This cause of action is between Plaintiff and Defendant arising under a direct contractual relationship, with Defendant owing Plaintiff certain obligations, including the implied duty of good faith and fair dealing, and the legal responsibility to fairly investigate and evaluate his claims and respond appropriately.
Whatever the reason, the outcome was clear – Bossier’s counsel and counsel for State Farm were able to reach an agreement:
after referral from the District Court regarding the production of other State Farm claim files near the Bossier property, and the Court having discussed same with the parties, and now being advised that the parties have reached an agreement as to the appropriate area from which the other claim files will be selected now enters this Agreed Order.
The appropriate area agreed to by the parties is bordered on the west by Sharon Hills Drive; north by Brasher Road; and east by Waters View Drive. The northern shore of the Back Bay of Biloxi provides the border to the south.
Judge Walker’s Order indicates he also set some boundaries:
You’d think after Nationwide spilled the beans, the Supremes would be in a hurry to protect policyholders with cases still in litigation; but, then again, maybe they think with all the beans on the table, it’s such a no-brainer they can take their time.
One justice asked Nationwide whether ACC would exclude coverage in a case where a home was 95% destroyed by wind before any flooding…According to…[Nationwide]…it does not matter what actually caused the damage. If the subsequent flooding would have caused it, the damage is covered by NFIP and not Nationwide.
The trial ended on August 13th; but, the end was anything but uneventful. At 10:00am the morning of the 14th, Judge Vance had counsel for both parties back in court – James Garner for plaintiff Imperial Trading and Ralph Hubbard for defendant Travelers.
THE DEPUTY CLERK: All rise, please. Court is in session. Please be seated.
THE COURT: Where’s Mr. Garner?
MR. FRANCIS: He is on his way, Your Honor.
THE COURT: He is late.
MR. FRANCIS: Do you want me to call him on his phone?
THE COURT: You better tell him to get over here right now.