Tag Archives: Slabbed

A Tribute to Hurricane Katrina Judge Senter

Slabbed brought to my attention that U.S. District Judge Senter was retiring in Federal Judge L.T. Senter is Retiring. Ex Rel Rigsby to be Transfered to Another Judge. An unsung hero in the Katrina litigation, Sun-Herald investigative reporter Anita Lee, broke the story of Judge Senter’s retirement in U.S. District Judge Retiring and provided a brief biography of his … Continue Reading

Financial Pressures on Insurance Vendors and Experts

Outcome oriented investigations plague the insurance adjustment process. Outcome oriented techniques arise in number of forms, from limiting the information sought, writing reports with no more than what is called upon, not informing the policyholder of other areas of possible damage, de-selecting those that write reports which provide too much information and lead to greater coverage, … Continue Reading

Double Recovery and Actual Cash Value Analyzed in Katrina Wind Flood Scenario

Policyholders with flood and all risk policies usually do not have as many problems collecting benefits following a hurricane where wind and flood damaged a structure. Those with only one policy are not so fortunate. When the combination of payments from both policies is less than the cost to repair or when delays in payments … Continue Reading

Flood Adjustment Methods Discovered in Qui Tam Case

Slabbed has been dogged regarding its reporting on the Mississippi qui tam litigation involving State Farm. A recent post, Rigsbys file “Motion to Reconsider Scope of Proceedings in Light of Evidence Adduced in Discovery” – ask Court for additional time to conduct Discovery into “the Scheme,” provides some insight regarding the flood adjustment techniques required … Continue Reading

Policyholder Representatives Who Refuse to Consider Insurance Industry Positions are Ignorant and Foolish

Virtue is to be admired and praised, even in one’s enemies –Niccoló Machiavelli, The Discourses Slabbed is a blog that grates on those in the insurance industry, its legal counsel and proponents. My impression is that because those from the insurance industry do not like the criticism, positions and strong rhetoric, they stop reading Slabbed and … Continue Reading

Will Flood Insurance Insurers Lose AntiConcurrent Cause Language?

Mississippi Representative Gene Taylor successfully placed language into House Bill H.R. 1264—“the Multiple Peril Insurance Act”— which would require “Write Your Own” insurers participating in the National Flood Program to remove anti-concurrent causation language from their all risk insurance policies. Taylor’s house was destroyed in Hurricane Katrina. Many of his neighbors’ insurance claims were denied … Continue Reading

Oilpocalypse Now!

The estimates of oil escaping were far too low. At first it was, "we dodged a bullet." Then, it was 1,000 barrels a day. Then, 5,000. And now, 25,000 barrels a day are flowing from the ocean floor. The Wall Street Journal has been excellent in its reporting:… Continue Reading

Life’s Lessons Impact My View on Insurance Law and Policyholder Advocacy: Correcting Friday’s Blog and Giving Credit

As you read this post, consider these life lessons: You can’t always get what you want But if you try sometimes, well, You just might find you get what you need and DON QUIXOTE Hand over that golden helmet! BARBER But this is a shaving basin! DON QUIXOTE Shaving basin! Know thou not what this … Continue Reading

Sinkhole Case Trial Won For USAA Policyholder

Kelly and Craig Kubiak successfully presented a case to a jury this week involving a dispute with a long time USAA policyholder following a denial of her property insurance claim. The $245,000 jury verdict came after lengthy and contentious litigation with USAA. The opposing counsel and his law firm are one of the most successful in … Continue Reading

Sheila Birnbaum: The Attorney Behind State Farm’s Katrina Scruggs Defense Explains How Major Corporations Can Use the Civil Justice System to Thwart Consumer Rights

I enjoy good lawyering. Corporate America has the best lawyers defending their actions and figuring out how they can be unaccountable for their bad acts. A formidable New York Ivy League trained lawyer, Sheila Birnbaum, is one of those lawyers. I give her, Corporate America, and especially State Farm, all the credit they deserve for … Continue Reading

Total Destruction Caused By Hurricane Wind and Flood May Be Covered Under the Additional Coverage of Collapse: Why Defining a “Hurricane” as a “Windstorm” is Significant

Insurance defense attorneys will not agree with this post. However, they fear the argument enough to falsely argue in some cases that a hurricane is not a “windstorm,” in order to avoid policy language that may provide coverage for total losses where wind and water combine to destroy a structure. As promised in yesterday morning’s … Continue Reading

State Farm Criticized by News Leaders Regarding New Rate Increases

State Farm is a tenacious opponent. "If you at first you don’t succeed, try, try again" is a motto which must be emblazoned in bold letters somewhere in its Bloomington, Illinois, headquarters. But, down in the Sunshine State, some are criticizing State Farm for its creative methods of raising rates.… Continue Reading

Should the Rust Family Stay in State Farm’s Power and Ownership Given the Recent Record of Policyholder and Corporate Citizen Ethics

State Farm lost its most significant claims case while Ed Rust Jr. was the "owner/manager" of State Farm. Ed Rust Jr. was the person who ultimately decided that thousands of State Farm policyholders would be underpaid or denied benefits in Mississippi. He is the chief corporate leader of State Farm Mutual, the corporation that allows … Continue Reading

The Obligation of Good Faith Claims Handling and Policyholders’ Perceptions of Why it Does Not Happen

“How did you come up with that amount for my (or my client’s) claim?” I was thinking of that question while taking the deposition of an Allstate corporate representative in an Indiana claims practice case, and how an insurance adjuster should honestly answer it. It is the same question millions of other policyholders, public adjusters, and … Continue Reading

Slabbed Keeps Pounding on Policy Coverage Problems and the Litigation Discovery Policy in Southern Mississippi

Coastal Mississippi policyholders are well served by the daily and in depth reporting by Slabbed. Writing daily for this blog is time consuming; posting two to five in-depth discussions each day must border on a full time job. Lately, Slabbed’s posts have highlighted two important issues regarding insurance coverage and insurance coverage litigation in Mississippi. One, … Continue Reading

State Farm “Qui Tam” Hearing Raises Issues of Wrongful Adjustment

An important evidentiary hearing concerning alleged wrongful claims practices is taking place in Mississippi. Since the allegations partially involve an insurance company obtaining altered or biased reports from experts, it should be studied by those with similar concerns in other areas of the country. The primary issue in this case is whether State Farm adjusted … Continue Reading

State Farm Whistle-Blower Suit Regarding Altered Expert Reports Continues

There are still a number of Hurricane Katrina cases we are actively litigating in Mississippi. One of the cases being followed closely by Slabbed is the Qui Tam litigation, brought by the two Rigsby sisters that worked for State Farm following catastrophes. The Rigsbys claim that the federal government paid more in National Flood payments than … Continue Reading

Slabbed Reports on a Blockbuster State Farm Bad Faith Case

This week I noted the recurrent problem of outcome oriented insurance company claims conduct in Adjusters Cannot in Good Faith Rely Upon Biased or Outcome Oriented Opinions. In Does It Stay or Does It Go? State Farm’s Assault on Florida, I then noted a finding regarding State Farm’s fitness to conduct insurance which stated: "State … Continue Reading