Tag: Shows v State Farm; Provost-Umphrey; Katrina RICO case

More on the Recent RICO Settlement: Anita Lee reports on the more that first met the eye

Nowdy’s instincts were right about there being a story behind the story in the case of the settlement of Shows v State Farm, which we broke here last Friday.  In this case the more is that 225 individual claims were also settled albeit 42 months after the fact.  Anita Lee filed the report for the Sun Herald:

Former policyholder clients of disgraced attorney Dickie Scruggs have settled their lawsuits against State Farm, including racketeering allegations that the insurance company conspired with vendors to shortchange customers.

Policyholder law firm Provost Umphrey indicated more than 225 cases — 90 percent of those the firm had against State Farm in Mississippi — have been settled, including the racketeering lawsuit with 38 plaintiffs. Terms of the settlements are confidential.

“A combination of factors came together to allow the successful resolution of these claims including, the compensation amount, the exhaustion of the clients with the legal pursuit of their claims, unfavorable legal rulings over the last year and half and a fresh perspective afforded by new counsel,” a typed statement from Provost Umphrey said. Continue reading “More on the Recent RICO Settlement: Anita Lee reports on the more that first met the eye”

Shows files motion for amended RICO complaint – Part 2: Claim of Glenda Shows

This narrative account of State Farm’s handling of Plaintiff Glenda Show’s claim is taken directly from the RICO statement submitted by Provost Umphrey and reported in Part 1 of this series of posts, this narrative tells the story well but represents only one side of the legal argument.

On August 29, 2005, Plaintiff Glenda Shows was a named insured under a State Farm FP-7955 policy, identified as number 24-00-3138-5, covering her residence at 4010 S. Shore Drive, Pascagoula, Mississippi.

Plaintiff’s FP-7955 policy provided coverage limits of (Coverage A) Dwelling $216,700; (Coverage A) Dwelling Extension $21,670; (Coverage B) Personal Property $162,525; and (Coverage C) Loss of Use, Actual Loss Sustained. Plaintiff’s FP-7955 policy provided additional coverage under endorsement OPT ID, with coverage limits of $43,340.00.

On August 29, 2005, Plaintiff’s residence was destroyed by Hurricane Katrina. Plaintiff presented a claim to State Farm under her policy number 24-00-3138-5. According to Forensic’s records, on September 29, 2005, State Farm assigned Plaintiff’s property inspection to Forensic. According to Forensic’s records, on October 7, 2005, Plaintiff’s property was inspected by Manon, an engineer then employed by Forensic. The inspection report dated October 19, 2005, concluded: “the primary and predominant cause of loss of the residence most likely was due to tornado wind action before the storm surge took place.”

Upon information and belief, this initial report prepared by Manon was delivered by U.S. mail to State Farm and Renfroe. Continue reading “Shows files motion for amended RICO complaint – Part 2: Claim of Glenda Shows”

Shows files motion for amended RICO complaint – Part 1 Overview

Anyone doubting that Provost Umphrey had the capacity to keep the Katrina RICO case on track won’t give it a second thought after reading the firm’s Motion to file the second amended complaint and exhibits such as as Exhibit 1, the complaint quoted in this post. With Judge Barbour’s July 2 ruling the case is moving forward.

The stay entered by this Court on April 18, 2008, is hereby vacated. Guy Gladstone Fisher shall contact the Chambers of United States Magistrate Judge Linda R. Anderson within seven days of the date on which this Order is entered and request that a new Case Management Conference be scheduled in this case. Counsel for Plaintiffs shall be prepared to discuss filing an Amended Complaint during the Case Management Conference.

On July 3, Magistrate Judge Linda R. Anderson set the Telephonic Scheduling Conference set for 7/22/2008 at 09:30 AM and a text only order admitting the motions to appear Pro Hac Vice of Thomas Walter Umphrey, Bryan O. Blevins, Gene M. “Zona” Jones, and John Andrew Cowan were granted.

The proposed Amended Complaint for Violation of Racketeer Influence Corrupt Organization Act (“RICO”) and Other Relief, attached hereto generally makes the types of changes Plaintiffs’ former counsel outlined in their Motion to Amend the Complaint [64] which the Court conditionally granted. In particular, it incorporates the new information and clarifications of the allegations and adds State Farm Bank, F.S.B., as an additional defendant. Continue reading “Shows files motion for amended RICO complaint – Part 1 Overview”