Insufficient response from Insurer regarding smoke, ash and char damage #ThomasFire #Insurance #StateFarm

This is just a short synopsis on what I have learned from personal experience during the Thomas Fire in Ventura, CA. My residence insurer is State Farm. All the following facts are documented and true. There is little to do when an insurance company refuses to negotiate reasonable requests the owner provides along with  estimates from commercial restoration companies. Blogging about it seems quixotic.

  • Our residence experienced smoke damage. The fire came within 35 feet of the east facing of the structure; winds were in excess of 70mph; adjacent houses were totally destroyed.
  • One window in our residence was dislodged and numerous other windows allowed smoke, ash and char to invade the entire structure.
  • State Farm’s adjuster performed a site inspection. No particulate testing was done. The adjuster “eyeballed” for the presence of contaminants. He allowed certain rooms as being “clear” of damage and the remainder as having “soot.”
  • The State Farm estimate for restoration amounted to $14,000 including costs for food, utilities, and rent of a trailer while we are evacuated. We are starting our 3rd month in a  trailer outside of Ventura.  Our damaged house has 2400 sf.
  • We contacted numerous commercial service companies in order to rectify the damage to the house. These vendors all did their own inspections with written estimates. The total amount of the estimates are over $50K.
  • Due to State Farm’s inadequate response, all dates for these services to be performed have been stalled.
  • State Farm has failed to accept any of these estimates using such terms as “potentially fraudulent” and declaring them “excessive and suspect.” State Farm has also failed to negotiate with any of these licensed contractors.
  • State Farm expected us to return to the home on Jan 4, 2018 regardless of the dispute we previously documented from the outset of this process. Its statement that money originally advanced was sufficient to cover all costs. Our deductible is $5200. The advance was $9,000 given on December 6, 2017. According to the State farm adjuster then in charge,  the net owed us owed  by State Farm to be approximately $230. The following statement was made by the adjuster: “Just give us more estimates if something comes up.”
  • The estimates given have all been ignored.
  • Analytical testing of the interior of the residence was requested by the insured months ago. State Farm hired their own “hygienist” company a few weeks ago. Testing results go directly to State Farm Inc. The results are now overdue.
  • I have filed a Complaint with the Department of Insurance. The document is a composite of a number of updates I have provided the DOI.   Apparently the DOI has no enforcement powers and promises to “intercede” in our behalf during negotiations. Obviously, none of this has happened to date.

 

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Forensics: Taking apart the “science” of matching objects and patterns to innocent defendants

Image result for quack experts

An extensive review of forensic exaggerations brought into criminal courts. Only two US states have statutes allowing appellate review of cases where junk forensic experts run amok. 

(Excerpts)

“The legal concept of newly discovered evidence including a change in science,” says Chris Fabricant of the Innocence Project, who is litigating Genrich’s case, “is in my view a no-brainer. It was presented to a jury as infallible, and today we know it’s not. There is an obligation—an ethical, a legal, and a moral obligation—to go back and correct the record where exaggerated claims may have led to a miscarriage of justice.” When Bert Nieslanik called up the statistician on a hunch that the science was flawed, she was a voice in the wilderness. There was no scientific consensus to support her. Fabricant says that “in a way, she was ahead of her time.”

“Calculating how many people might be incarcerated based on erroneous “matches” is notoriously difficult, but according to the Innocence Project, faulty forensic science is a factor in about half of wrongful convictions. More conservative estimates from the National Registry of Exonerations and from academic studies peg the number at between 24 and 34 percent. Many prosecutors and judges, however, insist there is no problem and that wrongful convictions are vanishingly rare. In 2007, Supreme Court Justice Antonin Scalia cited a prosecutor claiming courts convict with an “error rate of 0.027 percent—or a success rate of 99.973 percent.” The prosecutor had divided the number of known exonerations over a 15-year period (a few hundred) by the total number of felony convictions in that period (15 million). It is wildly unlikely, however, that all wrongful convictions have been discovered. One academic study estimates that in capital cases—which receive far more post-conviction scrutiny than do other cases—one in 25 people set to be executed will have been wrongfully convicted. However you crunch the numbers, they are appallingly high, and could mean that thousands of people are behind bars partly because juries were swayed by unproven ”science.” ”

Full article from The Nation

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“Accelerating forensic science” versus judicial inertia due to “stare decisis”

Image result for slow progress is better than no progress

See the framework for “new” forensic paradigms entering the judicial environment in  every convoluted detail.

Here is an issue-laded Jurimetrics open access paper (18  pages) dealing with the interface of judges’ ‘science’ decision making and changes within forensic science. Simon Cole at UC Irvine uses a familiar case for some of us: William Richards’ bitemark conviction and later exoneration.

Cole in Jurimetrics – Courts Accomodating Scientific Change SSRN-id3046876

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Crime lab scandals advance to over 10,000 cases and increased investigation of multiple labs

Forensics ‘data manipulation’ may have affected 10000 cases

An investigation into alleged data manipulation at a forensics laboratory has identified more than 10,000 cases which may have been affected, the National Police Chiefs’ Council has said. Forensic experts started reviewing cases after concerns came to light during a criminal investigation into allegedly …
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Man’s murder confession spurred by DNA phenotyping mug shot

Image result for parabon forensic genetic phenotyping

This case deserves a closer look. Parabon DNA lab did the testing. The method of developing physical traits from DNA samples is a burgeoning business.

https://www.washingtontimes.com/news/2017/nov/18/ryan-riggs-texas-man-confesses-murder-dna-image/

More discussion on the issues involving these genetic mug shots from the ACLU (American Civil Liberties Union).

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Gunslinger Billy the Kid hangs out with his crew, one who shot him a couple years later.

Photo found of Billy the Kid, lawman Garrett who killed him

American 1880’s outlaw and historical serial killer, Billy the Kid (William Bonney) sat for a tintype with some of his cohorts. Billy (second from left) was soon after shot down by the man on the far right (Pat Garret) who later became a local lawman in New Mexico. Some forensic document skeptics respond in this article.

http://www.santafenewmexican.com/news/local_news/photo-found-of-billy-the-kid-lawman-garrett-who-killed/article_f48e1ac6-3218-5f17-85a5-30cbdafbe0f3.html

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The New Phrenology scam crops up in China and makes inroads in Criminal Justice…..again

Image result for bertillon phrenology

Long determined to be forensically incompetent, some researchers are testing a hundred year old Bertillon Paradigm of criminal visage prediction for law enforcement. He did come up with the first consistent use of photography at crime scenes. Plus he is thought to be a co-discoverer of fingerprint systematics. This “physiognomy of criminality” is nothing more than digital imagery being digitally measured and achieving, in some media, the title of “new science”

Here’s a bit of this Bertillon Redux with accompanying skepticism.

https://www.theatlantic.com/technology/archive/2017/11/face-scans-physiognomy/545372/

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Blood spatter continues: It’s purveyors and assumption spur critics to express weaknesses

 

This is a continuation of our previous blog on blood drops and criminal justice. It is expressly “old school” and experts really heavily on “experiments” both in courtrooms and their ‘spatter” rooms. Calling this science is also present in court testimony. It is nothing of the sort. All the examiners know what results support the aims of their employers and they know what to leave outside the courtroom. That ain’t science, bud.

Taking a close look at “blood spatter” now being called “blood spatter analysis” by its adherents. This article places it in the “bitemark analysis category” of faded glory of forensics.

A “blood examiner” discredited. 

New trial ordered from “misleading” blood expert. 

Peterson decision squeezes Deaver. 

Deaver gets fired.. 

Post conviction appeals focuses on blood guy Deaver. 

 

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“Almost junk forensic science” of blood spatter expertise – Its not as simple as it’s taught in class

Image result for amateur forensic science

Here is a good look at why “forensics” should be considered amateur-hour non-science in many jurisdictions.

Article goes within a conviction that had the same cop being the crime evidence collector, analyst, and lead investigator. Much goes wrong in the Jennings’ case. The trail of pattern matching over blown conclusions is broad and continues to be acceptable everywhere.

“In the Jennings case, not only did the detective, Nash, reopen the case and serve as lead investigator, he also directly participated in testing evidence in the crime lab.

Nash testified that he was with Jason Wycoff, a DNA specialist with the Highway Patrol, when they tested Jennings’ bathrobe for blood.

According to the trial transcript, Nash said as a “general rule,” the lab did not allow investigators to be present during testing.”

http://www.news-leader.com/story/news/local/ozarks/2017/11/02/uncertainties-associated-bloodstain-pattern-analysis-enormous-national-study/709086001/

 

Unassociated with the above story, this article is about how the US Supreme Court has a scatter-shot ability to handle forensic mistakes and misconduct in a cogent manner. Here is the crime lab scandal of the New Millenium possessing historical and unprecedented deceptions. Melendez v. Diaz

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“A pernicious pseudo-forensic science” languishes in a MS courthouse

Image result for incompetence

For the umpteenth time, a court judge slowly ponders a life and death conviction which used junk forensic ‘experts’ now dwindled credibilty to put a person in prison and on death row. The dentist has a string of misadventures and outright fabrications for which he has no remorse.

“It demonstrates that Michael West has been wrong once again,” Fabricant said. “Sherwood Brown represents the 30th known wrongful conviction or indictment attributable to bite mark evidence. It’s an absolutely staggering number for a little-utilized technique.”

http://www.cdispatch.com/news/article.asp?aid=61693#.Wf0ZocKl_c8.twitter

Past looks at Michael West and his ‘pernicisity.’

Here.  Performing as a man above his peers.

Here. The “Sting” operation that brought West $500 and total discredit.

Here. Dregs of his past glory.

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