Merlin lived up to his name when, like the magician, he pulled this list of case law out of his hat, so to speak, and posted it on his blog last week – providing the context for an update on several cases we’ve followed on SLABBED. Case law was the focus of Merlin’s presentation at a recent Windpool Conference session for adjusters and the listed cases are those expected to “affect those adjusting claims in Gulf Coast areas outside of Florida”:
- Fonte v. Audubon Ins. Co., 8 So. 3d 161 (Miss. 2009)
- Certain Underwriters at Lloyds London v. Law, 570 F.3d 574 (5th Cir. 2009)
- Guideone Mut. Ins. Co. v. Rock, No. 06-218, 2009 WL 1854452 (N.D. Miss., June 29, 2009)
- Corban v. United Services Automobile Association, 20 So. 3d 601 (Miss. 2009)
- Watson v. Allstate Ins. Co., Slip Copy, No. 07-3462, 2009 WL 1704730 (E.D. La., June 17, 2009)
- Dickerson v. Lexington Ins. Co., 556 F.3d 290 (5th Cir. 2009)
- Campbell v. Shelter Mutual Ins. Co., No. 07-1983, 2009 WL 56003 (E.D. La., Jan. 7, 2009) (Following Dickerson)
- Korbel v. Lexington Ins. Co., 308 Fed. Appx. 800 (5th Cir. 2009)
- Copelin v. State Farm Ins. Co., No. 06-4115, 2009 WL 36188 (E.D. La., February 12, 2009)
- Marketfare Canal, LLC v. United Fire & Cas. Co., 594 F.Supp 2d 724 (E.D. La. 2009)
- Grilletta v. Lexington Ins. Co., 558 F.3d 359 (5th Cir. 2009)
- State Farm Lloyds v. Johnson, 290 S.W. 3d 886, 52 Tex. Sup. Ct. J. 1042 (Tex. 2009)
- Spicewood Summit Office Condominiums Ass’n, Inc. v. America First Lloyd’s Ins. Co., 287 S.W. 3d 461, (Tex. App.-Austin, 2009)
- Temcharoen v. United Fire Lloyds, 293 S.W. 3d 332 (Tex .App.-Eastland 2009)
- Moffett v. Computer Sciences Corp., et al., 647 F.Supp. 2d 517 (D. Md. 2009)
A second listing of related “practical points” followed and included, among others, two of particular interest: Continue reading “Chip Merlin’s Gulf Coast case law update provides context for SLABBED update on recent developments in selected Katrina cases UPDATED”
Nowdy without looking for specifics I know we were copied on some of the poison missives that Ashton sent that were cited in FBI agent’s Chris DiMenna’s affidavit. Besides not being a lawyer I am also not a shrink but Ashton’s last email reminded me of my buddy who finally flamed out after not sleeping for several days. This is symptomatic of mania that is associated with Bipolar disorder:
Mania is generally characterized by a distinct period of an elevated, expansive, or irritable mood state. People commonly experience an increase in energy and a decreased need for sleep. A person’s speech may be pressured, with thoughts experienced as racing. Attention span is low and a person in a manic state may be easily distracted. Judgment may become impaired; sufferers may go on spending sprees or engage in behavior that is quite abnormal for them. They may indulge in substance abuse, particularly alcohol or other depressants, cocaine or other stimulants, or sleeping pills. Their behavior may become aggressive, intolerant or intrusive. People may feel out of control or unstoppable. People may feel they have been “chosen,” are “on a special mission,” or other grandiose or delusional ideas. Sexual drive may increase. At more extreme phases of bipolar I, a person in a manic state can begin to experience psychosis, or a break with reality, where thinking is affected along with mood. Many people in a manic state experience severe anxiety and are very irritable (to the point of rage), while others are euphoric and grandiose.
I’m not making excuses for Ashton nor am I casting stones at the judges as I know first hand exactly how difficult and unreasonable a person in a manic state can be. Continue reading “A peek into the mind of a very troubled man: We have Ashton’s criminal complaint”
That’s right folks, this is the market our politicians like Commish Mike Chaney and his band of GOP idiots tell us we should trust and believe in. Never mind what happened when this coutry’s official economic policy was to trust the unregulated derivates market, the gang in Jackson has their story and they are sticking to it. Perhaps this is also why our state’s windpool has become a bottomless pit for taxpayer subsidy. I’ll let the good folks at Risk and Insurance Online explain:
But perhaps the investor summed up all his unspoken concerns when he stood up at the end of the presentation and asked, in not so many words: Isn’t it true that you reinsurance guys keep all the good catastrophe risks for yourselves, then give what’s left to catastrophe bond investors?
It is a matter of debate whether the speakers denied that or not, but what they did say definitely is that collateralized reinsurance has its own special place in the world of insurance-linked securities (ILS), separate from CAT bonds. It’s not that one product covers better property-catastrophe risks than the other.
It’s that collateralized reinsurance has found itself a niche at the bottom of the reinsurance program. Collateralized reinsurance usually comes into play at the lowest layers of a primary carrier’s reinsurance program. We’re talking even below the traditional “working layers” where the big-name reinsurers play.
Yep we have a new kid on the block in Collateralized Re and guess what kids? It operates in a non transparent market out of Bermuda as we continue: Continue reading “More news from the Cat House: The unregulated, nefarious Bermudan market for collateralized reinsurance. Can’t match those yields…”
I have a bleg that relates to yesterday’s post on Magistrate Carol Kiff releasing convict James Buisson from the pokey so the guy could attend the NFC Championship game. We’ve received email inquiries asking how James Buisson was related to Chehardy Sherman spokesman/political consultant Greg Buisson with the gist being some think James is Greg’s son thus there may be more to the release than was first reported. We’ve sent out email inquires and I know this is a hot behind the scene’s topic in Jefferson Parish based on the chatter we’re hearing. We want to get this right so any authoritative clarification is most welcome. Thanks.
Folks as the details of yet more dead weight on the Parish’s payroll come to light, this time courtesy of Fox 8 news reporter Val Bracy, (Fox 8 and the T-P’s coverage of this political corruption scandal clearly stands above the rest to this point) I am reminded of that old Yogi Berra quote, it’s “deja vu all over again.” (Click here to see why). This time the non-paralegal, paralegal is New Orleans sportscaster turned sports writer Ken Trahan who was getting paid $18,000 by the taxpayers to do little to nothing:
Ken Trahan is best known as a radio sports commentator and for the work he did with Aaron Broussard on the Saints Hall of Fame Museum.
And according to Jefferson Parish records he was also a paralegal in the Parish Attorney’s Office.
Trahan was paid about $18,000 a year for a 20-hour week in 2008 and ’09 although he doesn’t show up on the parish attorney’s 2009 organizational charts.
According to the parish, Trahan resigned a few days after FOX 8 inquired about his paralegal credentials. Jefferson Parish does not have any on record. Continue reading “Help wanted in Jefferson Parish: Position Paralegal. No experience or training required.”
Last night I had a chance to compare notes with Mrs Sop on our continuing problems with the invisible fence company Innotek, and their poorly safeguarded computer system which was hacked resulting in their customer’s personal information being stolen. Two days ago the Missus spoke with Innotek’s legal services manager Anita White where she expressed our displeasure with their response including the 3 week delay in notifying their customers. After that first conversation we had more questions and the Missus again called Innotek to speak with Ms White this time leaving a message as Ms White was not available to take the call. That was two days ago and Innotek has evidently now gone dark.
Folks, companies wanting to sell their products are a dime a dozen. Unfortunately those that value their customer’s satisfaction are just a tiny fraction of that number and we’re finding out the hard way Innotek is not a company that takes customer satisfaction very seriously. Mrs Sop tells me Anita White tried to make her happy offering us free batteries for the dog’s collar. I don’t know what those batteries cost Innotek but I do know how much credit monitoring costs. I now wonder about Innotek’s solvency. Continue reading “Team Sop’s continuing adventures with Innotek, security breaches and poor customer service”