Heads up – post to follow (A Nowdy-Bellesouth Tag Team Post) Updated

Links below take you to the latest on the Rigsby Qui Tam – Todd Graves’ Motion for Admission Pro Hac Vice; State Farm’s Response, and the Realtors’ Reply.

Discussion to follow.

Motion for Admission Pro Hac Vice

State Farm’s Response in Opposition

Relators’ Reply

Sop here – Belle does such a great job analyzing the issues I’m moving her comment to the post body. NMC at Folo must really want us to see his latest Qui Tam hatchet job as they sent two pingbacks on their post Todd Graves snaps to us over the weekend that ended up in our spam filter. I guess he and Rossmiller think they can click their heels together enough times and say Todd Graves is gone that their commentary will override the facts. Children at play, it is a wonderful sight. Now for Bellesouth’s excellent observations.

Doesn’t it seem as though Graves is forcing the hands of State Farm to put up or shut up? And would Graves do this if he didn’t have a better hand to play? State Farm is trying to strip the Rigsbys of their counsel in this qui tam suit where they allege that State Farm was defrauding the United States. But because Scruggs was using the Rigsbys in his claims for policyholders as fact witnesses and then paying them, his firm on behalf of the policyholders was disqualified because he was paying them. That was Scruggs v. State Farm. But the Missouri lawyers are representing the Rigsbys as counsel in their qui tam suit and: Continue reading “Heads up – post to follow (A Nowdy-Bellesouth Tag Team Post) Updated”

What a way to skin a cat (bond)

I was wandering around cyberspace when I found this interesting bit of information here; so, come wander with me and see where we end up.

The Dallas, San Antonio and Austin Courts of Appeals have adopted the “manifestation rule” in holding that property damage occurs at the time the damage manifests, which they further define as when the damage becomes apparent or identifiable.

In contrast, the Houston Courts of Appeals have rejected the manifestation rule in favor of the “exposure rule” for injuries “caused by continuous or repeated exposure to conditions during a policy period.”

These two opposing views are squarely presented to the Texas Supreme Court for determination in the Don’s Building Supply and Pine Oak Builders cases and their outcome will significantly impact coverage in property damage cases.

Well, that reminded me of a neighbor whose house took a four-tree whack from Katrina with seemingly little damage. Two years later, the back wall had to be taken off one of the bedrooms because one of those whacks did something that let water seep between the interior and exterior wall when it rained – a fact my neighbor stumbled into (literally) one day when she tripped, fell backward and a butt-shaped hole manifested in her very soft bedroom wall as a result.

Naturally, that reminded me of Katrina’s wind and water and the anti-concurrent cause clause. Continue reading “What a way to skin a cat (bond)”

Tis’ the season – the dog days of insurance

When Sop reported on State Farm’s Fido Defense to the Rigsby sisters’ Qui Tam claim, I thought surely it was way too early for dog days; but, when Rebecca Mowbray mentioned man’s best friend in the Times Picayune today, I had to stop and check – and these are definitely the dog days of insurance.

Popularly believed to be an evil time “when the seas boiled, wine turned sour, dogs grew mad, and all creatures became languid, causing to man burning fevers, hysterics, and phrensies

See if you don’t think so, too, after reading Mowbray’s story, Leaving Citizens may be costly; Policies may restrict some coverage. Continue reading “Tis’ the season – the dog days of insurance”