Shows files motion for amended RICO complaint – Part 3 Complaint against E.A. Renfroe

This narrative account of E.A. Renfroe’s misconduct and basis of liability is taken directly from the RICO statement amended and submitted by Provost Umphrey – and represents only one side of the legal argument detailed in Part 1 of the series.

Renfroe participated in the day-to-day adjustment of claims and assisted and counseled with Lecky King and State Farm in furtherance of the scheme. Renfroe adjusted a number of the named Plaintiffs’ claims according to the purpose of the scheme and to effectuate a coverage denial based on the policy exclusion for water damage, as well as to create a biased record for later coerced settlements or litigation proceedings.

In adjusting claims pursuant to Lecky King and State Farm’s directives and the mutually agreed upon Enterprise plan, Renfroe ordered contrived engineering inspections and, as the “client” of Forensic and recipient/addressee of the reports, Renfroe knowingly utilized the false reports in divesting the Plaintiffs of coverage benefits through informal settlement negotiations, or as part of the Insurance Commissioner’s mediation program. Continue reading “Shows files motion for amended RICO complaint – Part 3 Complaint against E.A. Renfroe”

Not Another Daubert Hearing!? The Meaning of Moo is Moo?

We have a new team Moultrie defense motion to hold yet another Daubert hearing. Our long on the hoof readers will remember we we’ve been here before with the except for you gotta give me all the questions in advance polygraph Daubert hearing two months ago. Our more savvy readers have been chewing on the superseding indictment and not long ago we learned Sean Carothers is planning to sing for his powerful uncle Sam.

The purpose of the hearing? The governemnt has a big list of construction experts lined up to educate the jury on the meaning of cost plus. Team Moultrie wants to parse words instead.

“Services Compensation shall include compensation for all labor, salaries, indirect labor costs and social burdens,3 materials, equipment, temporary facilities, insurance, and general conditions costs directly incurred in or attributable to performance of the Services (but not including general overhead or profit).”

3 – None of these terms, “indirect labor costs and social burdens,” “salaries,” etc., are defined in the Agreement.

Though Moultrie lawyer Tom Freeland says he wants only Sean Carothers excluded as an expert witness he fires a shot across the bow of the other construction experts. Continue reading “Not Another Daubert Hearing!? The Meaning of Moo is Moo?”

Shows files motion for amended RICO complaint – Part 2: Claim of Glenda Shows

This narrative account of State Farm’s handling of Plaintiff Glenda Show’s claim is taken directly from the RICO statement submitted by Provost Umphrey and reported in Part 1 of this series of posts, this narrative tells the story well but represents only one side of the legal argument.

On August 29, 2005, Plaintiff Glenda Shows was a named insured under a State Farm FP-7955 policy, identified as number 24-00-3138-5, covering her residence at 4010 S. Shore Drive, Pascagoula, Mississippi.

Plaintiff’s FP-7955 policy provided coverage limits of (Coverage A) Dwelling $216,700; (Coverage A) Dwelling Extension $21,670; (Coverage B) Personal Property $162,525; and (Coverage C) Loss of Use, Actual Loss Sustained. Plaintiff’s FP-7955 policy provided additional coverage under endorsement OPT ID, with coverage limits of $43,340.00.

On August 29, 2005, Plaintiff’s residence was destroyed by Hurricane Katrina. Plaintiff presented a claim to State Farm under her policy number 24-00-3138-5. According to Forensic’s records, on September 29, 2005, State Farm assigned Plaintiff’s property inspection to Forensic. According to Forensic’s records, on October 7, 2005, Plaintiff’s property was inspected by Manon, an engineer then employed by Forensic. The inspection report dated October 19, 2005, concluded: “the primary and predominant cause of loss of the residence most likely was due to tornado wind action before the storm surge took place.”

Upon information and belief, this initial report prepared by Manon was delivered by U.S. mail to State Farm and Renfroe. Continue reading “Shows files motion for amended RICO complaint – Part 2: Claim of Glenda Shows”

Some Quick Notes

We welcome back Ana Maria to our blogroll along with another great site First-Draft. I have a to do list going with First Draft at the top of the list. Stay tuned.

There has been a good bit of case activity involving Katrina insurance litigation including Shows and McIntosh. What our readers don’t see is the prep work that goes into presenting the filings as coherently as possible. We have noted usually very reliable industry friendly venues have exercised their right to remain silent on this latest spate of case activity, which we’ll be bringing you all week here on slabbed.

For those who caught the references here on slabbed to Wegener in Louisiana, the jury awarded $80,000 to the plaintiffs. Beau, Claimsguy, Supsalemgr and CalStan is it possible locally based juries can be impartial in these wind water cases?

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Shows files motion for amended RICO complaint – Part 1 Overview

Anyone doubting that Provost Umphrey had the capacity to keep the Katrina RICO case on track won’t give it a second thought after reading the firm’s Motion to file the second amended complaint and exhibits such as as Exhibit 1, the complaint quoted in this post. With Judge Barbour’s July 2 ruling the case is moving forward.

The stay entered by this Court on April 18, 2008, is hereby vacated. Guy Gladstone Fisher shall contact the Chambers of United States Magistrate Judge Linda R. Anderson within seven days of the date on which this Order is entered and request that a new Case Management Conference be scheduled in this case. Counsel for Plaintiffs shall be prepared to discuss filing an Amended Complaint during the Case Management Conference.

On July 3, Magistrate Judge Linda R. Anderson set the Telephonic Scheduling Conference set for 7/22/2008 at 09:30 AM and a text only order admitting the motions to appear Pro Hac Vice of Thomas Walter Umphrey, Bryan O. Blevins, Gene M. “Zona” Jones, and John Andrew Cowan were granted.

The proposed Amended Complaint for Violation of Racketeer Influence Corrupt Organization Act (“RICO”) and Other Relief, attached hereto generally makes the types of changes Plaintiffs’ former counsel outlined in their Motion to Amend the Complaint [64] which the Court conditionally granted. In particular, it incorporates the new information and clarifications of the allegations and adds State Farm Bank, F.S.B., as an additional defendant. Continue reading “Shows files motion for amended RICO complaint – Part 1 Overview”