ACC is the causation of Nationwide’s litigation – and policyholder claim of emotional distress

Katrina insurance litigation – selected Nationwide and State Farm cases posted the end of February and introduced a handful of interesting cases including Politz v Nationwide, a slab case.

Politz caught my eye again last night when my sweep of active cases turned up this Order from Judge Senter:

That the defendant’s motion [158] for summary judgment is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to the coverage for “other structures.” In all other respects the motion is DENIED.

That the defendant’s motion [110] to strike the plaintiffs’ claims for emotional distress will be GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to any evidence that Mrs. Politz’s heart condition or “depression” was caused by Nationwide’s actions in adjusting the Politzs’ claim and as to any evidence that Nationwide’s actions caused Mr. Politz’s hypertension, diabetes, anxiety, claustrophobia, depression, or his death from osteomyelitis. In all other respects, this motion is DENIED.

In the related Memorandum Opinion Judge Senter provides a summary of the background on the case: Continue reading “ACC is the causation of Nationwide’s litigation – and policyholder claim of emotional distress”

A rare glimpse…..

This was the topic of last nights nightmare except the due date in my dream was March 9, 2009 instead of July 30, 2009.

I’ll add a person seriously needs time away when dream fodder is workload planning.

Everyone in the GO Zone that received a homeowners grant owes Gene Taylor a big thank you for getting that bit of relief through Congress last year.


SLABBED Daily – March 31

Trying out a different name after Sop’s shocking discovery yesterday.

and, then, there’s the latest from Louisiana Citizen’s Insurance and the State’s never-met-an-insurer-that-wasn’t- right commission reported by Rebecca Mowbray for the Times Picayune in Citizens passes on settlement in Katrina class action litigation.

The board of Louisiana Citizens Property Insurance Corp. is engaged in a high-stakes gamble as it seeks to deal with two overlapping class-action lawsuits over the state-sponsored insurer’s handling of claims from the 2005 hurricanes.

If Citizens prevails, it says it will dispense with both suits for $35 million. If it loses, taxpayers could be on the hook for possibly hundreds of millions of dollars… Continue reading “SLABBED Daily – March 31”

Almost done! Renfroe and Rigsby ask for seven more days to complete settlement

chocolate-bunny-3Don’t hide your eggs tonight but Easter is coming and so is the settlement of both Renfroe v Rigsby, the Alabama case, and the issues between the two parties in the Rigsby qui tam.

Here’s the Joint Motion for an additional seven-day extension to finalize the settlement details.

The settlement agreement between Plaintiff E. A. Renfroe & Company, Inc. and Defendants Cori Rigsby and Kerri Rigsby includes not only the remaining issues in this case but also all of the issues between these parties in the qui tam suit pending in Mississippi (United States ex rel. Rigsby v. State Farm Mutual Insurance Company, et. al, Cause No. 1:06-cv-433, filed in the United States District Court for the Southern District of Mississippi, Southern Division). Because this settlement encompasses both suits and complex issues, there are, of necessity, numerous lawyers involved in crafting the precise language of the settlement agreement and its supporting motions and proposed orders…

ACCORDINGLY, the parties jointly and respectfully request that this Court grant this Joint Motion for Additional Extension of Time, extending the current deadlines to April 6, 2009 and April 8, 2009.

I guess we just wait and see who gets the chocolate bunny.