Same circus, new act – still playing in Federal Court

The jury for the  Windpool circus taking place in federal court in Hattiesburg,  Association Casualty Ins. Co., et. al. v. Allstate Ins. Co., et. al saw a new act today.  sf-windpool-3

The lawsuit against the Windpool Board was filed in September 2006 – and today State Farm suddenly remembered it wasn’t on the Windpool Board after all!  Imagine that!

John Corlew must be trying one hell of a case for State Farm to start calling, “George!” and filing a Motion for Judgment as a Matter of Law with supporting Memorandum.

As set forth more fully in the accompanying brief, the facts and inferences pointso strongly and overwhelmingly in favor of State Farm that no reasonable juror could conclude that State Farm was a member of the MWUA Board of Directors.

Because State Farm was not a member of the MWUA Board during the relevant time period, State Farm, as a matter of law, cannot be held directly liable for the Plaintiffs’ claims.

If counsel passed copies of the 2004-windpool-exam, there shouldn’t be any problem identifying the members of the Board for Mississippi’s Windpool.  The list is just a page or two after the front cover.pages-from-2004-windpool-exam Not a Board Member, oh come now!  Anyone see either of the names below on the list of members? Look at the text above the list – duly appointed insurers and agencies.   Anyone see anything about individual appointments?  Of course not.

Moreover, Plaintiffs have failed to submit any evidence that Sam Branch or J.D. Sparks were acting as State Farm’s agents when they served on the MWUA Board. To the contrary, the evidence presented demonstrates that Mr. Branch and Mr. Sparks acted in their individual capacities with no direction or control from State Farm. Because Sam Branch and J.D. Sparks were not acting as agents for State Farm when they served on the MWUA Board, State Farm cannot, as a matter of law, be held vicariously liable for their actions.

State Farm really needs to get its clowns another act!

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