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

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eceipt of the first, indeterminate report from Rimkus, or whether USAA CIC had a right under Mississippi law to investigate the claim. 8. 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. 9. Whether Rimkus and its employee, James Jordan, were independent contractors as to USAA CIC. 10. Whether USAA CIC is vicariously liable for any alleged bad acts by Rimkus and/or James Jordan. 11. 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. 12. Whether Plaintiffs have sufficient evidence to prove their claim that James Jordan breached engineering ethics or internal Rimkus policies and procedures. 13. Whether USAA CIC possessed a legitimate and arguable reason for its decision regarding the Plaintiffs’ claim. 14. Whether Plaintiffs are entitled to recover any damages for alleged emotional distress. 15. 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. 16. Whether Plaintiffs have sufficient evidence to support a verdict for punitive damages. -24-
17. Whether Plaintiffs are entitled to recovery of attorneys’ fees and expenses and, if so, the amount. 18. Whether Plaintiffs are entitled to recover prejudgment interest if they prevail on their claim for breach of contract. 19. USAA CIC’s constitutional defenses to imposition of punitive damages as set forth in its Answer. 20. Whether Plaintiffs can assert a claim under Mississippi law for alleged violation of Mississippi Insurance Department bulletins. 12. The following is a list and brief description of all exhibits (except exhibits to be used for impeachment purposes only) to be offered in evidence by the parties. A. To be offered by the Plaintiffs: P-1 USAA Homeowners Policy P-2 Pictures of Home and Buildings prior to and after Hurricane Katrina P-3 Architectural Drawings and Plans of House and Boathouse P-4 Times Picayune Newspaper Reproduction, 2007 F2 Tornado Event P-5 Rimkus’ Report of October 24, 2005 by Roverto Chapa P-6 Rimkus’ Report of December 20, 2005 by James W. Jordan P-7 Rimkus’ Report of March 23, 2006 by James W. Jordan P-8 Rimkus’ Report of September 22, 2006 by James Jordan P-9 Rimkus’ Report of March 23, 2007 by James Jordan P-10 Expert Report of John Ruble P-11 Expert Report of John Holliday -25-
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 and 20: Plaintiffs suffered damage. o. Whet
Page 21 and 22: to USAA CIC. l. Whether USAA CIC is
Page 23: Rimkus and Jordan also adopt by ref
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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