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Chuck,

Legal search might work better Xactware, Inc.

Judge Dismisses Hurricane Insurance Lawsuit Against Insurance Companies
12/17/2008
A federal judge dismissed an antitrust lawsuit Louisiana's former attorney general filed against some of the nation's largest insurance companies after hurricanes Katrina and Rita. The suit, filed in 2007 by former Attorney General Charles Foti Jr., accused Allstate Insurance Company, State Farm Fire and Casualty Company and other insurers of conspiring to shortchange policyholders after the hurricanes struck the Gulf Coast in 2005. The companies asked U.S. District Judge Jay Zainey in New Orleans to throw out the case, which Attorney General James 'Buddy' Caldwell inherited from Foti. Zainey said he agreed with insurers that the suit failed to present evidence of a conspiracy among competing companies. Also named as defendants in the suit were Lafayette Insurance Company, USAA Casualty Insurance Company, Farmers Insurance Exchange, Inc., Standard Fire Insurance Co, The, Xactware Solutions, Inc., Marshall & Swift / Boeckh, LLC and McKinsey & Company Inc.

Xactware Inc. Patent Lawsuit Moves Venue to Michigan
Business Wire , Dec 8, 2005
ShareEmailDiggFacebookTwitterGoogleDeliciousStumbleUponNewsvineLinkedInMy YahooTechnoratiRedditPrintRecommend0OREM, Utah -- Xactware Inc. announced that its patent infringement dispute with Symbility Solutions Inc., a Canadian company, will move forward in Michigan. Xactware sued Symbility in a Utah federal court for infringement of Xactware's patented property estimation technology, unfair competition, and copyright infringement. Symbility responded by disputing the Utah court's jurisdiction, filing its own countersuit in Michigan on the same issues. In a recent ruling, the Utah court found that Symbility lacked a sufficient connection to Utah for the dispute to be resolved in that forum. As a result, Xactware's claims against Symbility will be addressed in Michigan, where Xactware will seek a preliminary injunction to bar Symbility from continuing to infringe Xactware's patent rights pending a full trial on the merits.

Automated Benefits Settles U.S. Lawsuit; Symbility and Xactware agree to dismiss all claims and counterclaims.
Canadian Corporate News , August, 2006
ShareEmailDiggFacebookTwitterGoogleDeliciousStumbleUponNewsvineLinkedInMy YahooTechnoratiRedditPrintRecommend0Content provided in partnership with
WATERLOO, ONTARIO, Aug 3, 2006 (CCNMatthews via COMTEX) -- Symbility Solutions Inc. (www.symbilitysolutions.com), a wholly owned subsidiary of Automated Benefits Corp. (TSX VENTURE:AUT), today is pleased to announce the resolution of its lawsuit with Xactware Inc. of Orem, Utah.

The defense attorney's I work with will perfect a search. Good advice. I am aware of the suit Foti filed which was dismissed. Where there is smoke, maybe there is fire, do you think?

Everyone will agree that a search that really is a search, turns over every rock. Who would be more aware of lawsuits filed against Xactimate than adjusters?

Potential Class Action against State Farm and Its Claims Adjusting Software Company
October 9, 2007 | Print this page | Email this page
Judge Stanwood R. Duval, Jr. of the United States district court of Lousisa federal district court sitting in Louisiana recently held that two homeowners could jointly file an amended complaint and proceed with their proposed class action lawsuit against State Farm Fire and Casualty Company and software company Xactware. (Click here to read Judge Duval’s opinion.) The allegations arise out of State Farm’s use of Xactware’s software in valuing its insureds’ claims, which was allegedly designed to lowball the value of Hurricane Katrina-related insurance

This is the largest fraud against insurance buyers in the history of property insurance. Back in the early 60ths the "the water suckers crawled up out of wet floors of the USA with "measurable units" for named operations, like washing ash trays and cleaning coffee pots on a fata base. It was sold to the carriers, adjusters, agents and policyholders as "fair market" It was never sold to me. Some good lawyers will blow this sinking ship out of the water, when it is a good tactical move. BUT now is not the time.

Ray:

Several law firms have tried to class fraud against carriers using Xactimate. However, one of the elements to get a class certified is all class members must have the same or similiar damages. The class always get shot down due to the fact everyones claim is different. This leaves only indiviual cases. These cases are just not worth the cost of pursuing on a case by case basis. These cases all wind up in Federal Court and get shot down. On the otherhand overhead and profit cases are all winners as class actions. (Companies who refuse to add 20% when three trades are involved". You can google these cases.