Haag in the Church of What’s Happening Now in Rigsby qui tam

Tim Marshall, storm chaser…drove from his home in the Dallas area to a Slidell parking garage in an extended cab Chevy pickup, loaded down with supplies and technology, to track Hurricane Katrina… The Sun Herald’s Anita Lee described Marshall, a shareholder in Haag Engineering, as appearing every inch the mild-mannered engineer in his business suit … Continue reading “Haag in the Church of What’s Happening Now in Rigsby qui tam”

Z-Cat’s meow sez hurricane is windstorm and Merlin z-magician pulls memorandum of law from z-hat

Z is for Zurich and the company’s new web site that tells z-truth about the z-weather – a hurricane is a windstorm!  The site also contains an excellent must-read publication, Zurich’s six-page Guide to hurricane emergency action plans. We talk weather in the south.  Nowadays, weather-talk is usually just polite conversation.  However, for much of … Continue reading “Z-Cat’s meow sez hurricane is windstorm and Merlin z-magician pulls memorandum of law from z-hat”

Putting Kodrin v State Farm in perspective. Slabbed unifies the 5th Circuit decisions

I’ll start this post by publicly thanking Chip Merlin and Rick Trahant for their insight along with David Rossmiller. Rossmiller?? Has Sop lost his mind???? No, it was yesterday’s spirited exchange that I had with the guy, whom we affectionately call Rossie internally here at Slabbed that provided just enough intellectual stimulation for me to gain a greater … Continue reading “Putting Kodrin v State Farm in perspective. Slabbed unifies the 5th Circuit decisions”

Talking “flood” with Noah and the NFIP

Conversations about the “plain, ordinary and generally prevailing definition” of the word flood have been at the front line of the legal storm that followed Katrina.  That “generally prevailing definition” appears to include the widely accepted notion that flood water rises.  However, IMO that simply is not the case – and I”m somewhat of an … Continue reading “Talking “flood” with Noah and the NFIP”

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”

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”

Overview and update on Corban v USAA

Marilyn Haverty, whose house in Waveland, Miss., was buffeted by wind and surging water in Hurricane Katrina, thought her homeowner’s insurance would cover at least the wind damage. But it never paid her a penny… The insurance companies say they paid for damage to homes in areas where there was no flooding. Where there was … Continue reading “Overview and update on Corban v USAA”

Water, water, everywhere – except Judge Senter’s Order

After reading Judge Senter’s latest Order in a Katrina claims dispute, I just had to know more about the case – but first his Order as he makes his position on motions for summary judgment very clear. The only motion before the Court in this cause of action, Defendant’s [72] Motion for Partial Summary Judgment, … Continue reading “Water, water, everywhere – except Judge Senter’s Order”

The Scheme: them thats got and them thats not – the monopoly game (Chapter 6 Qui Tam)

Money, youve got lots of friends Crowding round the door Strategically, it was a brilliant move. Hidden in the last place anyone would think to look for evidence of fraud – the scheme is in the technology the insurance industry uses to identify fraudulent claims.  The best place to hide a needle is in a … Continue reading “The Scheme: them thats got and them thats not – the monopoly game (Chapter 6 Qui Tam)”

Western La District Court Finds a Way to Short Circuit the Fifth Circuit?

This actually makes too much sense to hold up but who knows. Thanks to our friends on the Cameron Parish School Board ordinary people won a very important battle against big insurance. Our readers no doubt recall how the 5th Circuit slaughtered the concept of anti concurrent causation in Leonard v Nationwide while ruling the policy clause was … Continue reading “Western La District Court Finds a Way to Short Circuit the Fifth Circuit?”