Here's a copy of the Aiken pretrial order. - Insurance Coverage Blog

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31. James W. Jordan, P.E., S.E., at all pertinent times was licensed as a professional engineer in the State of Mississippi. 32. James W. Jordan, P.E., S.E., prepared a Supplemental Report of Findings dated March 23, 2006. 33. Rimkus issued to USAA Insurance Company a Supplemental Report of Findings dated March 23, 2006, as to Plaintiffs’ property. 34. Rimkus did not send the March 23, 2006, Report of Findings to Plaintiffs. 35. Rimkus is not engaged in the business of insurance business as described in Mississippi Code Ann. § 83-5-5. 36. Roverto Chapa spoke with Dr. Aiken. 37. The Aikens did not hire Rimkus, nor pay Rimkus any amount of money. 38. The Aikens did not have a contract for services with Rimkus Consulting Group, Inc., James Jordan or Roverto Chapa. 39. The Aikens were not present at the residence during Hurricane Katrina and did not witness the destruction of the home and surrounding buildings. 40. The Aikens have not identified any individual who saw their home destroyed or that witnessed a tornado in the area of their home. 41. The National Weather Service did not issue an official record of a tornado occurring over the Aiken property. 10. The contested issues of fact are as follows: By Plaintiffs: a. Whether and, if so, the amount of actual and punitive damages Plaintiffs are -14-
entitled to recover? b. Whether the damage was caused by flood or any excluded water? c. Whether the Aikens were and are entitled to receive the full amount of their claim? d. Whether USAA Casualty Insurance Company’s denial of the Aikens’ claim was clearly contrary to the insurance policy and/or Mississippi law? e. Whether the Aikens are entitled to recover, in addition to the full amount of their claim, their attorney’s fees and punitive damages? f. USAA Casualty Insurance Company denied part of the Aikens’ claim because USAA said it had determined the damage was caused by storm surge, which was excluded? g. Did USAA and Rimkus conspire to create “an arguable reasonable basis” upon which to deny the claim? h. Did USAA and Rimkus conspire to defraud Dr. and Mrs. Aiken of coverage? i. Did USAA and Rimkus conspire to wrongfully deny the Aiken claim? j. Did USAA wrongfully assume control of the engineering function by rejecting the first report of December 20, 2005 and demanding a corrected report of March 23, 2006? k. Can USAA delegate to Rimkus its duty to adjust the claim in good faith? l. Did Rimkus become USAA’s agent in gathering essential information necessary for USAA to discharge it’s “good faith” duty to adjust? m. Did USAA ratify the acts of Rimkus in rejecting the December 20, 2005 report -15-
Page 1 and 2: IN THE UNITED STATES DISTRICT COURT
Page 3 and 4: 7. The following motions remain pen
Page 5 and 6: 1. Compensatory damages; 2. Punitiv
Page 7 and 8: NOAA; a compilation of data accesse
Page 9 and 10: meteorological evidence and determi
Page 11 and 12: which was in effect the date of Hur
Page 13: of Hurricane Katrina. The policy pr
Page 17 and 18: a. Whether a tornado occurred at Pl
Page 19 and 20: Plaintiffs suffered damage. o. Whet
Page 21 and 22: to USAA CIC. l. Whether USAA CIC is
Page 23 and 24: Rimkus and Jordan also adopt by ref
Page 25 and 26: 17. Whether Plaintiffs are entitled
Page 27 and 28: P-29 Plaintiff Expert Report of Nan
Page 29 and 30: Plaintiff reserves the right to int
Page 31 and 32: P-43 failure to identify exhibit wi
Page 33 and 34: P-12: Hearsay as to contract liabil
Page 35 and 36: P-50: Relevance P-51: Relevance P-5
Page 37 and 38: DU-46 proper predicate, hearsay & n
Page 39 and 40: DU-71.01-.07 proper predicate, hear
Page 41 and 42: Exhibit No. DU-2 DU-3 DU-5 DU-6 DU-
Page 43 and 44: DU-51.01-.02 proper predicate, hear
Page 45 and 46: DU-78 DU-79.01-79.03 proper predica
Page 47 and 48: Marilyn Aiken X Fact/Liability Dama
Page 49 and 50: Russ Smith (may call live if presen
Page 51 and 52: Paul Colman X Fact Rimkus Consultin
Page 53 and 54: Roverto Chapa (if not called live b
Page 55 and 56: Andrew Snyder X Fact, Expert Liabil
Page 57: corrections or additions prior to s

Here's a copy of the Aiken pretrial order. - Insurance Coverage Blog

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