Yoo-hoo! Rigsbys Respond to Judge Senter and introduce the neighbors

In his Order concerning discovery prior to hearing on consolidated motions, Judge Senter noted:

In their responsive pleadings [264], the Relators assert that they are unduly limited in the evidence they can present because they do not have possession of the McIntosh claims file. The Relators have identified four sets of claims file documents they wish to obtain in order to present their side of this controversy: 1) all damage estimates State Farm made for the McIntosh property; 2) a full copy of the transaction logs on the McIntosh claims; 3) digital photographs of the damage to the McIntosh residence; and 4) correspondence related to Forensic Analysis Engineering Corporation’s assessment of the damage to the McIntosh property.

In addition to these documents, the Relators have identified seven witnesses whom they wish to depose before the start of the hearing: 1) Alexis King; 2) Brian Ford; 3) John Kelly; 4) Mike Church; 5) Craig Robertson; 6) Ron Muchk; and 7) Linda Muchk.

The relevance of the information these four witnesses possess is apparent; they were direct participants in the adjustment and payment of the McIntosh flood claim or witnesses who purport to have knowledge of the storm forces that damaged the McIntosh property. The role of the other three individuals the Relators have identified and the relevant knowledge they have is not readily apparent in the record.

The Rigsbys were required to submit a concise summary of their reasons for wanting to dispose the three individuals on their list whose relevance wasn’t apparent to Judge Senter by noon today – the Relators’ Summary of Reasons for Discovery follows: Continue reading “Yoo-hoo! Rigsbys Respond to Judge Senter and introduce the neighbors”

The Daily Slab – March 27

All the coverage we’ve given to the flooding in North Dakota linked SLABBED to Retrieverman’s weblog. noth-dakota-flood-golden1

This is a golden retriever that I’m sure you’ve all seen on the news. The dog’s name is “Annie,” and she belongs to a resident near the Red River of the North in Fargo, North Dakota.

Fargo is expecting a record flood this time, which is why they’ve sandbagged. This is a pretty bad natural disaster by anyone’s imagination.

However, look at the dog for minute. This is the type of golden that is still common in the Upper Midwest, dark -colored and, in the case of this one, rather wavy-coated. This dog’s coat is really quite similar to what I imagine the Tweed water dog or Tweed water spaniel’s coat looked like. Continue reading “The Daily Slab – March 27”

Double Trouble Doubled Down – Kuehn v State Farm

Remember the Kuehn’s of Double Trouble Kuehn v State Farm?

On February 28, 2008, the appraisal process concluded, and the umpire and the parties’ appraisers signed an Award setting forth the appraisal amount of $174,811.80…counsel for State Farm Fire told the appraisers and the umpire that the Award did not specify which part was for wind…the appraisers and umpire rewrote the Award to indicate that the entire amount was for wind damage.

Well, I ran into their case when I was looking at recent filings and decided to take a look and see how things were going.

We left them back in February shortly after Counsel for Plaintiffs learned during the deposition of State Farm’s designated appraiser, John Minor, on or about February 6, 2009, that counsel for State Farm will be, at the very least, necessary and material witnesses in this action. Counsel for State Farm recognized this fact and the deposition was halted.

John Banahan had just stepped in as new counsel for State Farm and requested an extension on the period of discovery on the appraisal issue until March 31 that would move the deadline for motions back to mid-April.

What happened between then and now would be easier to explain if this case had not bounced between state and federal court twice since  Hurricane Katrina. Wait, I take that back!  Let’s take a closer look at this case.

Hurricane Katrina ravaged their insured property, causing destruction to the structure and its contents.  On September 27, 2005 an adjuster for State Farm inspected the property.  The time line and documents that follow tell the story.

January 4, 2006
State Farm Fire…informed Plaintiffs that it would not cover the loss beyond what was already paid, which was $10,765.48.pages-from-kuehn-v-state-farm-41

April I, 2006 Continue reading “Double Trouble Doubled Down – Kuehn v State Farm”