The first report, dated Oct. 23, found the couple's two-story home in Kiln, a rural community near the Mississippi-Louisiana line, was destroyed by hurricane-force wind — damage their policy covered. On Jan. 3, however, the firm issued a second report that blamed the damage on the storm's flood waters.
State Farm used the second report as the basis for denying the Mullins' claim. Insurance companies say their homeowners' policies do not cover damage from rising water, including wind-driven waters, but policyholders argue that storm surge should not be considered flooding.
"State Farm's actions show that it believes that it should be able to pick and choose which proof it relies upon in evaluating the validity of a claim," the Mullins' lawsuit states. "State Farm will only accept reports from engineering firms that support a denial of coverage."
Terri Mullins
said she
obtained a copy
of the first
engineering
report from her
local insurance
agent's office
in December. A
month later,
when employees
of a State Farm
office in Biloxi
showed her the
second report,
she brandished a
copy of the
first and
demanded an
explanation.
"They flat
out told me,
`You were not
supposed to get
that (first)
report,'" she
recalled in an
interview at the
family business
in Bay St.
Louis.
Mullins and
her husband are
seeking
unspecified
damages from
State Farm and
Forensic
Analysis &
Engineering, the
Raleigh,
N.C.-based firm
that prepared
both reports.
Such disputes
with insurance
companies over
the wind vs.
water debate
have been
commonplace for
many homeowners
in the path of
Katrina's
destruction,
particularly
those without
federal flood
insurance.
The Mullins'
case may be part
of Mississippi
Attorney General
Jim Hood's fraud
investigation. A
grand jury in
Mississippi has
subpoenaed
records from a
State Farm
office in Biloxi
and from
Forensic,
according to
both companies.
A spokeswoman
for Hood's
office said she
couldn't
comment.
Forensic CEO
Robert Kochan
said his firm
inspected
between 160 and
175
storm-damaged
homes for State
Farm. In five or
six of those
cases, including
the Mullins',
engineers
amended rough
drafts of
reports after
developing new
information
about Katrina
and how it
damaged homes,
he said.
"I will say
categorically
that State Farm
never asked us
to change our
reports," Kochan
said. "They did
ask us to relook
at and
reconsider
different
factors that
hadn't been
presented to us
initially."
State Farm
spokesman Phil
Supple said the
Jan. 3 report on
the Mullins'
home was the
only one
Forensic sent to
State Farm's
claims office.
"State Farm
contacted
Forensic once it
was determined
this claim could
more accurately
be evaluated if
we included an
engineering
review with our
own claims
analysis,"
Supple said.
"Forensic sent
State Farm its
first and only
report on Jan.
3, signed and
stamped with the
seal of a
registered
professional
engineer."
One of the
lawyers
representing the
Mullins is
Richard Scruggs,
a high-profile
attorney who's
suing State Farm
and four other
insurance
companies for
their handling
of Katrina
claims.
In an
interview with
The Associated
Press last week,
Scruggs said
he's gathering
evidence that
companies are
pressuring
engineers to
alter their
conclusions on
storm damage so
claims can be
denied.
Scruggs said
a whistleblower
— a "highly
placed insider"
at a major
insurance
company — has
given him copies
of "coerced and
altered
engineering
reports" that
companies tried
to keep "under
lock and key."