Stunner: McIntosh tells court State Farm did the right thing.
After the demise of SKG, the McIntoshes have been represented by the Merlin Group, a Florida plaintiffs lawyers firm who can hardly be said to be in the tank for State Farm. They have just filed a motion that states that there was no evidence of misconduct by State Farm. Here’s the heart of it:
2. After engaging in extensive discovery, the Plaintiffs have determined the following:
(a) the McIntosh dwelling was damaged as a result of Hurricane Katrina;
(b) the majority of the damage to the McIntosh dwelling was caused by flooding;
(c) the McIntosh dwelling sustained flood damage of at least $250,000 to the structure and $100,000 to its contents;
(d) State Farm promptly and properly paid Plaintiffs the full policy limits of their flood insurance policy; and
(e) State Farm promptly tendered payment to Plaintiffs for wind damage covered under their homeowners insurance policy prior to the time that the dwelling was inspected by an engineer.
3. In light of these facts, Plaintiffs have concluded that: (i) State Farm had a reasonable basis for taking the position it did regarding coverage under Plaintiffs’ homeowners policy; (ii) there is no credible evidence that State Farm engaged in bad faith with respect to the adjustment of plaintiff’ claims under their homeowners’ policy; (iii) there is no credible evidence of any other conduct which can arguable give rise to punitive damages.
FOLO
9/8/8
