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Insurance Law

Insurance Coverage Law Blog

Recent cases in insurance coverage matters, as well as industry developments and news.
By David Rossmiller

Post Frequency: 1.1/day

Last Entry: July 28, 2010 at 17:16:01

Transcript of State Farm v. Hood hearing

Posted on February 08, 2008
OK, y'all have been waiting to see this, and here it is. Here's a transcript of the February 6 and 7 hearing in State Farm v. Hood -- lots of fine reading here, knock yourself out. I've looked through it at some key places, but at present I don't have time to write a bunch about this...

Scruggs nation, February 8

Posted on February 08, 2008
I am glad John O'Brien of Legal Newsline did this story on the Wilson-Scruggs fee dispute case, the one in Hinds County where Joey Langston pleaded guilty to attempting to bribe the judge, Bobby DeLaughter, with consideration for a spot on the federal bench...

Case over in State Farm v. Hood

Posted on February 07, 2008
This just in. The judge has ruled that the January 2007 agreement between Hood and State Farm is not tied to other contingencies like the disapproved class action settlement, is enforceable and is unambiguous. The parties have reached a settlement which is confidential...

Third update: State Farm v. Hood

Posted on February 07, 2008
Holy Cow, do I wish I could have been in the courtroom to hear the exchange between State Farm attorney Jim Robie and AG Jim Hood, which I was hearing about for a couple hours tonight by rumor but finally have confirmed as true. At first, I did not quite believe the reports I was receiving, because it suggested a colossal drubbing of Hood on the witness stand beyond what even I would have expected...

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Second Update on State Farm v. Hood hearing: Hood speaks

Posted on February 07, 2008
Here's the latest (I've had this information for a while but just got a few minutes to blog) on the hearing: Hood was on the stand this afternoon for over three hours. A common theme throughout the testimony was I don't know, you'll have to ask Courtney Schloemer, she was running the investigation...

Update on State Farm v. Hood hearing

Posted on February 06, 2008
These are the latest developments from the State Farm v. Hood hearing, on whether State Farm's injunction against Hood's criminal investigation should continue, as of 11:30 a.m. Pacific Time, 1:30 p.m. Central Time. Testimony this morning touched on: the scope of Hood's investigative subpoenas and post-agreement subpoenas; the Rigsby sisters' subsequent data dump in July and whether they could be considered agents of the Attorney General; issues relating to National Flood Insurance Katrina claims by homeowners; the famed "confidential informant" letter from Hood to Alice Martin, U...

State Farm v. Hood hearing today

Posted on February 06, 2008
What a show it's going to be today. We've got Jim Hood, Courtney Schloemer, Kerri Rigsby, and the transcript of the deposition of Dickie Scruggs all showing up today for the big hearing to decide if State Farm's injunction against Hood's criminal investigation will continue...

Langston story

Posted on February 06, 2008
You know, I'm glad I read this long story in the Daily Journal about Joey Langston. I learned a few things I didn't know. However, one goal of the story was to make the reader see the human side of Joey Langston, and to tell the truth, the story just kind of made me more ticked off at him -- here's a guy on top of the world, holding himself out as the state's top trial lawyer or some such, and he has to resort to a conspiracy to bribe a judge...

State Farm v. Hood update: the day before the big hearing

Posted on February 05, 2008
Some things I wanted to update you on in State Farm v. Hood. Remember what this case is -- State Farm sued Hood back in November in his capacity as Attorney General, seeking to enjoin his renewed criminal investigation into the insurer's claims adjusting activity...

What's the name for Hood posts?

Posted on February 05, 2008
Yes, I know, about now everyone is expecting another edition of Scruggs Nation, where folks gather round the indictment water cooler and drink deeply of the latest scruggsational news and analysis.And that will come with the next post, but first, there is unfinished business regarding Jim Hood...

Podcast of Maniloff's Top Ten insurance coverage cases of 2007

Posted on February 05, 2008
Late last year, I linked to Randy Maniloff's 2007 Top Ten coverage cases -- I wrote about it in a post here, and I'll say it again: how many people out there are producing sophisticated legal analysis where they can make you laugh at the same time? Not many, unless they've been keeping themselves well-hidden...

Judge scolds Scruggs over attempts to avoid State Farm deposition: I am shocked, SHOCKED, I tell you

Posted on February 04, 2008
Dickie Scruggs being accused by a judge of engaging in tactical delays in litigation? Come on, judge, don't you know who you are talking about here? This is one of the most noted litigation entrepreneurs in all the land! Why, accusing him of tactical delays is like alleging that he would violate a judicial order to return documents by playing a game of keep-away with Jim Hood, or of making arrangements to pay material witnesses $150,000 a year for no-show jobs, witnesses who were supposed to be the keys to a federal grand jury, a state grand jury, a "whistleblower" lawsuit alleging massive insurer fraud and numerous Katrina bad faith cases...

GAO report on insurance adjusting of Katrina claims: an inherent conflict of interest?

Posted on February 04, 2008
This GAO report on insurers' adjusting of Katrina claims, which Congress ordered way back when in response to allegations insurers committed massive fraud, is one of the things I wanted to get to in my post from last Friday but didn't have time to...

U.S. Attorney declines to intervene in Rigsby 'whistleblower' lawsuit (at this time)

Posted on February 01, 2008
How long has it been since Katrina came ashore? More than two years and five months. You would think that would be enough time for the government to make up its mind whether it has reason to believe the allegations of the Ex rel. Rigsby False Claims Act lawsuit, or whether it has reason to believe the allegations are pure bunk...

Scruggs Nation, Hood Nation: January 31

Posted on January 31, 2008
I like catch phrases like "Scruggs Nation" and so forth -- like any brand name, it signals the consumer what is coming without a lot of extraneous verbiage. I've been less successful in thinking of a brand for posts featuring Jim Hood -- he's more of a localized phenomenon than Scruggs, and unlike Scruggs, I have yet to receive conclusive evidence that the "nation" cares about Hood...

Scruggs Nation, January 30

Posted on January 30, 2008
This document, a transcript of the August 18, 2006 hearing before Judge DeLaughter in the Wilson v. Scruggs case, is what I've been reading the last few days, when I can grab a few minutes here and there. I'm in a stretch where blogging time is limited, and I will have more to say about this case and this transcript later, but as the audience for this blog includes a lot of really sharp people who like to read and interpret documents for themselves, I want to put this out in the public domain...

Blogging schedule January 30

Posted on January 30, 2008
I'm going to be posting later today, some matters at work kept me busy last night and early this morning and time for blogging was scarce. I've been getting lots of suggestions for posts, some Scruggs related, some Katrina related, some just generally insurance related...

Jury awards homeowners $64,000 in Aiken v. USAA, bad faith issue not sent to jury, engineering firm was previously dismissed

Posted on January 29, 2008
It is a major story in Katrina litigation when an insurer goes to trial and doesn't get shredded by the jury. By those standards -- by any standards, actually -- the $64,000 verdict against USAA yesterday in the Aiken case in federal court in Mississippi was a good result for the insurer and a less than satisfactory ending for the policyholders...

Scruggs Nation, January 28

Posted on January 28, 2008
Just some brief items today. I've got some good Scruggs-related documents, but I'll see if I can get them posted tomorrow. Monday morning is a wicked time to post, and Monday in January in Portland is even worse. T.S. Eliot said April is the cruellest month, but I'll put my money on January every single time...

Injunction against Hood extended through date of hearing, State Farm notices deposition of Scruggs in Hood injunction case

Posted on January 25, 2008
How bad is it, just how embarrassing is it, for a state Attorney General to get tagged with an injunction by the company he spent months demonizing and investigating? Probably about as bad as: Having to sit silently in your office for months, and on the few occasions when you do speak, having to pretend to get all excited about going after makers of fake contact lenses and foreign toys...

Katrina and Scruggs developments, January 24

Posted on January 24, 2008
A few things to catch up on that happened while I was out sick, a few new things.-- First, AG Jim Hood on Friday moved to dissolve the temporary restraining order State Farm obtained against him last year that prohibits him from continuing with his criminal investigation of the insurer...

Regular blogging may resume Thursday

Posted on January 22, 2008
I still don't feel well enough to put in the after-hours, extra energy required to blog at a high level of quality. Perhaps by Thursday that will change.

Blogging schedule

Posted on January 21, 2008
As today is a holiday and I'm still ill, I won't be posting today unless some startling development happens. Also, and I know this will be disappointing to many, I will be returning to writing about insurance. Not exclusively, you understand, I'll still write the Scruggs Nation, but I won't be devoting all my blogging time to the Scruggs Nation any longer...

Scruggs Nation, Day 54

Posted on January 20, 2008
An excellent story in the New York Times this morning by Nelson Schwartz on P.L. Blake's connections with Dickie Scruggs and how many people who've been targeted by Scruggs over the years are now lining up to whack him like he's pinata. Click here for a copy of the story (free registration required to read it)...

Scruggs Nation, Day 52

Posted on January 18, 2008
I'm a bit under the weather today so just a quick post for now.The Daily Journal has the transcript of Joey Langston's guilty plea, which contains this passage:At about that time, Langston, working with Balducci andSteven A . Patterson, contacted and retained the services of EdPeters, a close personal friend of Judge DeLaughter...

Scruggs Nation, Day 51: Counterattack of the Keker Brigade -- Dickie Scruggs was framed

Posted on January 17, 2008
Good day once again to the Scruggs Nation. A confluence of known and unknown deadlines and responsibilities of varying sorts -- unusually heavy even for my schedule -- robbed me of almost all blogging time yesterday and the night before, and Scruggs Nation posts take considerable prep time and effort...

Scruggs Nation, Day 50

Posted on January 16, 2008
SECOND UPDATE: Here's a copy of last Friday's sealed motion, now unsealed, in which some of the defense strategy is laid out. UPDATE: Dickie Scruggs' lawyer says he was framed. Here's a story about it from Anita Lee of the Sun Herald, and here's an excerpt:Attorney John Keker said during a procedural hearing that FBI investigators offered "very misleading" evdience so a judge would agree to continue wiretaps into its investigation of his client...

Florida insurance wars continue, Allstate suspended from writing new auto policies in state

Posted on January 16, 2008
Before I get to the news, a couple things. I've had requests to put the "insurance" back in Insurance Coverage Law Blog, and these are fair points. I have now finished my latest lengthy analysis for New Appleman on Insurance: Current Critical Issues in Insurance Law, so this frees up a little time for more posts on insurance...

Scruggs Nation, Day 49

Posted on January 15, 2008
Is a picture worth a thousand words? Here's a photo that a Mississippi friend of Insurance Coverage Law Blog took of the Scruggs Law Firm in Oxford yesterday morning, dead potted plants and all. (Used by permission. Copyright is held by the photographer, who is known to me, but who wishes to remain anonymous to y'all at this time)...

Scruggs Nation, Day 48: center for news updates

Posted on January 14, 2008
I'll keep this post on top throughout the day and update it with news as I hear of it and have time to post it.-- Joey Langston turned himself in at the U.S. Attorney's Office this morning, says this breaking story by Patsy Brumfield and Errol Castens in the Daily Journal...

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