In Brown v. Kelton,  2011 Ark. 93 (Mar. 3, 2011),  the Supreme Court of Arkansas affirmed an order disqualifying a staff attorney employed by Farmers Insurance Exchange (“FIE”) from representing two defendants who were insured by an insurance company that was reinsured by FIE. The two defendants were sued following an automobile accident.   The defense attorney representing the defendants filed a motion for substitution of counsel, seeking to substitute in Stephen Brown, an attorney employed by FIE. Both defendants consented to the substitution.   The claimant’s counsel filed a motion to disqualify Brown. The circuit court found that Brown’s representation of the two defendants would have constituted the unauthorized practice of law by FIE pursuant to Ark. Code Ann. § 16

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Great plains states have been hit hard with snow and many holiday travel plans are changing.  This information comes from The Associated Press article, Deadly snowstorm halts travel across Great Plains, by Jeri Clausing and Roxana Hegeman.  A terrible car crash in Colorado killed two people and injured nine more because of the icy road conditions.  Road crews have been out in full effect, but areas of New Mexico, Texas, and Oklahoma have not been able to catch up with the heavy snow fall.  Many drivers have been forced to detour and stay put where they dont necessarily want to be.  Insurers like Encompass auto insurance are glad to have drivers off the roads in these snowy conditions and away from the danger of car accidents or breakdowns.

Northern New Mexico is no stranger to closed roads during snowy weather because it tends to happen every winter.  Hotels are at full capacity in the town of Clayton, which is near the borders of New Mexico, Texas, and Oklahoma.  Travelers heading to Colorado for skiing are not happy about being stranded, but they are lucky to be safe.  Travel on the roads throughout the Great Plains was difficult and Clayton police reported multiple drivers stranded on the roadways.  Its always wise to have an emergency kit in your car; top car insurance companies may provide them or give you a checklist of items to have in case you are stranded or your car breaks down.  While drivers, insurers and others may be inconvenienced by all of this snow, farmers are grateful for the moisture.

In Desrosiers v. Hudson Specialty Ins. Co., 2011 U.S. App. LEXIS 12591 (9th Cir. Or.

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In Schorno v. State Farm Fire and Casualty Company, 2011 U.S. App. LEXIS 16211 (9th Cir August 3, 2011), the Ninth Circuit Court of Appeals in an unpublished opinion affirmed a ruling of the U.S. District Court for the Western District of Washington granting State Farm Fire & Casualty Co.’s motion for summary judgment that it had no duty to defend its insured, Schorno, against claims of sexual abuse.

The plaintiffs in the underlying case alleged that Schorno engaged in a pattern of intentional, non-accidental conduct, including sexual abuse of a child and intentional infliction of emotional distress, as well as negligent infliction of emotional distress and negligent supervision of a minor.  

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