The “big Mac”, of course is McIntosh v State Farm and the bite Judge Senter, according to the Holbrook Mohr story in the Sun Herald was this Opinion dismissing claims of fraud – seemingly a logical outcome of disqualifying the evidence and testimony of the Rigsby sisters.
Senter’s partial summary judgment dismisses claims of fraud against the Bloomington, Ill.-based insurer and allegations of “aiding and abetting” fraud on the part of Renfroe.
“Plaintiffs contend that State Farm, acting through Renfroe and Forensic (Analysis & Engineering Corporation) deliberately underestimated the amount of wind damage the insured property sustained in order to minimize its liability under the plaintiffs’ homeowners policy,” Senter wrote. “While this allegation, if sustained, would support a finding of bad faith, it is not sufficient to support an allegation of fraud.”
“It follows that Renfroe cannot have ‘aided and abetted’ a fraud that did not occur,” the ruling said.
Senter, however, left plenty of room on the McIntosh plate to prove bad faith and claim punitive damage – so, expect Sop to add the Coke and fries and deliver an extra value meal of good information and more food for thought.