Judge Senter’s Order on the various motions in limine in Payment v State Farm reminded me of Santa passing out gifts – and he kindly listed the various motions much like we’ve done here on SLABBED; so, they’ll be easy to follow. Since I’m way short of time to do more than just get this up, I reversed the order of the Order and made it a post.
Ten of the twelve filed by State Farm are subject to this Order:
The Court will address the  Motion to Preclude Evidence or Testimony that Plaintiff’s Home was Completely Destroyed by Wind, and its companion–the  Motion for a Ruling that Plaintiff’s Acceptance of a Flood Insurance Payment Constitutes an Admission that at Least that Amount of Flood Damage Occurred and that the Flood Insurance Payment Must be Offset Against any Recovery Under Plaintiff’s Homeowners Insurance–by separate order.
The “separate order” wasn’t on the docket last night but as soon as it is and I’m where I can post, I’ll get it up. See if you can guess what about his Order will keep me smiling wherever I am!
State Farm’s  Motion to Exclude Evidence, Testimony, or Argument Relating to Mississippi Department of Insurance Bulletins and Related Correspondence is GRANTED, subject to the above comments;
State Farm’s  Motion to Preclude Plaintiff from Introducing Testimony that Waiver or Estoppel Create or Modify Coverage is GRANTED;
State Farm’s  Motion to Exclude any and all Testimony, Evidence, and Argument Regarding any Grand Jury or Government Investigation of the Insurance Industry’s Response to Hurricane Katrina is GRANTED;
State Farm’s  Motion to Exclude any and all Testimony, Evidence, and Argument Regarding Claims Handling for Properties Other than Plaintiff’s is DENIED, subject to the above comments;
State Farm’s  Motion to Exclude Testimony, Evidence, and Argument Relating to Interpretation of Insurance Policy Provisions or Principles of Mississippi Law and to Exclude the Wind/Water Claim Handling Protocol is GRANTED IN PART (as to interpretation of the policy and law) and DENIED IN PART (as to the wind/water protocol); Continue reading “some for you, some for you, some to share – Judge Senter plays Santa in limine”