Last week I wrote a post: That Check from Your Insurer Might Just be the Insurance Company’s First Offer. I was unnerved at the language I heard at the Roundtable meeting about the insurance company’s sending over “first offers” and not hearing any rebuttal from their insured regarding the Matthew claims. I am most upset because the policy of insurance doesn’t say ‘after a loss we will pay you our first offer and let you negotiate with us.’ But that is what happens all too often.
Continue Reading Will You Take a Partial Insurance Payment and Give Up?

Steve Badger and Chip Merlin

The Windstorm Insurance Conference in Orlando will feature a debate re-match between yours truly representing the policyholder view and Steve Badger who represents insurance companies. Many of my policyholder friends often ask how I can have such a good professional relationship with Badger whom they view as somebody akin to Darth Vader. I am certain some insurance claims executives wonder why Steve would hang out or discuss the current issues addressing insurance claims with somebody their world may view as on the insurance industry’s most wanted to destroy list.
Continue Reading Merlin vs Badger II – Gonna Be the Baddest Show in Orlando

The First Party Claims Conference (FPCC) will be hosting its annual meeting in Warwick, Rhode Island from October 19-21, 2015. 

For those who are unfamiliar, “FPCC is a nationally recognized provider of education specifically designed for adjusters, public adjusters, attorneys and others in the first party property insurance claims community.”   They are also closely associated with the National Association of Public Insurance Adjusters (“NAPIA”). 

Continue Reading Save the Date: First Party Claims Conference October 19-21, 2015 in Warwick, RI

Austin, Texas Federal Judge Sam Sparks recently issued a novel Order in response to a fairly routine discovery dispute:

Greetings and Salutations!

You are invited to a kindergarten party on THURSDAY, SEPTEMBER 1,2011, at 10:00 a.m. in Courtroom 2 of the United States Courthouse, 200 W. Eighth Street, Austin, Texas.

The party will feature many exciting and informative lessons, including:

  • How to telephone and communicate with a lawyer

  • How to enter into reasonable agreements about deposition dates

  • How to limit depositions to reasonable subject matter

  • Why it is neither cute nor clever to attempt to quash a subpoena for technical failures of service when notice is reasonably given; and

  • An advanced seminar on not wasting the time of a busy federal judge and his staff because you are unable to practice law at the level of a first year law student.

Invitation to this exclusive event is not RSVP. Please remember to bring a sack lunch! The United States Marshals have beds available if necessary, so you may wish to bring a toothbrush in case the party runs late.


IT IS ORDERED that defense counsel Jonathan L. Woods, and movants’ attorney Travis Barton, shall appear in Courtroom 2 of the United States Courthouse, 200 W. Eighth Street, Austin, Texas, on THURSDAY, SEPTEMBER 1, 2011, at 10:00 a.m., for a memorable and exciting event

Continue Reading Federal Judge Hosts Kindergarten Party for Attorneys in Discovery Dispute

The Preservation Hall Jazz Band, Lenny Kravitz, Mos Def, Trombone Shorty, and Tim Robbins recorded a version of The New Orleans Mardi Gras classic, It Ain’t My Fault, by Joseph Smokey Johnson and Wardell Joseph Quezergue, updating some of the lyrics for the Gulf Aid concert:

Continue Reading A Thoroughly Enjoyable and Inexpensive Way to Help Those Injured By the Oil Spill

The hosting site for this blog is experiencing problems caused by a massive amount of comment spam generated by ‘spambots’ automatically posting random junk comments to their network.

The hosting site has temporarily disabled comments on the blog while fixing the issue. They have also had to temporarily disable the email notifications that are sent out

I appreciate the kind comments and suggestions many readers express regarding the educational nature of this Blog. Our new law firm website also has many reference materials and some funny news videos of yours truly trying to comment on a variety of legal issues.

If you have any comments or suggestions regarding our new website