With many thanks to Mr CLS and Forrest who continually links our posts. In this episode of “The Slab Turns” Allstate lawyers from the downtown firm of Barrasso, Usdin, Kupperman, Freeman & Sarver wax nonsensical before Judge Barbier.
Judge forget about Grilletta dat dingbat Edith over at the Circuit got it all wrong. Pay attention to Louisiana Bag instead…
Unfortunately for the Barrasso folks Judge Barbier is familiar with Grilletta and Allstate’s questionable claims handling tactics. I submit there are very good reasons consumers maintain such a dim view of the bad hands people. Just ask Ms French who was shafted for the better part of 4 years by the people in Northbrook.
Allstate contends that the Court should not follow Fifth Circuit precedent regarding the amount of penalties to be awarded and should simply ignore the Fifth Circuit’s recent Grilletta case. This Court cannot simply disregard a decision of the Fifth Circuit that is directly on point. Allstate urges the Court to follow the Louisiana Supreme Court’s decision in Louisiana Bag Co. v. Audubon Indemnity Co., 999 So. 2d 1104 (La. 2008), which it believes contradicts the holding in Grilletta. However, the Fifth Circuit in Grilletta discussed and considered Louisiana Bag in reaching the holding with which Allstate disagrees. See Grilletta, 558 F.3d at 370-71. Thus, Allstate invites this Court to challenge the Fifth Circuit’s interpretation of that case and adopt a different reading of the case, contrary to that of the Fifth Circuit. The Court declines such an invitation.
Here is the entire order which includes a good synopsis of what the typical Allstate insured who lost their house to Katrina had to endure from their insurer.
[scribd id=16481905 key=key-9qyrpfa96jdl5d5vrsb]