Allstate files whiney-titty-baby motion to modify judgment

Hanky, please, Grilletta has Allstate crying for relief  from the Court’s ruling in a Motion to Modify Judgment in French-Sutter v Allstate Indemnity

After a two-day bench trial, the Court orally issued its Federal Rule of Civil Procedure 52(a) findings of fact and conclusions of law and entered its Judgment on February 13, 2009. Based upon its findings and conclusions, the Court awarded the Plaintiffs the following amounts:

$123,000 under Coverage A of the Plaintiffs’ Allstate homeowners’ policy; $10,000 for a retaining wall under Coverage B; and $87,000 in penalties under the 2003 version of La. R.S. §22:658…In so holding, the Court concluded that Plaintiffs established that unpaid damage to their house and a retaining wall had occurred, entitling them to additional money under the policy. The Court further found that Allstate failed to timely pay the undisputed amount due of $70,462 based on the initial adjuster’s estimate. The Court also concluded that it was required to award a penalty of 25% on the Plaintiffs’ entire property claim,which totaled $338,000, rather than on the undisputed amount of $70,462 found to have been untimely paid to the Plaintiffs…

The Louisiana courts have been good to Allstate; but, not every judge is going to make Allstate as happy as Judge-didn’t-have-a-clue who made the big bad Foti anti-trust suit go bye-bye.  However, not pleasing Allstate does not indicate a judge is incompetent and that’s clearly the implication of the convoluted and contradictory reference to Dickerson. Continue reading “Allstate files whiney-titty-baby motion to modify judgment”

Talking “flood” with Noah and the NFIP

Conversations about the “plain, ordinary and generally prevailing definition” of the word flood have been at the front line of the legal storm that followed Katrina.  That “generally prevailing definition” appears to include the widely accepted notion that flood water rises.  However, IMO that simply is not the case – and I”m somewhat of an expert.

My friends would attest to my expertise, particularly those close enough to know I’ve let my bathub overflow more than once.  In fact, if pressed, my nearest and dearest, might even talk about the small tsunami I created at a popular resort hotel by turning on the whirlpool jets in the tub just a wee bit early, shall we say.  Home or hotel, it matters not, as there is simply no other word to describe the results but “flood” – a word that most would also use to describe what happens if you put detergent in your dishwasher; and, yes, I’ve done that, too, but only once.

In spite of what appears to be considerable effort on my part, my “flooding” is not NFIP recognized.

According to the NFIP Summary of Coverage, a  flood is “A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is your property) from one of these sources: Continue reading “Talking “flood” with Noah and the NFIP”