A mediation program developed by the Mississippi InsuranceDepartment to help settle damage claims to residential propertyfrom Hurricane Katrina is being called a "band-aid" by a famedplaintiff lawyer.

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Richard Scruggs has filed a class action lawsuit againstinsurance companies on behalf of families whose homes were damagedor destroyed by the deadly Gulf Coast hurricane.

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The lawsuit is currently tied up in litigation overjurisdiction, with efforts being made by the insurance industry tohave the suit tried in federal court--Mr. Scruggs wants the suittried in state courts, however.

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"This is non-binding, just another avenue to give insureds helpin settling their claims," Mississippi Insurance CommissionerGeorge Dale said in disclosing the new program.

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Mr. Scruggs said mediation only "sounds warm and fuzzy," becausethe results reached in mediation conferences are not binding oninsurance companies, and the mediators will be paid by theinsurers.

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"Would you go to trial with a judge who is being paid by thedefendants?" he asked in a telephone interview.

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Moreover, Mr. Scruggs said that to his knowledge only threejudges have been named as potential mediators. He added that 50,000claims by homeowners have been denied by insurers.

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"Three mediators are like a drop of water in the Gulf of Mexico,given all those claims," Mr. Scruggs said.

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The mediation process will be done at the expense of insurers,who are responsible for paying the mediator and the mediationadministrators at no costs to the insured, Mr. Dale said.

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Anyone who has a claim related to Hurricane Katrina will be senta notice by their carrier on Jan. 6 to notify them that they areeligible for the mediation program, Mr. Dale explained.

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Those who have already cashed a check labeled as a final paymentare not eligible, but any claims still under dispute are, hesaid.

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The program is not open to commercial property or vehicleinsurance claims.

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"This is a delay tactic to stall the inevitable lawsuit," Mr.Scruggs said, adding that the tactics are George Dale's attempt tomake hurricane victims feel he is doing something to help them.

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