Robohms issue reality check in motions filed today! Robohm v State Farm

The subject policy contains language commonly referred to as the “Anti-Concurrent Causation Provision” or “Weather Conditions” exclusion which State Farm has characterized as preventing any recovery for wind damage when the insured property also sustains damage caused by another weather condition… The Mississippi Supreme Court has rejected the argument that the anti-concurrent clause is not ambiguous or not enforceable. The Mississippi Supreme Court held, in Corban v. United Services Automobile Assn., 20 So.3d at ,-r,-r 32, 40-41, that the anti-concurrent clause was ambiguous and unenforceable to the extent that it purported to exclude any wind loss if it occurred separately from and in any sequence to excluded water loss.

State Farm has already argued this exact issue before the United States District Court for the Southern District of Mississippi in another identical Hurricane Katrina related case this month. (See Memorandum Opinion in Charles Spansel and Janet Spansel v. State Farm Fire and Casualty Company…) In Spansel, the District Court found that “State Farm has not shown it is entitled to summary judgment on this portion (anti-concurrent clause) of the declaratory judgment claim”. In light of this ruling and others like it, the doctrine of collateral estoppels prohibits State Farm from contending here that the contract for insurance is not ambiguous as to any perceived anti-concurrent clause.

Plaintiffs’ Motion for Declaratory Judgment, one of five motions the Robohms filed on the 19th of January, was followed on the docket by State Farm’s Motion for Summary Judgment or in the alternative Partial Summary Judgment and supporting Memorandum:

Plaintiffs’ claim for declaratory judgment fails because…it is at odds with Mississippi Supreme Court precedent establishing that the water damage exclusion in the applicable policy unambiguously excludes damage from storm surge and that the anti-concurrent causation clause excludes damage caused by wind and flood acting concurrently. See Corban v. United Servs. Auto. Ass’n, 20 So. 3d 601,614-15 (Miss. 2009).

Buckle up, folks. We’re going to the other end of the Coast – 423 East Beach Drive, Ocean Springs – and way back to see what this case is about before discussing the other motions filed yesterday.  Continue reading “Robohms issue reality check in motions filed today! Robohm v State Farm”

How about some grilled Commish for lunch? Mike Chaney admits his office is in over its head.

You bet he went to Biloxi to hold hands with the only major Mississippi newspaper to endorse him last election. The conversation as reported by the Sun Herald ace reporter Anita Lee is stunning in its implications beyond Nationwide’s intention to raise rates state wide:

Chaney also said that he and neighboring insurance commissioners have set up a private e-mail system to exchange information. Expertise on the state insurance staffs varies and money is short, so the commissioners lean on one another to help analyze financial information.

My suggestion is they lean harder. I don’t envy Mr Chaney, because he has Jimbo the Clown on the left and the joker on the right. Then again the commenting citizenry doesn’t seem to think much of our commish either. Well at least it inspired today’s music video.



On the road to the NFC Championship game Peter Finney finds the Broke Spoke

Pete must have had some of Stevie’s white lightning out of the back because he slaughtered a few of the names in his otherwise entertaining piece. Like I said I can’t explain the attraction other than to simply accept that Hancock County’s most famous beer bar has become a cultural phenomenon in a positive way. The commenters to Finney’s column don’t get it as a group though one obviously did.

Great story, awesome place. Fell off a bar stool once there.

Here is a snippet of the Finney’s column:

Steve Haas is wearing a Viking purple shirt in the midst of, let’s call it, roadhouse decor.

There are pool tables, a wooden stove, and a sign that says, “Green Bay City Limits, Population 96,466.”

Hanging from the ceiling are fishing lures, T-shirts, baseball caps and bras, many of them autographed. Continue reading “On the road to the NFC Championship game Peter Finney finds the Broke Spoke”