Insurance Law Hawaii reviews Corban decision – Impressed with the clarity of the analysis

The Mississippi Supreme Court shined in its analysis of the term “concurrently.”

At the top of the SLABBED blogroll and now dear to our heart as well, Insurance Law Hawaii writes Corban Presents Well-Reasoned Analysis of Anti-Concurrent Causation Clause:

Having now read the full Corban decision, I am impressed with the clarity of the analysis set forth in the opinion.  See Corban v. United Services Automobile Assoc., 2009 Miss LEXIS 481 (Miss. Sup. Ct. Oct. 8, 2009).  The Mississippi Supreme Court carefully considered the facts, offered a common sense analysis to the anti-concurrent causation clause, and determined the provision had no application to the facts at hand.  The case has implications for Hawai`i because homeowners’ policies issued here typically include an anti-concurrent causation clause. Continue reading “Insurance Law Hawaii reviews Corban decision – Impressed with the clarity of the analysis”

The Price We Pay For “Pro-Business” Courts

As I’ve said in prior posts, I firmly believe Americans can no longer claim we’re “a government of laws not of men” as John Adams, our 2nd US President once pronounced. Adams’ words came to epitomize the venerable “rule of law” in America. In his era, the critical debate was “rule of law” vs. “rule of man.” The prospect that America might become “a government of men not of laws,” is exactly what Adams and our founders feared most, and warned us to stay away from. In their day, “rule of man” referred to the British King George III, who . . . well, just take a look for yourself:

In 1776, the year of our Declaration of Independence, Thomas Paine anonymously wrote a pamphlet titled Common Sense which stated: “in America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.” Adams, a contemporary of Paine, expounded on Paine’s Common Sense, and made sure the Massachusetts Constitution of 1780 included the words “a government of laws not of men.”

In Adams’ and Paine’s day, the King was law, and he served no one except himself. Today, billionaire monopolies are the “King makers.” By purchasing our legislatures, individual judges and elected officials, they bastardize “the rule of law.” Their aim is make America a government of men, not law. This is what happens every day in Latin America, and why we call them “third world.” If we acquiesce, and accept their bastardization of America’s founding premise, we’re right back where we started in 1776. Put another way:

we cannot let this ↓ Continue reading “The Price We Pay For “Pro-Business” Courts”

Bossier challenges State Farm’s round tuit approach to compliance with Court’s Order – Trial begins in 2 weeks!

Traditional_Tuit_Times_Red…counsel for the Defendant became aware of a problem with getting the files in and began trying to investigate the holdup on receiving the files. Counsel for the Defendant received an answer and provided that information to both counsel for the Plaintiff and the Court on September 24, 2009. The individual responsible for gathering and scanning the files in the Southern Zone for State Farm had been out of the office the week prior. Nevertheless, a disk had been made of the claim files on Monday, September 21, 2009, within the time agreed to by Plaintiff’s counsel for the production, but the disk did not reach counsel for the Defendant until Thursday, September 24, 2009.  The disk was immediately provided to counsel for the Plaintiff at or near noon of September 24, 2009. Another disk with twelve additional claims was provided on September 29, 2009. (State Farm’s October 7, 2009, Response to Bossier’s Motion for Sanctions) (emphasis added)

The Court ordered documents were to be produced by State Farm by September 17, 2009. Without withdrawing his Motion for Sanctions Under Rule 37(b) For Failure to Comply With Court Order of September 3, 2009, on September 25, Bossier withdrew his motion to expedite a hearing on the matter pending Counsel’s review of the claim files.

JURY TRIAL SET for 11/2/2009, 10:00 A.M., in Courtroom 506, Gulfport, MS, before District Judge L. T. Senter Jr!

Surely, State Farm isn’t trying to delay the trail and set up Bossier’s counsel to take the fall for the delay – but a reading  of Bossier’s Reply to State Farm’s Response in Opposition to the Motion for Sanctions certainly makes it seem that way. Continue reading “Bossier challenges State Farm’s round tuit approach to compliance with Court’s Order – Trial begins in 2 weeks!”