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Goodnight Irene
From Insurance Coverage Law Blog, 8 month ago, Read 0 times. Similar articles
Chad Hemenway is out with a new piece on PropertyCasualty360.com about Hurricane Irene and whether we will see any wind vs. water or anti-concurrent cause litigation. His verdict: no. The damage is mostly just flood damage.
Of course, that didn't stop cases such In Re Katrina Canal Breaches Litigation from happening several years back when New Orleans flooded due to storm surge. The essence of those consolidated cases was the contention that...
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Memorial Day 2009
From Insurance Coverage Law Blog, 2 year ago, Read 0 times. Similar articles
I first ran the post below for Memorial Day in 2006 as a tribute to my Dad, who served as a soldier during World War II. This is the fourth straight year for this post, and I'll continue to run it every year.
I've thought of his service often, and have read many books about war and military history to try to understand what he did, what he went through, and also who he was. As Dickens pointed out in A Tale of Two Cities, the human heart is a mystery even to those closest to us, and there...
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Blogging schedule
From Insurance Coverage Law Blog, 2 year ago, Read 0 times. Similar articles
I'm speaking today and tomorrow at the PLRB conference in Seattle, so blogging will be limited for the next couple days. What am I talking about' Anti-concurrent cause, what else' If I can sneak in a post before Thursday, I will.
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Rigsby update: forgotten but not gone
From Insurance Coverage Law Blog, 2 year ago, Read 0 times. Similar articles
For those who remember the heady Katrina litigation days of the Ride of the Rigsbys -- appearing on ABC's 20/20, acclaimed as alleged whistleblowers -- these times are very different for the sisters. They've slipped in the celebrity rankings to a most unenviable category: forgotten but not gone. The inevitable next stage' Jointly occupying a corner box in the New, New Hollywood Squares, I suppose, hosted by John McEnroe or some such.
Contestant: I'll take the Rigsby Sisters for the...
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Insurance Person of the Year
From Insurance Coverage Law Blog, 2 year ago, Read 0 times. Similar articles
Nothing like giving the readers a lot of advance notice before an ultra-high stakes award like this is finalized, right' I'm a bit tardy on this, but hey, it's not like I'm on the advisory board of the Insurance Law Center and might have been expected to post on this more than a day before the contest ends . . . oh yeah, I am.
Well, in any event, here is a link to the ILC's Insurance Person of the Year voting, with four big categories: policyholder lawyers, regulators, judges and insurer-side...
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Kodrin Katrina case: Fifth Circuit vacates punitive damage award against State Farm, upholds verdict of wind damage
From Insurance Coverage Law Blog, 2 year ago, Read 1 times. Similar articles
Kodrin v. State Farm is one of the Katrina cases, which I wrote about previously here and here. It was different from many Katrina cases in that, at least as far as what was presented to the jury, there was nothing to sort out about wind vs. water and what damage had been caused by each. So this is not one of the cases where anti-concurrent cause language became an issue -- although as I repeatedly talk about, under the facts of Katrina damage, anti-concurrent cause language should never have...
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Scruggs Nation: Zach is back . . . to the halfway house
From Insurance Coverage Law Blog, 2 year ago, Read 0 times. Similar articles
The Scruggs Nation has a fever, and the only prescription is more Scruggs. Well, OK, this news story is not about Dickie Scruggs, it's about Zach Scruggs, not the same, I know, but it will have to do. Seems like whatever happened with his reporting from prison to the halfway house, it's not going to be a big deal.
He was arrested in Oxford, Mississippi, after allegedly reporting late to the halfway house. His lawyers say he was 15 minutes early instead, so there's a discrepancy. According...
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'Partridge' family reunion: California v. Allstate
From Insurance Coverage Law Blog, 2 year ago, Read 0 times. Similar articles
I saw this opinion, California v. Allstate, a couple days ago but other things interfered with blogging about it until now. This is a case about coverage for environmental pollution under the quot;sudden and unexpected quot; language found in old liability policies, and that is an interesting thing in itself, but what chiefly interested me about this case was the extended discussion of the Partridge case, an influential case that, in days gone by, was in part responsible for the creation of...
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Abracadabra: anti-concurrent cause and the search for 'illusory' insurance coverage
From Insurance Coverage Law Blog, 2 year ago, Read 0 times. Similar articles
I was looking through my Bloglines feedreader last night under my folder labeled quot;anti-concurrent cause, quot; and saw this really good post from the Slabbed blog. This is a fascinating discussion not only of Katrina damage, but of the theory of illusory insurance coverage. It's old, now, the post, from the nostalgia file, but it is still worth talking about.
Now, as many of you know, in the course of my work I represent both policyholders and insurance companies, so I really don't...
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End days for False Claims Act case alleging massive insurer fraud'
From Insurance Coverage Law Blog, 2 year ago, Read 0 times. Similar articles
You might recall that one of the central talking points by certain people during the heyday of Katrina litigation was this: insurance companies committed massive fraud on policyholders and federal taxpayers by overstating flood damage that would be paid, up to $250,000, by federal flood policies, and understating wind damage that would be paid from the insurers' own pockets.
To me this point was like one of those tiny cars in the circus where, paradoxically, a large number of clowns keep coming...
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Scruggs Nation: Zach was 'halfway' home
From Insurance Coverage Law Blog, 2 year ago, Read 0 times. Similar articles
You might have seen how Zach Scruggs, whom this AP story describes as quot;the son of the once legendary civil lawsuit attorney quot; Dickie Scruggs, was released from prison early to go to a halfway house to prepare quot;for a successful return to society. quot; Whoops! Mission Unaccomplished. That successful return to society might have to wait a while.
I might have edited the description in the first story to say quot;the disgraced son of the legendarily disgraced Dickie Scruggs, quot;...
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