Following the adverse verdict in Broussard v. State Farm, the insurer has settled another case that was set to begin Monday, January 22, Tejedor v. State Farm. The terms have not been disclosed.
The Tejedor case had significant differences from Broussard. Although the Tejedor home was reduced to a slab, like the Broussard home, making it difficult to prove a precise allocation of damage between covered wind and uncovered flood or tidal surge, Tejedor’s position on wind damage was undermined by the fact he had accepted $200,000 from a flood policy that he prudently took out. One has to ask, why did he get a flood payment if the house was destroyed by wind? He also apparently had been paid some $13,000 in damages by State Farm for covered wind, unlike the Broussard case, where State Farm had paid nothing. Still, State Farm was unsuccessful in its motion to eliminate a punitive damage claim, and potentially stood at considerable risk in this trial as well.
Since I had already prepared pdfs of some key documents from the court docket in this case, there is no sense wasting them. Some diehards, I’m sure, who don’t have access to the federal PACER system, or who don’t want to pay for opening the documents, will want to check them out. The pdfs are listed below.
Order denying State Farm’s attempt to exclude testimony by Tejedor’s expert, James T. "Tim" Slider.
Order granting in part and denying in part State Farm’s motion in limine to exclude expert opinion on how to interpret the insurance policy, and evidence of Mississippi Department of Insurance bulletins.
Tejedor’s brief in response to State Farm’s summary judgment motion.
Judge Senter’s summary judgment ruling.
January 19 Order denying State Farm’s request to postpone the trial.