Alternative New Media for the Gulf South
As promised, more on the pro se plaintiff v anticoncurrent causation (Lexington/AIG) starting with Lexington’s position. Lexington has a right under the insurance policy to deny payments for damage that was caused by (a) flood water (as defined by the policy) or (b) a combination of flood and wind…In other words, it matters not whether … Continue reading “SLABBED Daily – June 4”
Plaintiff respectfully requests the Court to stay these proceedings pending a ruling from the Mississippi Supreme Court in Corban v. United Services Automobile Association, et al No. 2008-IA-00645-SCT. The latest development in Politz v Nationwide is the Motion to Stay filed by Mrs. Politz and Nationwide’s Response in Opposition filed today before the noon deadline … Continue reading “The Corban Conundrum: The elephant in the room (updated)”
We’ve seen some brain dead decisions out of Edith Jones at the 5th Circuit. Some thought her infantilized analysis of anti-concurrent causation in Leonard could not be beat for setting new lows in judicial ignorance but Dwyer v Fidelity National might give Leonard a run for it’s money. We’ve been sitting on this case for … Continue reading “A bit more on the Appraisal Clause NFIP style as Edith Jones strikes again: Dwyer v Fidelity National Part 1”
Then you gotta wonder about the thought process involved in pushing Leonard lite to the 5th Circuit. I don’t know if this case involves bad wind-water lawyering or an ornery client but you know they didn’t read Slabbed before wasting time rehashing concurrent causation with Edith Jones. sop
Katrina insurance litigation – selected Nationwide and State Farm cases posted the end of February and introduced a handful of interesting cases including Politz v Nationwide, a slab case. Politz caught my eye again last night when my sweep of active cases turned up this Order from Judge Senter: That the defendant’s motion [158] for … Continue reading “ACC is the causation of Nationwide’s litigation – and policyholder claim of emotional distress”
We’ll talk about the sow’s ear later, let’s take a look at this purse –the 5th Circuit’s decision on State Farm’s appeal of Kodrin. If you like the way poly handles water, it should suit you better than silk. We affirm the jury’s finding of coverage and its award of damages for the loss of … Continue reading “5th hands Kodrin a polyester purse – stands up to water! (Kodrin v State Farm)”
While the National Insurance Law Forum waited a bit longer than most to ask Hurricane Ike Insurance Litigation: Will it be as bad as Katrina?, the November 17, 2007 post also suggested the answer. It didn’t take long for the first bad faith suits arising from Hurricane Ike to be filed in Texas. Last week, … Continue reading “Treading Water – claims handling in Texas following Hurricane Ike”
Since I’m not a lawyer, I really just have one standard and that’s does an argument or decision make sense. A lot of these decisions just don’t. Why? Judge Helen “Ginger” Berrigan of Louisiana’s Eastern District Federal Court is one judge I had in mind when responding to Chip Merlin’s comment on the need to … Continue reading “Judge Ginger Berrigan, Welcome to the infirmary of the SLABBED”
I must be quick so I can get on the road to Buzzard Roost and there are several items that we need to cover so let’s start with the men and women on the Wall Street Journal’s Editorial board who evidently found a local source for psyclobin mushrooms (and consumed alot of tea) before they wrote this: … Continue reading “Around the GO Zone in 60 Seconds: Drinking ‘Shroom juice at the Wall Street Journal, Cottages, Community, Warr and Wind Pool”
Some things we just aren’t meant to understand; and the joint motion and joint stipulations filed in the Renfroe-Rigsby Alabama case must be among them – Lord knows I’ve tried! First, the two parties filed a Joint motion to continue pre-trial conference and set briefing schedule. The Court has previously granted summary judgment in favor … Continue reading “Joint motion and stipulations by Renfroe-Rigsby stump the band”