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 a recent Windpool Conference session for adjusters and the listed cases are those expected to “affect those adjusting claims in Gulf Coast areas outside of Florida”:

A second listing of related “practical points” followed and included, among others, two of particular interest: Continue reading “Chip Merlin’s Gulf Coast case law update provides context for SLABBED update on recent developments in selected Katrina cases UPDATED”

Oh, what a tangled (Dr.) Webb Nationwide and USAA are weaving – Hillier v USAA; Politz v Nationwide

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”