Back in news on SLABBED is Nationwide’s favorite psychiatrist – Mark Webb, M.D., more tangled than ever in Politz v Nationwide and now tangled in Hillier v USAA, too. Plaintiff’s attorney Tina Nicholson explains just how tangled in a Motion to Exclude the Testimony of Dr. Mark Webb USAA’S Expert.
COMES NOW the Plaintiff, Honora Hillier and moves to exclude the testimony at trial of Mark Webb, a psychiatric expert designated by the Defendant, USAA Casualty Insurance Company (“USAA”). Webb is expected to testify at trial about the extent of Honora Hillier’s emotional distress due to USAA’s failure to properly pay the insurance claim.
Webb’s testimony should be excluded because it is not based on reliable facts or methodology. Webb, a psychiatrist, apparently intends to testify about Honora Hillier’s emotional and/or mental condition although he has neither examined her nor reviewed her medical records. There is absolutely no basis in fact for Webb’s opinions. Moreover, the one relevant opinion that Webb does offer — that Hillier suffered stress as a result of Hurricane Katrina-related events — is not one that requires a medical degree to make.
Webb is a medical doctor and a psychiatrist. His expert report is attached hereto as sealed Exhibit A. Webb’s report states that he was not able to review any of Hillier’s medical records. He requests the opportunity to examine Hillier “to further investigate her psychiatric issues, if any.” However, Webb never examined Hillier.
Webb cannot testify regarding Hillier’s medical condition because he has not reviewed any of her medical records and has never examined Hillier. Continue reading “Oh, what a tangled (Dr.) Webb Nationwide and USAA are weaving – Hillier v USAA; Politz v Nationwide”
We’ve confirmed Kris Carter’s comment. On behalf of Nowdy and Bam Bam we’d like to thank Mr and Mrs Bossier for sticking with this litigation to the end. While our gratitude will certainly be of little solace to them right now perhaps in time they’ll take comfort from the greater good it accomplished. We also thank Judy Guice. The tenacity in her advocating for the Bossiers is self-evident and indicative of the fine consumer lawyer she is.
I’ll be back with some analysis a bit later on the jury.
Minute Entry for proceedings held before District Judge L. T. Senter, Jr: Jury Trial held on 11/10/2009: PHASE I COMPLETED, JURY VERDICT returned in favor of Plaintiff; Court ruled State Farm had no arguable reason for delinquency, therefore, PHASE II of JURY TRIAL TO BEGIN 11/12/09, at 1:00 P.M.; COUNSEL to reconvene in Chambers, 11/12/09, at 10:00 A.M.
I’ve been Sop’s blog partner almost two years now; and, Bossier v State Farm is one of the few cases the first case I’ve covered that has come close to trial. In fact, the only trial other than Bossier that I recall at the moment is Lisanby v USAA.
The jury’s decision is sealed; but the minute entry tells us a jury of peers heard the evidence and decided in Bossier’s favor and Judge Senter’s ruling – no arguable reason for delinquency – set the stage for Phase II.
Congratulations to the Bossiers and to their attorney and tireless advocate, Judy Guice! Continue reading “Breaking News! Jury decides for Bossier – Phase II starts Thursday! UPDATED”
As I alluded yesterday we heard the rumor about the delay and Anita Lee made it official. Today she gives us some added color to the cause:
The fifth day of trial in a Hurricane Katrina wind vs. water case was cancelled Friday because Judge L.T. Senter Jr. was sick.
The jury trial in Bossier v. State Farm is expected to resume Monday morning in U.S. District Court.
Reginald “Ed” Bossier contends that wind effectively destroyed his one-story home before the tide from the Back Bay surged through.
The story also contained an interesting tidbit we’ve been all over since it happened in the very late belated payment to the Bossiers for their outbuilding. Again this is manifest bad faith and illustrates State Farm’s deny first and delay payment approach to their claims handling: Continue reading “Bossier delayed until Monday”
A little birdie has been telling us stories on you John. With friends like you who needs enemies (or vaseline for that matter).
We heard the rumors late this morning and now Anita Lee makes it official, Bossier has been delayed until this afternoon.
Anita’s Wednesday mid afternoon update mentioned State Farm having their PR crew at the Russell courthouse. I was surprised to learn Bob Lapinski, formerly of Allstate, is now working for State Farm. Bob’s LinkedIn page needs some TLC. Along with Bob is David Majors who is the regional PR contact on the insurance bad faith Farm. MIA is Phil Supple who has a good last name for being in the shillin’ biz. Phil may have gotten a bad oyster last time he was down.
I suspect our very good friend Sup knows Bob. By all accounts Bob is quite the chatty jovial type. Perhaps if Sup sees this he’ll stop in and share some insight with us.
So while we wait for more news on Bossier lets take a trip down memory lane to the 2006 CNN documentary The Town that Fought Back. Vive La Revolution Continue reading “Breaking: Bossier Trial on Delay. Meantime lets drop a few names.”
I am locked up in a meeting this afternoon and just about spit my coffee when I saw the latest on Bossier. In short, the Farm knows they are toast in Bossier and are now officially grasping for straws. Anita Lee, who is now offically part of the news cycle, reports for the Sun Herald:
U.S. District Judge L.T. Senter Jr. denied State Farm’s motion for a mistrial before a jury returned to the courtroom for a fourth day of testimony Thursday in a Katrina case, Bossier vs. State Farm.
State Farm attorneys sought the mistrial because of an article in Thursday morning’s Sun Herald. The article reported on Senter’s suggestion that the attorneys get with their client, State Farm, and try to settle the case.
Senter polled the jury and found two of the eight jurors had been told that an article was in the newspaper but they did not hear anything about the content. Continue reading “Breaking: State Farm files for mistrial in Bossier”
State Farm attorney Ben Mullen said the Mississippi Supreme Court only recently clarified that insurance companies bear the burden to prove water caused a loss before payment is denied.
Senter corrected him, saying, “That’s been the law since 1910, counsel.”
Anita Lee – of course – has the story for the Sun Herald – and what a story it is! According to Lee, it all started when Bossier had just finished presenting evidence that he should be paid policy limits of $650,000 on his Hurricane Katrina claim.
Senter dismissed the jury, then heard State Farm’s argument that the policyholder’s case was so weak the judge should dismiss it without rebuttal from the insurance company. Senter rejected the motion, then suggested State Farm consider making an offer to policyholder Reginald “Ed” Bossier that would end the trial.
Senter said the record so far includes “some pretty tough stuff” pertaining to the insurance company. “See what you can come up with,” Senter told the attorneys, “and everybody can come out of this with a degree of honor.” Continue reading “Judge Senter dismisses jury briefly, suggests State Farm settle with Bossier (can you belive it?)”
Chip Merlin, fired up and ready to go after Safeco and Liberty Mutual, issued a call to arms on his blog today in Safeco and Liberty Mutual Claims Practices Questioned on a National Basis: Policyholders Organize Against Wrongful Claims Practices.
Having seen what wrongful claims practices can do to family and communities in our State’s coastal counties, SLABBED grabbed a keyboard and stands ready to type.
Suppose you knew that your insurance company had started a new claims practice program called “Quantum Leap” to increase corporate practices by making certain no claim was overpaid—would you buy that insurance? Would you feel peace of mine if you knew that secret program was in place and had such a claims philosophy? Continue reading “No more Mr. Nice Guy – Merlin takes on Safeco and Liberty Mutual”