Category: Anthony v State Farm

…and the Saints go marching in Katrina litigation

Oh, the Lord works in mysterious ways.  For example, tomorrow the trial in Bossier v State Farm begins on – trumpets, please – on All Souls Day.  Today, however, we celebrate All Saints!

One could say the slabbed have some saints-in-the- making –  it really is a miracle a case ever gets to trial! For now, we’ll just call them angels:

The English word “angel” comes from the Greek angelos, which means ‘messenger’.

Three who come to mind are Coast attorneys Judy Guice, Deborah Trotter, and Rose Hurder.  Guice will take her message to court tomorrow; so, let’s take a look at the others – and, since the Saints will still be marching if I type fast enough to get ahead of the Souls, a look at New Light Baptist v State Farm seems the appropriate place to start.  If you need background, check Oh my God! State Farm files motion to compel New Light Baptist Church to supplement discovery and the update in September’s SLABBED Monthly.

I’ve been regularly checking PACER for weeks expecting to see that New Light’s counsel,Deborah Trotter, and State Farm had settled the case. When new items appeared on the docket Friday, it was clear the case had not settled (understatement).

…pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, the Plaintiff, New Light Baptist Church, will take the video deposition upon oral examination of one or more officers, directors or managing agents, or other designated person(s) who consents to testify on behalf of State Farm Fire and Casualty Company on December 14, 2009 and December 15, 2009, at the offices of Hickman, Goza & Spragins, 115 Homestead Drive, Madison, MS 39110, beginning at 9:00 a.m.

When you pull the Notice, you’ll find a detailed list of the information State Farm’s 30(b)(6) representative needs to be capable of discussing.  Trotter never fails to surprise me; yet, even knowing that, the last thing I was expecting was a Continue reading “…and the Saints go marching in Katrina litigation”

SLABBED Monthly – September (catching up on Rigsby, Bossier, Robohm, Anthony, Harris, Montet, Lizana, and New Light Baptist v State Farm)

Thirty days hath September; but, this September it would take 60 to get everything done – and I’m not the only one wondering if the season is called “fall” because those who don’t fall behind are about to fall over.  Sop sends me text messages as he and little Sop make their way from football practice to a soccer game; and, I text back as soon as I find a place to pull over.  Since we can’t begin October without September done, I’ve grabbed a handful of incomplete posts and tossed the basic information into this update.

Rigsby v State Farm:

NOTICE of Hearing: Telephonic Status Conference set for 10/13/2009 01:30 PM before Magistrate Judge Robert H. Walker to establish a scheduling order for the discovery and trial of the Relators claim. One week prior to the conference, counsel are to submit, via email, a confidential memo in PDF format, detailing anticipated discovery by each party (including the number and names of deponents) and a requested time frame for discovery.

Bossier v State Farm

Several interesting developments here including this surprising one – Judge Walker issued an Order denying (yes, denying) a State Farm motion!

The evidence presented to the Court is uncontested that Fountain prepared the affidavit; that the affidavit included only part of what Ziz told Fountain; and that it omitted information about the rapid rise of flood waters from the Bay of  Biloxi. This Court finds such evidence insufficient to warrant disqualification of counsel. It is therefore, ORDERED that the motion to disqualify Attorney Stanton J. Fountain , Jr. as counsel for Plaintiff is denied.

Bossier’s counsel, coast attorney Judy Guice aka Seabiscuit (Judybisquit) withdrew the motion to expedit a  hearing on sanctions against State Farm for violation of the court’s September 3 order pending review of the documents belatedly provided by State Farm. (emphasis added)

On September 24, 2009, at approximately noon, counsel for Plaintiff received four discs represented to contain claims files ordered by this Honorable Court on September 3, 2009. Said discs appear to contain documents relating to approximately 150 claims files. (emphasis on 150 added!)

Meanwhile, State Farm has filed Continue reading “SLABBED Monthly – September (catching up on Rigsby, Bossier, Robohm, Anthony, Harris, Montet, Lizana, and New Light Baptist v State Farm)”

Eleuterius is named defendant in a second State Farm case

Pages from Anthony exhibit photos policy fema elevation
Anthony property: Pre-Katrina photograph documenting elevation before renovation/addition .

Once again, Marshall “Rocky” Eleuterius appears to be a super salesman and named defendant in Katrina litigation – first in O’Keefe and now in Anthony v State Farm.

According to the Complaint, the State Farm policy covered the Anthonys property located in close proximity to the Bay of St. Louis on the Gulf of Mexico.

State Farm and its agent Eleuterius expressly represented to the Plaintiffs that they would have full and comprehensive coverage for any and all hurricane damage to the insured residence, including any and all damage proximately, efficiently and typically caused by hurricane wind and “storm surge” proximately caused by hurricanes.

A particularly interesting section of the Complaint addresses “storm surge”. Continue reading “Eleuterius is named defendant in a second State Farm case”