Couple say they were forced to sell after reduced insurance payments
By Jean Mikle, Asbury Park Press, N.J. | |
McClatchy-Tribune Information Services |
"They make you feel insignificant,"
The Hennens had more than
The amount is far less than it would cost to demolish, rebuild and elevate the home to 8 feet as required to meet new federal flood standards,
So after fighting with insurance companies for more than a year, the Hennens decided to sell to pay off their mortgage. They had been using savings and flood insurance proceeds to pay both a mortgage and rent for more than a year.
The Hennens also decided to sue Axis, joining a growing group of
"I have been paying insurance for all these years, and if you don't protect me from a natural disaster why would I pay for insurance?" Hennen asked.
Unlike the Hennens, Berkeley resident
Flynn said that she believes it was wind, and not water, that lifted part of the home's roof and caused it to fail, allowing water to seep into the house. She and her husband paid
Unable to afford to demolish the house or to make all the repairs, they have lived in their unfinished home. The front windows are boarded and part of the wall board is still missing. The couple believes the house probably must be torn down. If not, it must also be elevated to 7 feet.
So far, they have no intention of leaving. They have nowhere to go.
"This is what we worked for our whole lives," said
Her husband, who is 67, went back to work at Point Bay Fuel in
The Flynns' homeowners insurance company,
The company, like Axis, which insured the Hennens' home, is a surplus line insurer. Surplus line companies are located outside
"We pride ourselves on protecting the confidentiality of our policy holders," Tirone said.
"They don't have to participate, but some have, voluntarily," Rogan said.
Flynn said
The Hennens' lawsuit, originally filed in
So far, more than 600 lawsuits have been filed in
It won't likely be a quick process. Nine years after Hurricane Katrina pummeled
In their lawsuit, the Hennens claim the company breached its contract with them by failing to pay for damage caused by a large oak tree, which fell onto the east side of the couple's home on the night of
The storm shifted the house slightly off its foundation, causing cracks in the interior and exterior walls. It was condemned by
The lawsuit claims wind -- which is covered under the Hennen's policy -- was the main reason for the catastrophic damage to the house, and seeks payment for all damages as well as interest and suit costs.
In its response, Axis denies the breach of contract charges and instead points to a portion of the Hennen's policy that indicates the company does not cover damage caused by water, "whether or not driven by wind." The Hennens' home was also flooded during the storm, as about six to eight inches of water from the
Since the storm, the family, which includes four children ages 4, 8, 11 and 12, has lived in two rentals in
She and her husband are searching for a new home
"It's another victimization of people who have lost everything," Hennen said. "I've lost my home, I've lost my savings, and they are still keeping me in limbo. It's incredible to me."
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