#1  Not discussed here.  Big ice storm.  Tree branches grew to three (3) times their diameter.  Area declared a federal disaster area.  Big tree limb came down and structurally damaged roof of home.  Loss covered by Nationwide insurance policy contract.  Nationwide delayed and paid nothing.

#2  Not discussed here.  House built on bedrock.  Why house was purchased.  House slab will not crack from house sinking in mud.  House slab will not crack because ground dried to large fissures many feet deep because of prolonged drought.  Blasting in bedrock occurred across the street to make a retention pond into the bedrock the size of a city block.  Slab cracked, wall of tile came down.  Loss covered by Nationwide insurance policy contract.  Nationwide delayed, said had to confirm blasting had occurred with neighbors, did that and ignored that, said that they found somebody who told them that it was illegal so said it could not therefore happen, paid nothing.

#3 Follows:
 

Who is Nationwide and what is the policy number?

This plaintiff's complaint filed with small claims court in Williamson County Texas on February 2nd, 2001 on the last day before the statute of repose (2 year time limitation whereafter Nationwide can legally avoid paying [you should have sued us]).

Here is a surprise, to me.  Nationwide Insurance Company denies anything and everything.  Shouldn't there be a penalty for dishonesty and deceit?  And they seem to file, in their answer, a counter suit!  Shouldn't there be a penalty when a Nationwide employee lawyer threatens a pro-se (common ordinary person without legal background or training) in order to prevail when the Nationwide Insurance Company owns their own law office to be on the side of dishonesty and deceit, and get what they want out of the court system?

I had to reply #1 to Request for interrogatories and production.

There was a first reply from Nationwide Insurance Company

I filed this first motion with small claims court in response to defendant's requests.

This goes on for a while.  You can imagine how many trips to the Court, to not accomplish anything.  One of the tactics that a dishonest and deceitful lawyer will use is to file a constant stream of delays.  This works well when it is never the same judge you appear before to plead for each (how they do it in San Antonio).  The Nationwide employee lawyer filed three delays, the first one so she could go on vacation.  Then another.  Then another after that for all of those cases where Nationwide Insurance Company is constantly in court.

This is one of the things that kind of bothers me, being an engineer, having been a cop, not being an attorney.  I am going to jump out of sequence, for this paragraph.  I wanted a trial before the judge.  So, I expected him to ask questions and obtain sworn testimony.  Like "Judge Judy" on TV, I expected that could contain raucous commentary and insults from the judge.  A judge answers to no person in his Court.  In this state, particularly, there seem to be few restraints on judges.  However, this was a jury trial, at the request of Nationwide (else I would have won everything I asked for, because that is the law).  So, the judge canceled the pre-trial hearing, and would not hear any motions from the Plaintiff.  I didn't expect him to break into the middle of my cross examination of a Nationwide employee witness in court to observe that I had not participated in his attempt to mediate an agreement, intimating I was the party responsible for this court case.  Isn't a judge at least supposed to tell the truth?  Isn't a judge not supposed to declare to a jury who he favors?  Isn't the jury the finder of fact in a jury trial?  Well, I don't know what was going on, but that is the way I saw it.

Since the Nationwide employee lawyer had filed and received three delays, and Steve Benton allowed each without any question, and since I had a job in Wisconsin I could go to, I filed for one.  I filed it as a motion, so the Court could not ignore it.  The command from the Court, which ignored it, called me all the way from Wisconsin, at great expense, almost immediately, but long enough to have gotten up there and gotten established.  Only to be prevented by the court clerk from seeing the judge when I showed up to Court as summonsed, because, as the filing showed, the Nationwide employee lawyer knew, and knew since last winter, that Nationwide would not show up.  Wish Nationwide had told me, I wouldn't have come, at great expense, from Wisconsin, just for this, and wouldn't have to, at equal expense, go back, to find out wouldn't have the job.  More damages caused by Nationwide Insurance Company while just trying to collect a legitimate claim on an insurance policy covered loss that occurred well over two years ago.

You get hit in the rear while stopped at a yield sign, you get carted off to the hospital with no feeling in one side of your body (police officer had you restrained, at the advice of the paramedic, because you didn't want to go, even after she discovered and diagnosed), Nationwide Insurance Company pays nothing, Nationwide Insurance Company ignores a subrogation against them from your health insurance company, Nationwide Insurance Company causes you the loss of a job and significant expenses involved with the loss of a job.

Anyway, sooner or later, it gets to a jury.  Personally, I just wanted to go before the judge.  Sort of, here is my proof, you decide.  However, Nationwide wanted a jury trial.  Defendant showed up dressed in, get this, blue and white with yellow tie with brown spots.  You ever notice how people that go to court all of the time have this particular four color apparel?  I call it a "guilty, pity me" uniform for court.  You never see this anyplace else.  The Nationwide attorney employee made a big deal to point out to the jury the clothing.

The jury reached a verdict.  It is unfortunate that the deliberations were based, in whole or in part, on perjury by an employee of Nationwide Insurance Company.  Decisions from a jury just cannot have validity when Nationwide Insurance Company totally misrepresents.  There should be an enforced law against this.

Now, you think you won?  Well, the clerk of court tells you that you cannot ask for an Abstract Of Judgment, to file with the county clerk, nor a Writ Of Enforcement, to give to the sheriff, for ten days.  Fine, wait fourteen.  Then she says you can't for 30 days.  Fine, wait 30 days.  Then she says that she doesn't know what to do.  Go see the county clerk, who says she knows just fine.  Go  figure.

Trial was September 12th, Nationwide wants a meeting October 19th.  Nobody tells Plaintiff that this is Court.  Not even the court notices you.  See if you can figure out from this E-mail that Nationwide Insurance Company has an ambush planned.  Nationwide employee lawyer wants the judge to force Plaintiff to sign a release for anything and everything.  Judge won't (I wasn't prepared with arguments, got lucky).  Wants the judge to stop the interest.  Judge won't (I wasn't prepared with arguments, got lucky).  Wants Plaintiff to take a two party check, co-named with Humana Insurance Company.

Humana paid some of the Nationwide Insurance Company's liability, almost three years back, that Nationwide wouldn't pay, still hasn't paid, and Humana wanted their money back (they weren't liable).  Judge decides, back Sept 12th, based on one ex parte conversation with one juror, chased down on the way home, conversation out on the street out of earshot of Plaintiff, then being returned to the judge, after Court was adjourned, to do that, because he decided after Court was adjourned that it was part of the jury verdict.  Plaintiff is not allowed to poll the jury, because, Court remains adjourned, the jury is no more.

Plaintiff shows judge signed notarized statement from Humana declaring that they have been repaid, on behalf of, but not by, Nationwide Insurance Company, to cover the legal action that Humana filed against Nationwide.  Nationwide employee lawyer argues judge should not consider that evidence, because it is just freshly dated, and Plaintiff should have to pay that debt.

Judge ordered Nationwide Insurance Company to pay to the Court the judgment.  Nationwide doesn't seem, as far as I can tell, from Nationwide employee lawyer, to want to pay the judgment against them from the court (didn't want to pay the legitimate covered loss, either, which is why we came to court).  Nationwide employee lawyer said she would have to call for permission.  Court adjourned 3rd time.  I get to go back yet again.
 

Is Nationwide, whom you bought insurance coverage from, On Your Side?
Is Don Hughes, whom you paid commission as part of your payment (which he wanted in cash), On Your Side?
Is Steve Benton On Your Side?
Has the perjury law ever been enforced?
Is there any requirements for to be a court clerk?
Should there be a law requiring you to buy auto insurance?  Why?
Should the State Insurance Commission do something about this behavior?
 

LATEST STATUS:
    Oct 19 in the Court of Steve Benton
        Nationwide refuses to pay judgment
        Judge refuses to issue ABSTRACT OF JUDGMENT
        Judge refuses to issue WRIT OF ENFORCEMENT
        Judge makes a copy of written signed notarized proof of perjury by Nationwide Insurance Company, takes no action
        Judge refuses to accept a criminal complaint by Plaintiff of perjury in his court against Nationwide Insurance Company
            Decision by jury is based in whole or in part on testimony by Nationwide proven by evidence to be perjury
            Sworn testimony this date by Nationwide employee lawyer proven by evidence to be perjury
 

Enough is about enough
        First Charges filed against the judge.  Does the state of Texas have any recourse against Steve Benton?
 

    Nov 2 in the offices of Steve Benton
        Here is your evidence back
        No settlement to give you - Nationwide Insurance Company hasn't paid even one cent
 

Did you know:
    I have been told, I do not know that it is not true, in the state of Texas, it is NOT illegal, and it is an accepted practice, for attorneys, law firms, litigants to make campaign contributions to judges that hear cases involving those attorneys, law firms, litigants.  I didn't make one.  I didn't even offer one.  I had no idea there might be a requirement.

Should the State Legislature do something about this behavior?
 

I do know:
    It is about time that the Court cough up the judgment, now that we have evidence from Nationwide Insurance Company that the Court has that in hand.
 

    Nov 8 in the mail
        Thick envelope addressed to a nonexistent person at my address: check from Justice of The Peace 3 Cash Bond Acct.
            $ 3,401.27