5th hands Kodrin a polyester purse – stands up to water! (Kodrin v State Farm)

We’ll talk about the sow’s ear later, let’s take a look at this purse –the 5th Circuit’s decision on State Farm’s appeal of Kodrin.  If you like the way poly handles water, it should suit you better than silk.

We affirm the jury’s finding of coverage and its award of damages for the loss of the Kodrins’ home and its contents under the homeowner’s policy. We vacate that portion of the court’s judgment awarding penalties, damages, and attorneys’ fees under R.S. 22:1220 and 22:658 resulting from the jury’s finding of bad faith. We therefore remand this case to the district court with instructions to enter a revised judgment consistent with this opinion.

First, take a look at the construction – the issues State Farm appealed:

State Farm raises a number of issues on appeal, each of which falls into either of two general claims of error: (1) The district court improperly instructed the jury, and (2) the Kodrins failed to offer legally sufficient evidence for a jury to find that State Farm acted in bad faith.

Now, a little background before we go further.

When Judy and Michael Kodrin returned to their Port Sulphur, Louisiana, home following Hurricane Katrina in 2005, they found nothing but a concrete slab and debris… Continue reading “5th hands Kodrin a polyester purse – stands up to water! (Kodrin v State Farm)”

Nowdy, I think we need to make Jon Stewart an honorary slabber. (Updated)

Is Cramer a hookah? You betcha. Somebody had to take Dan Dorfman’s place.

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Continue reading “Nowdy, I think we need to make Jon Stewart an honorary slabber. (Updated)”

Windpool center ring, Seals on reinsurance, AIG on high wire, Send in the clowns – Allstate, State Farm, Nationwide, Farm Bureau, Travelers

c-09v2Turbulence in the Mississippi Windpool – a stumbled – upon stunner of a lawsuit now under the Big Top with a jury at the Southern District Federal Court, Hattiesburg – was the Saturday night special here on SLABBED – causing one reader to ask what most everyone had to be thinking: where has this information been hiding for 3+ years?

The greatest insurance show on earth Association Casualty Ins. Co., et. al. v. Allstate Ins. Co., et. al appears to have been right before our very eyes but  hiding behind a veil of silence.

The lawsuit was filed September 15, 2006.

Reinsurance Focus… September 19, 2007…a district court allowed a case against Directors of Mississippi Windstorm Underwriters Association (MWUA) to proceed on the theory that the directors breached a fiduciary duty to their members by failing to secure sufficient reinsurance to cover the 2004 and 2005 hurricane seasons. Continue reading “Windpool center ring, Seals on reinsurance, AIG on high wire, Send in the clowns – Allstate, State Farm, Nationwide, Farm Bureau, Travelers”