insurance contracts as written,” Judge Carolyn King wrote for a three-judge panel of the 5th U.S. Circuit Court of Appeals.

As a result, the panel found those who filed the suit “are not entitled to recover under their policies,” she said.

More than a dozen insurance companies, including Allstate and Travelers, were defendants.

The decision overturns a ruling by U.S. District Judge Stanwood Duval Jr., who in November sided with policyholders arguing that language excluding water damage from some of their insurance policies was ambiguous.

Duval said the policies did not distinguish between floods caused by an act of God — such as excessive rainfall — and floods caused by an act of man, which would include the levee breaches following Katrina’s landfall.

But the appeals panel concluded that “even if the plaintiffs can prove that the levees were negligently designed, constructed, or maintained and that the breaches were due to this negligence, the flood exclusions in the plaintiffs’ policies unambiguously preclude their recovery.”

Court rules against Katrina victims in flood insurance case

Who in their right mind would NOT buy insurance that covers flood damage if you live in a flood prone area like the bowl we call New Orleans?

No one would.

Then again, if you live in a flood prone area – you can’t get regular insurance coverage for water damage. You must buy flood insurance from the federal government.

My guess is average people don’t know that and I also guess that some of that info may have been withheld so the broker could make a sale on the policy. It wouldn’t be the first time.

Goodbye Sports Arena

The Toledo Blade had an article today giving an obituary for the Sports Arena.

Toledo is going to build a new 8,000 seat arena downtown and the owners of the Sports Arena sold it to the city and it is due to be torn down in the next few months.

Built is 1947, it was already old when I got to see my first concert ever in the mid 80’s. My friend talked me into going to the concert by Brian Adams since I had use of a car and he didn’t. The problem was my Mom refused to let me go. She didn’t want me driving the 40 miles to Toledo.

Like any teen, I didn’t take no for answer. I fed her a story that I couldn’t go anyway because I had to work that night. In reality I got the night off. My friend had real religious parents so he also got the night off work but told them he had to work late.

We stopped at the rest stop outside of Bowling Green to change to regular clothes and arrived at the arena shortly before the concert. The parking lot was full so we found a spot at a nearby school and practically ran to get to the place. We got inside as the opening act Survivor was on stage.

This was my first concert so I assumed we had seats on the floor. I found out that we were on the floor but there were no seats. We stood in the back for the entire show.

I had a good time, even after just being missed being hit but a pop thrown from someone who actually had a seat in the stands.

The one other time I remember going to the Sports Arena was for a circus when I was a boy. All I remember was the animal smell mixed in with the smell of straw. It was a fun time.

The Blade has an excellent series of articles from people who also attended events at the arena. Give it a read:

Only memories remain for once-bustling arena

Sicko makes the point

I heard today about the throwdown on CNN between Dr. Sanjay Gupta, CNN’s resident medical expert, and filmmaker Michael Moore over the “facts” in Moore’s documentary “Sicko”. The film is an indictment of the US health care system.

Filmmaker Michael Moore launched into an 11-minute rant on American TV on Monday, during which he blasted the media for misrepresenting his new healthcare documentary Sicko. The controversial director was appearing on CNN show The Situation Room when he blasted both the network and host Wolf Blitzer for having a “poor track record” as journalists. Moore had been invited onto the program to counter a report made by CNN’s chief medical correspondent, Dr. Sanjay Gupta, which pointed out alleged false information and statistics in Sicko, which takes aim at the U.S. health care system. Moore blasted, “That report was so biased, I can’t imagine which pharmaceutical company ad is coming up right after our break. All the statistics show that we have far worse healthcare than these other industrialized countries. We’re the only ones that don’t have it free and universal.” Moore also accused the network of covering up the truth about the American healthcare system and the country’s military involvement in Iraq. He said, “You’re the ones who are fudging the facts. You’ve fudged the facts to the American people now for I don’t know how long about this issue, about the war. And I’m just curious, when are you gonna just stand there and apologize to the American people for not bringing the truth to them that isn’t sponsored by some major corporation?”

Moore Blasts Blitzer & CNN Live

In another report Gupta conceded Moore’s point in the film:

In the end, however, Gupta acknowledged that overall the movie “strikes at the irrefutable fact — [the U.S. health system] is broken.” Gupta, who continues to practice medicine, was asked by Moore whether he himself didn’t find the current health-insurance system cumbersome. The surgeon replied, “It’s a shameful system, especially when I’m dealing with some of my patients.”

Michael Moore Spars With Sanjay Gupta on CNN

Now if CNN and other media would concede they have been parroting Bush’s talking points for years now….

I admit I haven’t seen the film yet. I really don’t have to because I have had my own run-ins with the health care system so I know it is broken.

Here is one example:

I caught a bug on a Saturday and it got worse to where I had a 102 degree fever. It scared me because the year before I got a bad infection that started the same way and I ended up in the hospital for 4 days getting massive I.V.s of antibiotics.

Being a Sunday I decided to save my HMO some cash and I went to an Urgent Care center instead of the Emergency room. Not only would it save money but it would save time. When I went to the ER when I had my bad infection I waited for 12 hours before I was seen by a doctor.

I went to the Urgent Care place and waited maybe 30 minutes. The doctor confirmed that all I had was a bad cold. *Whew*.

A month later I get a letter from my HMO denying coverage because I didn’t call them first. That cost me $156.

That same year I was getting some physical therapy as result of the previous infection and I didn’t learn until after my 2 weeks of therapy that the HMO wasn’t paying for it because the doctor didn’t go through the referral process – that’s where they clear a therapy with the HMO. That cost me $7000. Don’t even get me started as to why 10 one hour meetings with someone who only wrapped my legs in bandages cost $7000. That’s $700 an hour. I did file an appeal but the HMO only said “rules are rules.”

Then there is the fact that many plans won’t pay for weight loss programs or smoking deterrents. They will pay for the resulting medical conditions from being fat or a smoker but they refuse to cover treating the causes.

Here is a comentary on the film from James Clay Fuller of the Twin Cities Daily Planet:

[Philip M. Boffey of the New York Times] says it is “hard to know how true” are the stories Moore puts on film -– stories such as that of a young woman who was retroactively denied health care insurance because of a minor yeast infection that was cured years before she applied for and got the insurance that was taken away when she needed it.

Well, I’ll tell him. There is not the slightest reason to doubt any of the individual stories Moore has used in the film.

First, the director is too smart to use a phony story, and risk getting caught, when there are, as he says, countless such stories. When he put out a request on his Web site for personal stories of being screwed by health insurers, Moore was inundated. Within days, he had more than 20,000 such stories.

Second, I can recount four or five such tales from the years I was the primary caregiver for my aged mother, and another dozen from among my acquaintances. This moment, I am deeply concerned about a friend who is in despair because of the years-long battle he has had to wage with his health insurer in order to get care he must have to live, and the debt that has piled up as a result.

Anyone who hasn’t experienced such a situation, or doesn’t at least know someone who has had to fight for his or her life in such a way, must live in another country.

Sicko: Commenting on commentaries

I support moving to a single-payer health care system. It preserves choice and allows for people to get the treatment they need. As some one commented on the above story put it “Single payer reform is NOT socialized medicine. It’s socialized INSURANCE. Cuts out the middle man but the delivery system remains private and people can go to any doctor or hospital they want.”

For more info see:

Single Payer Universal Health Insurance

MichaelMoore.com: “Sicko”

New home for this blog

This is the first post on this blog since I moved it to a new server.

I want to say that my previous host – 1and1.com – was a good host. They were easy to use and provide a good package with unlimited e-mail boxes and several mysql databases. In the approximate 4 years I was with them, I had only one real technical issue and that happened early this year when one of my databases went down due to the server going down. It was fixed in few hours after my I put in a ticket.

The reason I’m leaving 1and1.com is because they had severe restrictions on running scripts and since I use Movable Type, my blog is mostly scripts. I understand that in a shared hosting environment that resources need to be shared but I was paying for the top shared package and it was getting to be useless.

And before various fanboys point out that I am using dead technology etc… I know that some others have passed MT by (like WordPress) but I spent literally hundreds of hours on this blog and I don’t feel like learning new software. However getting a glimpse of MT 4 currently in Beta may change my mind – it seems at the start too much like Myspace or Vox and I like old school blogging. If I wanted 1500 pictures of people I really don’t know to clog up my web page then I would be based on Myspace. Send your fan mail to my contact page.

Any way, my issue with 1and1 started slowly, I would get 500 error messages that I never had before and rebuilding my pages would get slower and slower before crapping out altogether. I tried all the tweaks and hacks I could to squeeze out the rebuilds. At the end I was working on slices of 5 pages at a time and it would take an hour and half to rebuild my pages if I made any changes to the structure. I think the problems got bad when 1and1 started offering a blog feature.

The other issue I had was that 1and1 has had issues with spammers. I found that out when my e-mail to a friend at AOL bounced because the 1and1 mail server was blacklisted. I had also heard some stories that 1and1 had an issue with hosting spam sites and not booting them out quickly enough.

My contract was coming up so I decided to find a host that was more Moveable Type friendly. Six Apart, the makers of MT, has a partner page that listed some hosts that 6A recommended. That’s how I found NEXCESS.NET

For about the same price I was paying for 1and1’s top shared host package, Nexcess had an entry level VPS package.

VPS stands for Virtual Private Server. It is a bridge between shared hosting (many accounts on one server) and dedicated hosting (you are the only one on the server). VPS has two or more accounts on a server with separate resources and the big feature is that I have root access to my server. I also have my own mail server and name servers.

This has allowed me to put each of my blogs in their own accounts, separate from each other.

It is so nice to be able to rebuild my blogs without any errors and it finishes in a reasonable time.

The downside is I know next to nothing about running a server.

Wish me luck.

For more info:

MaxVPS

MovableType Hosting Partners

2008 Election Burn Out Not My Fault

A friend of mine, on an e-mail list in which I participate, asked us what we thought of the recent GOP presidential candidate debates. I made a snide comment: “There was a debate last night?”

She said that one of those men could be the next the President so I should care.

I don’t and here’s why:

I am not a member of any party so anything having to do with choosing any party ticket is not relevant to me.

My concern is from Labor Day weekend 2008 to November 2008 when the two people we are forced to choose from will be on my ballot and their final messages will be out.

I’m guessing that Hillary and Rudy will be the two evils I will have to choose from when I really want to vote for Obama since I can’t vote for Pete Stark since he is not running.

But, Doug, how do you know it is going to be Senator Clinton and Rudy Giuliani in 2008?

I’ve seen it before. The Democrats seem to let conservative “hit” men and their media lackeys pick their candidate. Back in the 2004 elections, the populist candidate was Howard Dean. He had the buzz and the money. The GOP was scared so they and their media flunkies destroyed him. They got the candidate they wanted in John Kerry.

Basically they want someone to run against who they can smear effectively. They had pretty much nothing on Dean but tons on Kerry.

In recent weeks there have been 3 or 4 books released by conservatives about Senator Clinton. All of them rehash falsehoods from the time her husband was President. The GOP HATE Senator Clinton and they know if she is the Dem nominee they can solidify their base like they did against Kerry in 2004.

Take a look at this article:

Wash. Post review misrepresents, conflates allegations in Clinton books

Until 2008 I really don’t care as it is out of my hands – right now it is all about filling time on the 24 hour news channels, in between stories about missing white women and out of control young Hollywood starlets. It seems they can’t deal with real issues that are happening in the world today that effect real people.

Like the Democrats caving to a President with an approval rating of 28% on the issue of a timetable to withdraw from Iraq.

or this one:

John Boehner- Hypocrite