There seems to be a tidal wave of legal questions swirling in the murky waters of Iowa lately. The more rain we get the wetter are basements and legal briefs. The wetter that basements get, the more that claims will be made to insurance companies. The more claim files grow, the more important it is for the insurance industry to protect the float through delay and subrogation. 

In every insurance cubical you can read two wall hangings that remind the troops of their mission:

Delay and subrogate!

From the bursting dam at Lake Delhi, to a failed levy to our west and flood waters rushing over the banks of too many of Iowa's rivers, the Courts can expect and onslaught of water-related property damage cases. 

When it comes to Lake Delhi the homeowners talking to claim adjusters those homeowners might as well be living in New Delhi, India. After talking to your insurance agent and adjuster you'll think the people on the other end of the phone call were in one of Dell Computer's customer "dis"-service call center in Mumbai, India. You'll be sctaching your head and thinking the Tower of Babel might be easier to figure out.

ASDSO – Association of State Dam Safety Officials

The homeowners are being told damage by flood isn’t covered under normal homeowner policies; but is the Lake Delhi Dam burst water damage really from a flood? You may think that is an odd question, but with the doors to the dam being damaged and I believe two not opened is the cause of damage a flood or a failed maintenance progrom? If from a "flood" homeowners have little choice but to sue the homeowner association (HOA) in charge of repairing and maintaining the dam.

QUESTIONS ABOUND AROUND THE CAUSE OF THE DAM FAILURE

Will those sitting on the board be sued? This question begs a question to a larger audience: Should Iowan’s sitting on HOA boards carry large liability policies for errors and omissions? If you’re in a HOA and sit on the board you should seek legal advice and a review of the insurance coverage the HOA has purchased. Most people on condominium, townhouse and other HOA boards are ignorant of the liability they assume when sitting on the board. For many people the power trip is great, but when big problems creep in you can be placed in a position of being sued for not protecting those you are responsible to protect. With tort reform and crafty language in many insurance policies what the insurance industry did was take that finger and cause it to be pointed right back to the board. Reformation of tort law was always about transfering financial responsibility from their books to your checkbook.

Miss me yet? Not really GW. Don't think I ever will.

Dumbing down the Republican Party

Remember that waste ponds are dams – Just ask Iowa Beef Processors

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 Facts about Iowa dams: Did you know in Iowa the state regulates 3,325 dams? Did you know that 83 dams are designated as high hazard potentials, 193 for significant hazard potential and 3,049 for low hazard potentials? In 2008 the total budget for this office was a mere $20,000.

To read the National Dam Safety Program report for Iowa follow this link on the Lombardi Law Firm website.

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 For a list of articles about Iowa’s dam problems follow this link to the ASDSA site.

Dam Safety 101

Dam Safety in the United States of America

Dam Safety in Iowa

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For additional reading consider:

Why was Pella’s public swimming pool facility allowed to stay open after dark when it was in violation of Iowa’s laws involving lighting for night swim operation?

The recent drowning of two boys at the City of Pella public swimming pool should make you wonder if government should be providing these types of non-essential public services and if private enterprise is better suited to spread the risks associated with running it improperly. We provide a summary link to legal rules or the laws allowing the avoidance of responsibility for running a dysfunctional swimming pool program.

Are Iowa’s bridges a time bomb waiting to explode or collapse?

Do you ever wonder about the safety of driving over a bridge in Iowa? If you knew the state of disrepair of our infrastructure it might scare you to do something when state officials waste state resources rather than commit those resources to repairs, replacement and maintenance.