In the meanwhile, so I may know the outer limits of the potential claims involved in this action, I will require State Farm to submit, in camera, a list containing the name of the insured, the address of the property, and the amount of flood insurance paid, for all SFIP claims that meet the following criteria…
Clearly, Judge Senter thought his Order (August 10, 2009) was sufficient; but – well, his Supplemental Order Setting Deadline for State Farm’s in Camera Submission of List of Properties (September 11, 2009) speaks for itself:
On August 10, 2009, I entered an Order requiring State Farm to submit, in camera, a list of properties covered under its homeowners policies and meeting three specified criteria. State Farm has not yet responded to this portion of the Order, and I note that the Order did not specify a time-frame for the preparation and submission of this list. (emphasis added)
I find that setting such a time-frame is required in the interest of justice.
Accordingly, it is hereby ORDERED That State Farm Fire and Casualty Company shall submit the list called for under item number 6 in my order  of August 10, 2009, within thirty days of the date of this Supplemental Order, i.e. on or before the close of business on October 19, 2009.
Judge Senter obviously has mastered the art of diplomatic double speak – a credit to what some call good home training. Note how gently he points out State Farm had time to file a second Amended Answer and organize a coordinated response from co-defendants Haag and Forensics (FACES); i.e., State Farm has not yet responded to this portion of the Order.
It would be fool’s folly to attempt to convince him the list was difficult to produce when there are documents at his disposal that suggest otherwise – Chip Merlin’s deposition of Stephan Hinkle in Illing v State Farm (August 9, 2009), for example:
Q. What type of information is provided to you on that periodic basis on the claims payment
A. Payments are broken down by peril and by facility.
Q. What do you mean when you say by facility?
A. Whether it was field handled or in office handled.
Q. And by peril what do you mean?
A. We’ve assigned certain perils to claims like wind storm or fire or vandalism or theft.
Q. Katrina wind storm claims were assigned what type code number?
A. 35 and 36 which is wind.
Q. What’s 35 stand for?
A. Wind to building.
Q. And 36?
Judge Senter, no doubt, recalls that State Farm provided same day service in response to Judge Walker’s June 5 Order in Bossier v State Farm. Apparently, he also recalled Judge Walker’s response came in a box and it took two months to complete the in camera review and asked for a list.
Best guess for no response from State Farm to date – recent amendments to the FCA that apply to pending cases. Although always possible, it has never been easier to verify the accuracy of the information on NFIP claims that State Farm will submit on the list of properties meeting Judge Senter’s criteria no later than the19th of October.