Breaking News! Jury decides for Bossier – Phase II starts Thursday! UPDATED

Minute Entry for proceedings held before District Judge L. T. Senter, Jr: Jury Trial held on 11/10/2009: PHASE I COMPLETED, JURY VERDICT returned in favor of Plaintiff; Court ruled State Farm had no arguable reason for delinquency, therefore, PHASE II of JURY TRIAL TO BEGIN 11/12/09, at 1:00 P.M.; COUNSEL to reconvene in Chambers, 11/12/09, at 10:00 A.M.

I’ve been Sop’s blog partner almost two years now; and, Bossier v State Farm is one of the few cases the first case I’ve covered that has come close to trial.  In fact, the only trial other than Bossier that I recall at the moment is Lisanby v USAA.

The jury’s decision is sealed; but the minute entry tells us a jury of peers heard the evidence and decided in Bossier’s favor and Judge Senter’s ruling – no arguable reason for delinquency – set the stage for Phase II.

Congratulations to the Bossiers and to their attorney and tireless advocate, Judy Guice! Continue reading “Breaking News! Jury decides for Bossier – Phase II starts Thursday! UPDATED”

Another mess in Texas – lawsuit claims TWIA rigged process

The Texas Windstorm Insurance Association used prices lower than market rates to estimate materials and repair costs, unfairly limited costs on roof repairs and discouraged reopening closed claims, a League City home-owner alleges in a lawsuit that includes internal TWIA e-mails and documents.

“The game is rigged from the beginning,” said Steve Mostyn, the homeowner’s attorney who obtained hundreds of documents through the discovery process. “All the parts are designed for one purpose, which was to save money and underpay these claims every way they can, not by accident nor incompetence but a systematic effort.”

Rigged from the beginning – surely not!  ( h/t observant reader and the Houston Chronicle Lawsuit says windstorm insurer rigged process)

The lawsuit alleges the insurer told adjusters to base claims estimates on an internally developed price guide — with prices lower than market — instead of pricing software commonly used by the industry.

One adjusting firm reported the market rate for roof repairs was $230 to $255 per 100 square feet, but TWIA’s price was $182, the lawsuit claims. In internal documents filed with the lawsuit, the association portrays its prices as just a guideline.

The game, as Mostyn called it,  sounds familiar, does it not?  There’s more: Continue reading “Another mess in Texas – lawsuit claims TWIA rigged process”

State Farm’s expert[sic] all wet: Bossier v State Farm trial update

In a written statement Monday, State Farm said “… based on the testimony of both parties, it is clear that Mr. Bossier and State Farm have different views regarding whether it was wind or storm surge that destroyed Mr. Bossier’s home.

Different views, indeed. Why else would there be a trial? It was their differing views of an expert qualified to determine cause of loss, however, that were at issue when the trial resumed yesterday.

Last week ended with Bossier’s question on the table; i.e., were State Farm’s expert witnesses, Forrest Masters, Ph.D. and Robert H. Weisberg, Ph.D., qualified to give an opinion on the cause of Bossier’s loss? State Farm answered by filing a Bench Memorandum stating the Company’s position: Continue reading “State Farm’s expert[sic] all wet: Bossier v State Farm trial update”