Enter stage left: Rachel Savoy – seasoned adjuster of the policyholder’s claims under both their Flood and State Farm policies (Taranto v State Farm)
Q: …Can you give me a description of what, in you experience and knowledge of adjusting claims, what does concurrent causation mean to you in handling a claim?
A: Any loss that occurs with the covered loss and a non-covered loss whether it be before or after or during is not covered. [Exhibit C; Savoy depo at pp. 32-33; http://bit.ly/bAjCJ1].
Savoy further explains the application of the concurrent cause part of the policy,
Q. OK and when you say that something is not covered if the cause of the loss is combined to create a loss in any sequence of events; is that correct?
A. That’s my understanding.
Q. Ok. And is that a method with which you have applied the concurrent causation exclusion over your experience over the eleven, twelve years?
A. Yes. [Exhibit C; Savoy Depo at p. 33; http://bit.ly/aOCPI8].
Compliments of Anita Lee’s blog in the Sun Herald, we have An entertaining legal brief? You bet. The briefs – Plaintiffs’ Response Brief in Opposition to Motion for Summary Judgment (Toranto et al v State Farm) and Plaintiffs’ Response Brief in Opposition to Motion for Summary Judgment (Flores et al v State Farm) are as solidly grounded in law as they are innovative in format. Plaintiffs in both cases are represented by Mississippi attorney Darryl Gibbs with Louisiana’s John Denena Pro Hac Vice.
Denenea has filed legal briefs for policyholders in two lawsuits against State Farm Fire & Casualty Co. But these briefs are unlike thousands of others in Katrina insurance cases, or other civil cases for that matter. They contain hyperlinks to videos of adjusters explaining how claims were handled.
The adjusters tell an all too familiar story. State Farm began documenting flood damage to homes as soon as shell-shocked policyholders telephoned the insurance company’s call center. In some cases, policyholders had not even made it back to the Coast to view their homes firsthand. They were asked how much water hit their homes. This information was recorded in their claims files. At the call center, losses were blamed entirely on storm surge based on these calls.
Keep your popcorn out this weekend. We’ll have more video segments from these hyperlinked briefs — and more about State Farm’s “intentional manipulation of the claims data and denial of …[the]…claims” in these two cases.