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

More documents

Recommendations

Info

(dollar amount) of that damage. c. Whether any of the contents of Plaintiffs’ house (other than those already paid for by USAA CIC) sustained damage covered by the homeowner’s policy, the type and extent (dollar amount) of such damage. d. If any of the contents of Plaintiffs’ house (other than those already paid for by USAA CIC) were damaged by wind or whether all such contents were damaged (or finally damaged/destroyed) by storm surge/flooding. e. Whether Plaintiffs can recover under the contents replacement cost provision of their policy when they have not repaired, replaced, or restored the contents of the house. f. Whether USAA CIC properly assessed that the remainder of the damage to Plaintiffs’ dwelling, appurtenant structures, and contents (damage other than that for which USAA CIC paid) was caused by storm surge/flooding. g. Whether a tornado occurred at the site of Plaintiffs’ house. h. Whether plaintiffs can recover insurance benefits under their policy’s HO-125 endorsement when they have not replaced the house. i. The effect of the Fifth Circuit’s decisions in Leonard v. Nationwide and Tuepker v. State Farm regarding anti-concurrent clauses on the plaintiffs’ claims and, particularly, their contents claim. j. Whether plaintiffs are entitled to recovery of any further additional living expenses other than those already paid by USAA CIC and, if so, the amount. k. Whether Rimkus and its employee, James Jordan, were independent contractors as -20-
to USAA CIC. l. Whether USAA CIC is vicariously liable for any alleged bad acts by Rimkus and/or James Jordan. m. Whether Plaintiffs have sufficient evidence to prove their claim that USAA CIC conspired with RImkus and James Jordan to contrive engineering reports, fraudulently or otherwise. n. Whether Plaintiffs have sufficient evidence to prove their claim that James Jordan breached engineering ethics or internal Rimkus policies and procedures. o. Whether USAA CIC possessed a legitimate and arguable reason for its decisions regarding the Plaintiffs’ claims. p. Whether Plaintiffs have sufficient, clear and convincing, evidence to prove that USAA CIC was grossly negligent or acted with malice or actual fraud in handling Plaintiffs’ claim and making payment decisions on the claim. q. Whether Plaintiffs are entitled to recover any damages for alleged emotional distress. r. Whether Plaintiffs have sufficient evidence to support a verdict for punitive damages. s. Whether Plaintiffs are entitled to recovery of attorneys’ fees and expenses (mixed question of fact and law) and, if so, the amount. t. Whether Plaintiffs are entitled to recover prejudgment interest if they prevail on their claim for breach of contract. u. What was the pre-Katrina value of Plaintiffs’ house? -21-
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 and 14: of Hurricane Katrina. The policy pr
Page 15 and 16: entitled to recover? b. Whether the
Page 17 and 18: a. Whether a tornado occurred at Pl
Page 19: Plaintiffs suffered damage. o. Whet
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

Create successful ePaper yourself

Delete template?

Save as template?