The other side of the bar in McIntosh v State Farm has been busy, too. Plaintiff’s, now represented by the Merlin Law Group, filed on Friday, the 23rd Evidence of Out of State Conduct which includes depositions taken in the Watkins v. State Farm suit in Oklahoma among the Exhibits – find them here under the State Farm tab at the Marr Law Firm site.
Plaintiff’s exhibits also include an affidavit from Stephen Strzelec, retired from State Farm where he worked in management positions from 1985 to 2002. Strzelec was an expert witness in Watkins v. State Farm (which I posted about here) and will be an expert witness for the Plaintiff in McIntosh v State Farm:
Based on the discovery, the trial evidence presented, as well at the trial testimony, it appeared clear that State Farm hired the engineering firm, Haag Engineering Company, to provide a rationale for denying the claim. The evidence presented clearly showed the engineer had formed his opinion prior to any investigation and the report was not objectively prepared. There was evidence presented that supported the conclusion State Farm hired the engineering firm knowing ahead of time Haag supported the conclusion wind did not cause the damage to the structure.
Watkins was not the first time the issue of State Farm’s use of bias experts was litigated. The use of a bias Haag Engineering Company was litigated in State Farm Lloyds v. Nicolau . . . While a summary of the Nicolau case was widely distributed through the State Farm claims organization prior to the May 3, 1999 F-5 tornados touching down in Oklahoma, no action was taken. Armed with the knowledge of the Nicolau decision, State Farm continued to use Haag without restriction.
This summary of the Nicolau case is attached as Exhibit 11 to the filing. It is included in a State Farm training document titled First Party Seminar. This seminar on the handling of first party claims was a required course and first produced in 1998. This summary does not identify Haag as the engineering firm preparing the non-objective report. While clearly aware of the Court’s finding, State Farm did nothing to prevent Claims from continuing the use of Haag.
He has been retained as an expert by numerous State Farm insureds in their claims for damages caused by Hurricane Katrina and is aware of numerous allegations by insureds mirroring the allegations in Nicolau and Watkins. This would include hiring an expert with a pre-disposition to deny the claim and is aware of State Farm’s ongoing pattern and practice of utilizing and/or manipulating engineering firms to reduce or deny claim payments.
Incredible, belle, given this from the Plaintiff’s while State Farm is still pressing for more from the Rigsby sisters and Scruggs, it looks like Researcher did more than just “nail it” on McIntosh.
Well it doesn’t look like Merlin Law Firm is going to take it lying down.
There is plenty of red meat out there for the policyholder cases. Nellie Williams hard drive for instance was obtained through legit discovery as were many of the duplicate engineering reports.
The Rigsby sisters are important to State farm for other reasons. The biggie IMHO is that they were not sure which claims docs the Rigsby sisters copied. It is hard to keep your lies straight when you don’t know what to lie about. Along the same lines they didn’t know what evidence you can shred.
Chip Merlin’s reputation is that of a gifted insurance litigator who obtained good settlements for his clients. Lawyers I respect will always settle and avoid the courtroom if the result is fair for their client.
The fact that Merlin is loading up for bear ain’t good news for the McIntosh’s bad neighbor.
Sometimes when you mess with people enough money ceases to be the primary motivation to sue. I have no idea what is motivating the McIntosh family but sometimes I think they may have passed the point of being motivated by just their policy limits.
Great post Belle.
sop
If I recall correctly, Sop, the way the McIntosh family was treated was the motivation for the Rigsby sisters to step forward. I’m sure the way those young women have been treated is motivation in return – that and the fact the the family’s claim has become such a big target.
You’re right about belle’s post, posts actually. She did an end of the week docket search and came up with some really interesting information. I imagine this week will offer even more. Glad to have you back after your family-filled holiday.
Somehow i missed the point. Probably lost in translation 🙂 Anyway … nice blog to visit.
cheers, Locative!!