This is a case about State Farm’s uniform, corporate-wide practice of undervaluing Louisiana insured’s property damage after Hurricane Katrina and Xactware’s active and intentional collusion. State Farm required its adjusters to use the computer program Xactimate to compute the replacement value of damaged property for as much as 60% below the actual market place value.
In the year plus since the scheme was published, the case was denied class status but, alone, Schafer v State Farm is moving toward trial set to begin on the 28th of June before Judge Africk – reportedly the most likable pro-insurance judge on the bench. Perhaps the best background on the case published on SLABBED is found in the January 2010 post State Farm’s Protective Orders are Dispositive Motions in disguise.
The Court has completed the in camera inspection of documents furnished by State Farm in the above captioned matter in connection with the plaintiffs’ motion to declassify and the defendants’ joint motion for return of certain confidential documents…
In essence, plaintiffs have contended the documents exchanged in discovery were wrongfully classified under the existing protective order and should be considered public in nature. Defendants, on the other hand, argue that they are confidential or highly confidential as defined in the protective order and should be returned. Continue reading “the pause that refreshes – all but five “confidential exhibits” declassified in Schafer v State Farm”