Month: September 2008

It's about time – Judge Fallon schedules hearings on Perdigao's motions: Part 1

The docket entries listed in comment from reader NAAS left me with a somewhat outdated post – and there’s been too much injustice heaped on James Perdiago to add insult to injury with a post that doesn’t do justice to the recent filings in his case.

Part I that you’re reading now was intended as an introduction – and now it’s become an introduction to a puzzle. If you look at the list of docket entries, you’ll see this among those dated 09/29/2008:

09/29/2008 147 MOTION in Limine TO EXCLUDE EVIDENCE, REFERENCES OR INFERENCES UNRELATED TO THE CHARGES OR A RELEVANT DEFENSE by USA as to James G Perdigao. (Attachments: # 1 Memorandum in Support)(Mann, James) (Entered: 09/29/2008)

Here at SLABBED we’ve certainly not taken Perdigao’s case as a wild and interesting ride, but possibly destined for the fiction section of the library – and why anyone would makes little sense to me, particularly Continue reading “It's about time – Judge Fallon schedules hearings on Perdigao's motions: Part 1”

It’s about time – Judge Fallon schedules hearings on Perdigao’s motions: Part 1

The docket entries listed in comment from reader NAAS left me with a somewhat outdated post – and there’s been too much injustice heaped on James Perdiago to add insult to injury with a post that doesn’t do justice to the recent filings in his case.

Part I that you’re reading now was intended as an introduction – and now it’s become an introduction to a puzzle. If you look at the list of docket entries, you’ll see this among those dated 09/29/2008:

09/29/2008 147 MOTION in Limine TO EXCLUDE EVIDENCE, REFERENCES OR INFERENCES UNRELATED TO THE CHARGES OR A RELEVANT DEFENSE by USA as to James G Perdigao. (Attachments: # 1 Memorandum in Support)(Mann, James) (Entered: 09/29/2008)

Here at SLABBED we’ve certainly not taken Perdigao’s case as a wild and interesting ride, but possibly destined for the fiction section of the library – and why anyone would makes little sense to me, particularly Continue reading “It’s about time – Judge Fallon schedules hearings on Perdigao’s motions: Part 1”

"What part of 'no' do you not understand" – Rigsby responds to Renfroe motion

Given the strength of their arguments thus far, there was little left for the Rigsbys Qui Tam attorneys to say but what part of of ‘no’ do you not understand in Response to the 11th dispositive motion.

While Renfroe’s motion is fashioned as a summary judgment motion, it asserts the same arguments made in State Farm’s Memorandum in Support of Its Motion to Dismiss for Lack of Jurisdiction that under the False Claims Act (“FCA”), this Court has no jurisdiction over this matter because (1) the allegations of fraud were publicly disclosed; (2) this action was based on public disclosures; and (3) the Relators are not original sources.

Relators already have responded in full to State Farm’s arguments. Accordingly, pursuant to the Court’s Scheduling Order, Relators incorporate by reference Relators’ Response to State Farm’s Motion in its entirety.

While Relators’ Response to State Farm’s Motion is sufficient by itself to defeat Renfroe’s Summary Judgment Motion, set forth below are several additional points that specifically address Renfroe’s arguments. (emphasis added)

One of the “additional points” the qui tam lawyers made was a knock-out! Continue reading “"What part of 'no' do you not understand" – Rigsby responds to Renfroe motion”

“What part of ‘no’ do you not understand” – Rigsby responds to Renfroe motion

Given the strength of their arguments thus far, there was little left for the Rigsbys Qui Tam attorneys to say but what part of of ‘no’ do you not understand in Response to the 11th dispositive motion.

While Renfroe’s motion is fashioned as a summary judgment motion, it asserts the same arguments made in State Farm’s Memorandum in Support of Its Motion to Dismiss for Lack of Jurisdiction that under the False Claims Act (“FCA”), this Court has no jurisdiction over this matter because (1) the allegations of fraud were publicly disclosed; (2) this action was based on public disclosures; and (3) the Relators are not original sources.

Relators already have responded in full to State Farm’s arguments. Accordingly, pursuant to the Court’s Scheduling Order, Relators incorporate by reference Relators’ Response to State Farm’s Motion in its entirety.

While Relators’ Response to State Farm’s Motion is sufficient by itself to defeat Renfroe’s Summary Judgment Motion, set forth below are several additional points that specifically address Renfroe’s arguments. (emphasis added)

One of the “additional points” the qui tam lawyers made was a knock-out! Continue reading ““What part of ‘no’ do you not understand” – Rigsby responds to Renfroe motion”

If my obit were written today…

As I drove to a place where I could get online to post, it struck me that if my obit were written today, it would have to acknowledge that I passed at the hands of Comcast.

For the second day out of the past three, I’ve been without access to the Internet – as I discovered earlier trying to upload a post earlier today.  If they knew their system was down when I called, they kept it a secret or, rather they kept it a secret until I found a techie who couldn’t get my computer to connect who got them to confess to trouble in their system not mine – many, many frustrating and lost hours later.

If I got what I needed loaded on my jump drive and if I can get jump drive uploaded here, I think you’ll have some interesting reading – that said, I’m about to give it a try.

NFIP Formally Extended Until March 6, 2009

Using industry trade groups as his primary sources, Arthur Postal reports passage of the extension for the National Underwriter. Our readers will remember current AIA Prez Marc Racicot as former Montana GOP Governor and George W Bushie 2004 campaign manager.

The Senate approved legislation Saturday that includes a provision extending the authorization for the current National Flood Insurance Program until March 6, 2009…….

The House passed the same bill Thursday.

Some insurance industry trade groups voiced grudging support for the extension, although they said they had hoped Congress would have completed work on legislation that would have extended the program as well as reformed it by this time. Continue reading “NFIP Formally Extended Until March 6, 2009”

A Look Behind the Politics of the NFIP Re-authorization: Big Problems that Need Big Solutions

Anita Lee wrote this story that was featured on the front page of the Sunday Sun Herald including quotes from our own Brian Martin on the internal politics in the conference committee:

The problem of separating wind and water damage after a hurricane will not go away, U.S. Rep. Gene Taylor knows.

In fact, he has been educating his Texas counterparts on what they can expect from the insurance industry after Hurricane Ike. Sympathetic adjusters will handle flood claims for residents who have federal flood coverage, cutting checks quickly with assurances that wind claims will be investigated.

In the end, the private carrier – who adjusts both claims through an agreement with the National Flood Insurance Program – will offer policyholders nothing, or pennies on the dollar, for wind damage to properties also hit by tidal surge. Continue reading “A Look Behind the Politics of the NFIP Re-authorization: Big Problems that Need Big Solutions”

For Those Interested in Mississippi's Largest Pubicly Traded Company Hancock Bank….

Thanks to Editilla at the Ladder here is a great trade journal article on Hancock Bank COO Shane Loper and how he lead the recovery of the bank’s IT system post Katrina.

“The company was totally destroyed when you talk about physical facilities and technology,” recalls Loper of Hancock Bank’s headquarters and its branches after the storm. While the bank’s 15-story building in Gulfport that housed its entire back-office support and operations systems survived, windows were blown out and a wall of the data center collapsed. According to Loper, the wind and water damage was devastating. Yet the bank knew it needed to be up and running to help residents begin to regain a sense of normalcy.

Loper and other bank staff were forced to evacuate to Tallahassee, Fla., before the storm hit, and Hancock was able to set up a temporary command center there to see the bank through the recovery. “We organized in one of our main branches in downtown Tallahassee,” Loper relates. “We ran the overall recovery from there.”

The bank’s data, meanwhile, was safely housed in Chicago at Hancock’s SunGard backup facility. “We were able to restart our core technology systems, ATM processing and card processing within 48 hours,” Loper reports. “Then we worked on bringing up the servers and branch connectivity.”

Overall, the bank spent $65 million to rebuild the tower in Gulfport that originally housed its data center and to rehabilitate some of the surrounding area. In addition, Continue reading “For Those Interested in Mississippi's Largest Pubicly Traded Company Hancock Bank….”

For Those Interested in Mississippi’s Largest Pubicly Traded Company Hancock Bank….

Thanks to Editilla at the Ladder here is a great trade journal article on Hancock Bank COO Shane Loper and how he lead the recovery of the bank’s IT system post Katrina.

“The company was totally destroyed when you talk about physical facilities and technology,” recalls Loper of Hancock Bank’s headquarters and its branches after the storm. While the bank’s 15-story building in Gulfport that housed its entire back-office support and operations systems survived, windows were blown out and a wall of the data center collapsed. According to Loper, the wind and water damage was devastating. Yet the bank knew it needed to be up and running to help residents begin to regain a sense of normalcy.

Loper and other bank staff were forced to evacuate to Tallahassee, Fla., before the storm hit, and Hancock was able to set up a temporary command center there to see the bank through the recovery. “We organized in one of our main branches in downtown Tallahassee,” Loper relates. “We ran the overall recovery from there.”

The bank’s data, meanwhile, was safely housed in Chicago at Hancock’s SunGard backup facility. “We were able to restart our core technology systems, ATM processing and card processing within 48 hours,” Loper reports. “Then we worked on bringing up the servers and branch connectivity.”

Overall, the bank spent $65 million to rebuild the tower in Gulfport that originally housed its data center and to rehabilitate some of the surrounding area. In addition, Continue reading “For Those Interested in Mississippi’s Largest Pubicly Traded Company Hancock Bank….”

Mississippi House Insurance Committee to Hold Hearing on the Coast

Of course the House Insurance Committee are the good guys in Mississippi. The problem with getting basic consumer protections lies int he Senate with Lt Gov. Phil Bryant and his hand picked insurance committee chair Buck Clark.

The meeting is tonight at the Colseum per the Sun Herald.

The state House Insurance Committee will hold a public meeting at 6 p.m. Tuesday at the Coast Coliseum to hear the concerns of South Mississippi residents as well as business and civic leaders about insurance issues.

Rep. Michael Janus, R-Biloxi, said the meeting would give legislators from upstate a chance to hear the concerns of Coast residents firsthand and also might help get legislation passed.

“I think the ultimate goal is to utilize input we get out of this to hopefully formulate some legislation in the upcoming session that will assist in making insurance attainable and affordable on the Gulf Coast,” Janus said.

Insurance Committee Chairman Rep. Walter Robinson, D-Bolton, and other members of the committee will attend.

Last year the House Insurance Committee passed a “policyholders’ bill of rights” that would have put the burden on insurers to prove a claim is not covered in a policy when there is a dispute, but it failed in the Senate. Other insurance-reform bills introduced in the Senate also died. Most post-Katrina insurance reforms have failed in the Legislature. Continue reading “Mississippi House Insurance Committee to Hold Hearing on the Coast”