Aye Aye Captain Jack. Slabbed opens Davy Jones’ locker and finds an unethical Ed Rust hired gun.

There is a method to the madness here at Slabbed and one of my methods involves periodically revisiting certain news links we post to see if there are any belated comments worthy of follow-up. Such was the case with Anita Lee’s recent story on Chris McIntosh that we highlighted and sure enough there was a late comment by one Captain Jack that I could not let pass since it involves information we’ve been holding onto for at least a year and it is there we begin:

I agree with the other posters here. State Farm should be shut down. The federal government needs to investigate and prosecute. For details about State Farm’s bad behavior and the Oklahoma court ruling for sanctions and contempt against State Farm and attorney David V. Jones of San Antonio, Texas, check out http://badfaithinsurance.org and http://truthaboutmold.info/insurancenews.

Actually Cap there is so much more as the legal profession likes to keep attorneys like Jones as a dirty secret. Fortunately for us we had ring side seats via PACER when Jones enrolled in several Katrina cases involving State Farm in Louisiana including one where the lawyers for the plaintiffs tried to have Jones booted for lying on his pro hac vice affidavit only to have Judge Kurt Engelhardt, David Vitter’s former campaign manager, ignore a clear cut ethical violation. We’ll circle back to that.

Here is the deal from a layman’s perspective since we’ve written a good bit on the use of out of state hired guns. Sometimes an insurer has a case comes along that needs to go away no matter the means or methods.  Since not all of the insurance defense bar are unethical scudda beans sometimes ethical local firms need to be moved out of the way so the right kind of lawyer can come do the dirty work.  It worked for a while with James Robie in McIntosh v State Farm. Robie has hung more than a few skins on the wall for Ed Rust and State Farm but is just one man. Another is David Jones of San Antonio Texas.

There is no view like the view from the top moderating Slabbed and I’ll add it did not take long for Jones long to figure out we were onto him.  Continue reading “Aye Aye Captain Jack. Slabbed opens Davy Jones’ locker and finds an unethical Ed Rust hired gun.”

Pass the popcorn (and the Rebel Yell)

[youtube=http://www.youtube.com/watch?v=ZfAme2xjYTY]

The plaintiff’s property was located on the Jordan River in Bay St. Louis, Mississippi which endured the pounding winds of hurricane Katrina’s northeast side for hours before the eye wall crossed it and then endured many more hours of wind after the eye passed. Eventually, storm covered the property, but not before the property endured the maximum sustained winds well as one of the longest periods of sustained hurricane force winds in recorded history. During this onslaught, their entire property was destroyed on August 29, 2005, and the plaintiff’s lost all of their personal possessions located upon the premises as well. [See photo as Exhibit A].

Plaintiff’s reported their loss to State Farm, through its national call center while they were still evacuated in Northwest Louisiana. State Farm eventually assigned adjuster, Heather Keyt, an inexperienced adjuster to adjust the plaintiff’s claims. Ms. Keyt quickly recommended that the claim be denied without supporting evidence except for a alleged report by the plaintiff on the cause of the loss being storm surge

….when asked to explain how she came to determine that the house was a total loss due to flood, Ms. Keyt’s consistent and yet unreliable “fact” was a description made in the initial claim recorded by State Farm at its national call center received immediately following Hurricane Katrina. This section of the claim file that maintained the initial information is referred to as the “Facts” section. [Exhibit F].

Mark Flores, one of the insureds and a joint owner of the home, made the initial reporting of the claim. Mark Flores was evacuated to Natchitoches, Louisiana, approximately 40 miles from the Texas border, at the time he made the call to make a claim, and could not have known the cause of the loss of his home. [Exhibit G; Mark Flores depo., pp. 13-14]. Continue reading “Pass the popcorn (and the Rebel Yell)”