Wednesday, August 25, 2010

Game-Playing By Farmer's Insurance


Latest Bombshell!

"Well, here’s the bombshell: [Gorfang 1.3.6] players will have the capability to play as both Order and Destruction on the same server. Warhammer has a lot to offer between Order and Destruction and we want to give you the opportunity to experience all of WAR with a single account while still maintaining ties to the community of your home server. We’re aware of the possible downsides (such as cross-realming [Oh, horror! see picture above!]) and we’re aware that people have a lot of realm pride, which we believe is very important."

I guess trial lawyers run all of Farmer's Insurance departments because another lateral pass has been made, this time in their Adjusting Department.

  • Ravaged Red's and Mellow Yellow's homeowner's claim has been reassigned to a new adjuster (probably just the next desk over in some Farmer's Podunk Agency office.)
  • The chap, who has a cell number originating in Merced, California, of course knew nothing about the claim even though he placed a call to my attorney. (...or, maybe he does know but is doing a damn good job of playing dumb.)
  • He kept tap dancing to that tired old tune, "Reservation of Rights," also known as, "Cross-Realming Ass-Covering For Insurance Companies." (If you think politics is crooked, try finding out the rules by which legalized gambling (ie., insurance companies) play!)
  • Actually, he was difficult to understand because he used his cell phone speakerphone. (He never declared if anyone else was listening.)
  • The gist, however, was his constant repetition that his employer has a "duty to defend" a policyholder where damages are being litigated. (That is bullshit because the insurance company can and will deny such damages claim when the issued homeowner's policy in question clearly excludes business uses and illegal activities on the property.)
  • There is absolutely NO good, profitable reason for Farmer's Insurance to continue paying defense counsel fees. (The only reasons for persisting are all unprofitable and most likely based on supposed friendships. Is this any way to run a business? Are you Farmer's shareholders taking note?)
Why a "new" adjuster is calling us (or, my attorney) this late in the lawsuit is a puzzle for now but, like every other idiotic maneuver by the Barefoot Dirty Girls, it will come out in the wash.

Whatever other motive, this is game-playing, wherein the "new guy" is allowed more time to "come up to speed" before again conferring with the Legal Dept regarding the "possibilities" of changes regarding footing the bill for defending this policyholder under the terms of the issued policy. Farmer's Insurance has already squandered had fifteen months trying to figure out the particulars of this simple case - and now they want more time? As a company, either they are very stupid and wasteful and not very good at their job, or they are cunningly, schemingly clever - as any gaming enterprise has to be in order to avoid being detected while ripping people off.

Farmer's is afraid I am trying to take them for a money ride, while the reality is that their policyholder, Lynda Allen, is the one defrauding them, just as she has lied to and manipulated, intimidated, used and abused, and defrauded everyone she has ever encountered. She is very good with the very few well-practiced techniques she uses to tell her deceptively simple lie.

From Greyhound Corp. v. Superior Court (1961), 56 Cal. 2d 355
(This 1961 California Supreme Court case rehearses the 1957 Discovery Act, which Act was rewritten in 1987.)

The new system, as was the federal system (Moore's Federal Practice, vol. 4, pp. 1014-1016), was intended to accomplish the following results: (1) to give greater assistance to the parties in ascertaining the truth and in checking and preventing perjury; (2) to provide an effective means of detecting and exposing false, fraudulent and sham claims and defenses; (3) to make available, in a simple, convenient and inexpensive way, facts which otherwise could not be proved except with great difficulty; (4) to educate the parties in advance of trial as to the real value of their claims and defenses, thereby encouraging settlements; (5) to expedite litigation; (6) to safeguard against surprise; (7) to prevent delay; (8) to simplify and narrow the issues; and, (9) to expedite and facilitate both preparation and trial.[4]

[15] Certainly, it can be said, that the Legislature intended to take the "game" element out of trial preparation while yet retaining the adversary nature of the trial itself. One of the principal purposes of discovery was to do away "with the sporting theory of litigation — namely, surprise at the trial." (Chronicle Pub. Co. v. Superior Court, supra, 54 Cal.2d 548, 561. See also page 572 of the same opinion wherein we adopted from United States v. Proctor & Gamble Co., 356 U.S. 677 [78 S.Ct. 983, 2 L.Ed.2d 1077], the phrase that discovery tends to "make a trial less a game of blindman's buff and more a fair contest with the basic issues and facts disclosed to the fullest practicable extent.")

Who needs Warhammer's Gorfang realms of Order v. Destruction when DestroLive! herself lives next door and is aided by the delay tactics deployed by game-playing Farmer's attorneys?


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