In Flores et al v State Farm, “The initial focus of the punitive liability of State Farm is on its adjuster Heather Keyt… One specific educational source that was identified by Ms. Keyt was an instructional video on “how to tell the difference” in causation questions over wind versus water”.
State Farm has not produced that video under an assertion of some proprietary argument. That video is not under seal, but was disclosed in the case of Watkins v. State Farm Fire & Casualty Co., #CJ- 2000-303, Grady County Court (Ok. 2007), and is entitled “Which Was It … Wind or Water?”
In…[Part 1 @ 7:05 of the three-part]…”video the instructor suggests as a general rule that to determine the cause as either wind or water, “go across the street, lean against your car look, at the building, and ask yourself, which was it wind or water?”
This general suggestion is consistent with the testimony of Ms. Keyt, and it forms the framework for the inspection that was conducted by State Farm’s adjuster.
[youtube=http://www.youtube.com/watch?v=tueEcMCAPxQ]
The Flores’ plaintiffs “Response Brief in Opposition to [State Farm’s] Motion for Summary Judgment” is more than just pictures worth a thousand words. The discussion of related Mississippi case law on Good Faith and Fair Dealing and the Summary Judgment Standard applied to Punitive and/or Extra-Contractual Damages is thorough: Continue reading “Still got some popcorn? Grab a chair and watch State Farm's training video – "Which Was It…Wind or Water?"”