BREAKING! 5th Circuit issues Order, Substitute Opinion in Dickerson v Lexington (AIG)

Amici or not, No member of the panel nor judge in regular active service1 of the court having requested that the court be polled on Rehearing En Banc (FED. R. APP. P. and 5TH CIR. R. 35),the Petition for Rehearing En Banc is DENIED, according to the Order issued by the 5th Circuit in Dickerson … Continue reading “BREAKING! 5th Circuit issues Order, Substitute Opinion in Dickerson v Lexington (AIG)”

The Fifth Circuit Gets One Right: Dickerson v Lexington

After butchering the concept of the Anti Concurrent Clause in Leonard v Nationwide and the concept of punis in Broussard v State Farm, the third time was the charm with the Fifth Circuit in Dickerson v Lexington. A big slabbed congratulations to Soren Gisleson and the Dickerson family. I wonder if AIG will be paying this … Continue reading “The Fifth Circuit Gets One Right: Dickerson v Lexington”

It’s Deja Vu All Over Again: Rossie’s New Appleman’s analysis of Anti Concurrent Causation anyone? Big Insurance Chips in Big Time with AIG’s Lexington unit in Dickerson. Softly spoken magic spells….

Nowdy and I have kicked this news back and forth all afternoon and we’re inspired in completely different directions so I’ll go first with some Pink Floyd. Turn up your speakers, press play and read on. [youtube=http://www.youtube.com/watch?v=RyL2vAUVOM0] Every year is getting shorter never seem to find the time. Plans that either come to naught or half … Continue reading “It’s Deja Vu All Over Again: Rossie’s New Appleman’s analysis of Anti Concurrent Causation anyone? Big Insurance Chips in Big Time with AIG’s Lexington unit in Dickerson. Softly spoken magic spells….”

Rebecca Mowbray and the Times Picayune chip in with Dickerson coverage

The importance of the recent Dickerson decision at the Fifth Circuit Court of Appeals can not be understated. Though the case was litgated under Louisiana law IMO some of the logic, including the portion on extra contractual damages that can result from bad faith dovetail well with Mississippi’s Broussard v State Farm and another case I’ll circle back … Continue reading “Rebecca Mowbray and the Times Picayune chip in with Dickerson coverage”

Amici, “they said you was high-classed, well that was just a lie…and you ain’t no friend of mine…”

From our growing number of Louisiana readers comes news of an appeal of the 5th’s decision in Dickerson v Lexington (AIG) filed by amici curiae of Lexington (AIG) and the company’s application for a rehearing by the 5th en banc. You aint nothin but a hound dog Cryin all the time… 0000uuuuuu, cried the hound … Continue reading “Amici, “they said you was high-classed, well that was just a lie…and you ain’t no friend of mine…””

Judge Barbier shines in Lightell! – Chip Merlin spotlights the Decision

I started my morning read-around with Can an Insured Recover Under a Flood Policy and an All Risk Homeowners Policy for the Same Damage? on Merlin’s blog – and that plus the beautiful sunshine here in the “Bold New City” just made my day. Chip did his usual good job spotlighting the significant points in … Continue reading “Judge Barbier shines in Lightell! – Chip Merlin spotlights the Decision”

Chip Merlin’s Gulf Coast case law update provides context for SLABBED update on recent developments in selected Katrina cases UPDATED

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 … Continue reading “Chip Merlin’s Gulf Coast case law update provides context for SLABBED update on recent developments in selected Katrina cases UPDATED”

Newly published Order and Reasons – …if Plaintiff is able to prove that State Farm acted in bad faith and that this led to mold damage, then Plaintiff may be able to recover for this damage.

The newly published Order and Reasons of Louisiana federal district Judge Eldon Fallon (Carpenter v State Farm) gives homeowners’ lawyers across the Country support for arguments to defeat a Motion for Summary Judgment on the mold and ALE provisions of a policy. Judge Fallon also reasoned State Farm can not declare a home habitable and … Continue reading “Newly published Order and Reasons – …if Plaintiff is able to prove that State Farm acted in bad faith and that this led to mold damage, then Plaintiff may be able to recover for this damage.”

Federal District Court Judge offers tutorial – proof of loss and segregation of damages

Intended as a tutorial or not, Louisiana Federal District Court Judge Sarah Vance wrote one in her pick ’em up – put ’em down examination of the case law on proof of loss and segregation of damages.  Follow her through the process that leads to an insurer must also make a specific showing of what … Continue reading “Federal District Court Judge offers tutorial – proof of loss and segregation of damages”

SLABBED Daily – June 9

Since my day started with correcting the error I made in Grit and Grocer and progressed to the webcast of Corban with no sound coming from my computer, it could be that I still have a touch of the virus that slabbed me yesterday. With that in mind, I’ll reply on Chip Merlin for the … Continue reading “SLABBED Daily – June 9”