In Flores et al v State Farm, “The initial focus of the punitive liability of State Farm is on its adjuster Heather Keyt… One specific educational source that was identified by Ms. Keyt was an instructional video on “how to tell the difference” in causation questions over wind versus water”.
State Farm has not produced that video under an assertion of some proprietary argument. That video is not under seal, but was disclosed in the case of Watkins v. State Farm Fire & Casualty Co., #CJ- 2000-303, Grady County Court (Ok. 2007), and is entitled “Which Was It … Wind or Water?”
In…[Part 1 @ 7:05 of the three-part]…”video the instructor suggests as a general rule that to determine the cause as either wind or water, “go across the street, lean against your car look, at the building, and ask yourself, which was it wind or water?”
This general suggestion is consistent with the testimony of Ms. Keyt, and it forms the framework for the inspection that was conducted by State Farm’s adjuster.
The Flores’ plaintiffs “Response Brief in Opposition to [State Farm’s] Motion for Summary Judgment” is more than just pictures worth a thousand words. The discussion of related Mississippi case law on Good Faith and Fair Dealing and the Summary Judgment Standard applied to Punitive and/or Extra-Contractual Damages is thorough: Continue reading “Still got some popcorn? Grab a chair and watch State Farm's training video – "Which Was It…Wind or Water?"”
This post has a little something for everyone as the media frenzy on BP’s little mess is exceeded only by the feeding frenzy of the legal profession as seemingly every ambulance chasing lawyer in the nation has descended upon the Gulf Coast like a swarm of locusts. And we have some video for those folks that are wondering what the heck Jefferson Parish Council at large members John Young and Tom Capella are doing these days besides suing the blogosphere as it appears they are hunting a new washed up celebrity to pal around with as their boy Steven Seagal is currently out of the picture (due to recent accusations involving making a staffer his sex slave during filming of reality TeeVee show). Well, either that or they are cuddling up with the managing partner of Wendell Gautheir’s old firm, John Houghtaling, hoping they can finagle a redo of the Pan AM Flight 759 crash from 1982 when then Kenner mayor Aaron Broussard managed to steer the boys at the Gautheir firm the lion’s share of the after crash legal work. Lets begin with this Channel 4 video of a washed up Kevin Costner, the gang from Jefferson Parish and Costner’s contraption which he claims will cure the slick:
So with much of the gang in Jefferson Parish accounted for let’s shift over to New Orleans City Business and Ben Myers who covered the attorney problem a bit over a week ago: Continue reading “Gentleman start your attorney! Phil Bryant may not smell oil on the coast but the bar smells money. Slabbed updates the Oil Spill.”
I was amused Wednesday evening when Ignatius stopped in with a comment on a comment (since deleted by NOLA.com on their site) regarding the second Times Picayune news article that appeared Wednesday evening on Team Theriot suing the blogosphere. The second article was modified by T-P editor Drew Broach whom evidently maintains ties to Team Theriot and who slipped the word “deadhead” into the lede along with changing the author from Rich Rainey to himself. Now I honestly could not tell our readers exactly what a newspaper editor does besides proofing stories but one thing is certain, Mr Broach must have had his head firmly inserted in Mr Theriot’s hiney when we profiled a true deadhead worker in Aaron Broussard’s daughter in law Norma, the lady responsible for keeping a drunk in Craig Codina on the road until he finally killed someone. The other posts in our original series on Norma Broussard and how a lawyer with little to no experience was put in charge of the prosecution of every traffic offense in Jefferson parish can be found here (We busted the Picayune making excuses for Norma) and here (Tax Assessor Lawrence Chehardy’s law firm could not “de-Norma” their website fast enough after our first post).
Norma and her handlers must have thought the coast was clear after months in hiding from the media, so this past week she got up with Times Picayune reporter Melinda Morris. The story is sadly of the variety that I term “lazy journalism” and not because of the big wet kiss the Picayune planted on Norma but rather because it touched on very important constitutional issues the reporter flat-out missed (along with any semblance of reality about life in local traffic court). Let’s begin with Ms Morris’ report from team Broussard:
People arrested on suspicion of DWI know it’s harder for them to get convicted if they refuse the breath test, so they often do refuse, according to a Jefferson Parish prosecutor. Continue reading “Slabbed catches up with the original Jefferson Parish deadhead worker as Norma Broussard comes out of hiding.”