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State Farm seeks to bar judge
Insurance |
2007/02/23 11:12
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State Farm is asking a federal judge to not be one to certify a class action lawsuit filed against the insurer over Hurricane Katrina damages. State Farm Insurance filed papers on Thursday to have US District Court Judge L.T. Senter, Jr. recused from certifying a class action lawsuit against the company over Hurricane Katrina damages.
The insurer questioned Senter's impartiality as fellow judge John Roper and Terri Brown, a federal court clerk, could be plaintiffs in the class action suit. Senter has already disqualified himself from hearing individual lawsuits involving the two co-workers. Senter, who has not yet ruled on the insurer's recusal motion, is scheduled to hear arguments concerning the State Farm class action bid on Wednesday. In January, a Mississippi jury held State Farm liable for $2.5 million dollars in punitive damages for rejecting a Katrina claim that State Farm said was due to wind before the storm rather than the hurricane itself. In the same month, State Farm agreed to settle with hundreds of Mississipi homeowners, but Senter rejected the proposed settlement. |
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State Farm agrees to settle Katrina lawsuits
Insurance |
2007/01/23 11:29
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State Farm insurance company reached a settlement Tuesday with hundreds of Mississippi policyholders whose claims were denied after Hurricane Katrina, bringing an end to s trial that began January 9 in the US District for the Southern District of Mississippi. The agreement between State Farm and Mississippi Attorney General Jim Hood will award $80 million to the more than 600 named homeowners who filed the lawsuit. Hood, who compared negotiations to "a death roll with an alligator for the last two months," said the settlement also provides for an additional $50 million for thousands of other homeowners in Mississippi who did not sue State Farm after their claims were denied. That $50 million figure however, is just a minimum and could easily reach hundreds of millions, depending on the number of applicants. Tuesday's settlement only applies to Mississippi litigants and State Farm as additional lawsuits against the insurance company still are pending in other states affected by the Katrina disaster. The settlement does, however, end Hood's investigation into allegations of fraudulent claim denials by State Farm, including allegations the company pressured its engineers to doctor their reports. In Mississippi, Hood also has also brought action against other insurance companies including Allstate and Nationwide. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website and help you redesign your existing law firm site to secure your place in the internet. |
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