Exhibit B – Expert Report of David J. Favre, Sr.slabbed.org/.../uploads/2010/02/expert-report-favre.pdfDavid J. Favre, Sr. 250 Citizen St. Bay St. Louis, MS 39520 (228) 216-8726

Exhibit B –

Expert Report of David J. Favre, Sr.

Case 1:06-cv-00433-LTS-RHW Document 409-4 Filed 01/29/2010 Page 1 of 53

David J. Favre, Sr.250 Citizen St.Bay St. Louis, MS 39520(228) 216-8726

January 26, 2010

Mr. August J. Matteis, Jr.Gilbert, LLP1100 New York Ave., NWSuite 700Washington, DC 20005

Re: Xactimate 25 estimate for repair and restoration (Flood Damage)

Property Owner: McIntosh, Thomas and PamelaAddress: 2558 South Shore Drive

Biloxi, MS 39532-3010Insurance Company: State Farm Fire and Casualty Co.Claim Number: 24-Z494-638Policy Number: 24-RB-2784-6Date of Loss: August 29, 2005Price Guide: MSGU5F5C (Xactimate Price Guide)

Dear Mr. Matteis,

I have attached as Exhibit A my estimate for the purpose of establishing a replacement cost for the flood damage caused by hurricane Katrina, excluding any damage caused by broken potable water lines to the above referenced property. I have attached as Exhibit B an estimate of flood damage using slightly different assumptions. I have attached as Exhibit C a list of documents and photographs I used in reaching my opinion.

As you know, I am a Mississippi licensed contractor and have been since 1999. I have worked for several civil and structural engineers in both the design and drafting aspects of building and civil projects and have worked on many MDOT projects as general manager and supervisor. I have done many residential and light commercial design build projects. I worked hurricane Ivan as a trainee adjuster on wind claims. On August 9, 2005, I attended Pensacola Junior College and successfully acquired the designation of Accredited Claims Adjuster (ACA). Shortly after my accreditation, I acquired my adjuster’s license in the state of Florida. On August 29, 2005,hurricane Katrina struck the Mississippi Coast. I came home and acquired my Mississippi adjuster license and my NFIP certification and began working Katrina NFIP flood and wind claims for various adjusting firms and insurance companies.


I worked both NFIP flood claims and wind claims in Louisiana and Mississippi. I have anexcellent understanding of the NFIP claims adjusting process and wind adjusting process. I have training and experience with the Southern pine sizing methods and applied loads. I also have hadtraining and extensive use in the TJI Beam Systems and both the International and Mississippi State Building Codes.

I am confident in my abilities to adjust both NFIP flood claims and wind claims and have the construction knowledge to determine the methods of repair and restoration on residential and commercial losses. I have training and extensive use of the Aggressive Good Faith Manualwhich allows me the ability to fairly adjust claims as a licensed independent adjuster.

I have based this estimate on several in person and telephone conversations with the McIntosh family in March of 2007 and August of 2008, along with site visits to the McIntosh property. I have used photographs of the McIntosh property taken both before and after Katrina and have reviewed the report authored by R. Ralph Sinno, PH.D.

I used the published FEMA high water mark (HWM) of 18.6 feet AMSL in determining the amount of flood water that would have entered the McIntosh residence. Based on the aforementioned HWM, I have calculated the flood water line to have been 2.1 feet above the McIntosh finish floor elevation of 16.5 feet AMSL. There are also several determining factors indicating this water line such as the interior foyer column rub marks and intact dry goods in the pantry which are visible in the post Katrina photographs. Although the available data shows that the 2.1 feet of water entered the residence, my cost estimate would not be materially different unless the water level in the home exceeded 4 feet.

If potable water inundated the risk and damaged the soft floors, drywall and other structural components along with the personal property, I would calculate this damage to be in the range of $49,000.00. Exhibit A reflects this exclusion from the NFIP flood coverage; I have also attached as Exhibit B an estimate that includes the aforementioned damage to the soft floors, drywall and other structural components as components of a flood claim. I have prepared this estimate for you, so that you might compare both estimates and see that Exhibit A is the actual cost of the flood damage and that Exhibit B would have been an alternate scenario.

To further explain the dollar amount difference between Exhibit A and B of $42,188.97 (and not $49,000.00). I used the acceptable practice of accounting for items damaged by flood especially where drywall, insulation and paint are involved. Adjusters must use common sense, as in the case of the 2.1 feet of flood water in the McIntosh dwelling, you must provide a higher level of removal and or replacement. This method of adjusting allows the insured the ability to account for any wicking into the drywall and insulation above the water level. Painting the entire wall area prevents any mismatched shading or color differences. In Exhibit B, I used 4 feet of drywall removal and replacement in of lieu the 2.1 feet level of flood water, and the same goes for insulation and the paint. The aforementioned items were simply absorbed in the Exhibit B estimate as flood. The loss properly should be assigned to the wind claim. However, Exhibit B shows the total if those items are included in the flood claim.











































David J. Favre, Sr.250 Citizen St.Bay St. Louis, MS 39520(228) 216-8726

January 26, 2010

EXHIBIT [C] FAVRE REPORT

Photographs and Documents

1. R. Ralph Sinno, PH.D. report 2. Dr. Pat Fitzpatrick report3. Dr. Keith Blackwell report 4. FEMA HWM Publication of March 20065. NFIP- Dwelling Form – Standard Flood Insurance Policy6. NFIP – Flood Insurance Claims Handbook7. National Flood Insurance Summary of Coverage8. NFIP Memorandum W-04020 May 7, 20049. McIntosh Immediate Area Aerial Photo10. State Farms Response to the Court’s Order and the Rigsby Submission re: Rule 56(f)

discovery Exhibit 1 Photographs of McIntosh Home (Set 1)

Exhibit 2 Photographs of McIntosh Home (Set 2)Exhibit 3 Photographs of Exterior McIntosh Home (Set 3)Exhibit 4 NFIP Payments to McIntoshExhibit 7 Deposition of Brian FordExhibit 8 Deposition of Brian Ford (January)Exhibit 9 Deposition of Jack Kelly

11. Deposition McIntosh – Cody Perry 9.27.0712. Exhibits to McIntosh – Thomas C. McIntosh (Volume II)13. Deposition McIntosh – Thomas C. McIntosh (Volume I & II)14. Deposition Kerri Rigsby 11.20.07


David J. Favre Sr.250 Citizen St.

Bay St. Louis, MS 39520Office No. (228) 467-2073 Fax No. (228) 467-5230 Cell No. (228) 216-8726

Email – [email protected]

Education Data:Elementary:

North Bay ElementaryBay St. Louis, MS 39520

Jr. High:Bay St. Louis Junior HighBay St. Louis, MS 39520

High School:Bay Sr. High School 1975-1978 (Drafting)Bay St. Louis, MS 39520

Jr. College Vocational-Technical:Pearl River Junior College 1975-1978Hancock County Vocational-Technical Center (Machinist Training)

MS Gulf Coast Community College: 1992-1994Architectural Design and DraftingSemester Hours:AutoCAD 10, 11, 12, AEC, DCA (20 hours)Surveying (10 hours)GPA 3.8

U.S. Naval Training and Educational Data: (Delayed Entry Program, EnlistedDecember 1977)

Recruit Training:Great Lakes Naval Training CenterGreat Lakes, Illinois (June 1978 – August 1978)

Specialized Training:Service School Command San Diego, CA.:Machinery Repairmen, Class A School (Sept. 1978 – Nov. 1978

Liquid Development Company Inc.:3748 East 91st StreetCleveland, OhioSelective Brush Electroplating (May 1981)


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Quality Assurance Inspector School:USS Simon Lake AS-33FPO New York, NYQuality Assurance (July 1982)

Dalic Process Company:Advanced Level Electroplating (Jan. 1983)

Machinery Repairman Class C School:Heat – Treatment Metallurgy Certified Heat Treatment Tech.San Diego, CA (April 1983)

U.S. Naval Special Skills:

Electroplating Technician CertifiedHest –Treatment Technician CertifiedMachinist CertifiedMachinist Apprenticeship Served with U.S. NavyQuality Assurance Inspector CertifiedMachinist Floor Supervisor

U.S. Naval Special Awards and Metals:

4 Battle “E” Ribbons 1 Meritorious Unit Commendation1 Good Conduct Medal1 Captains Citation; Repair of Main Steam Turbine aboard Boomer Class Submarine.1 Navy Achievement Metal: by U.S. Secretary of the Navy for timely and efficient repair of submarine ASW pump shaft which took over thirty two hours of continuous work allowing the submarine to meet its commitments.

Private Sector Contractor and Design Special Skills:

AutoCAD Architectural and CivilSoftdesk Architectural and Civil – SurveySouthern Pine Sizing MethodsTJI Beam SystemsInternational Building CodeMississippi State Building CodeEDI Certification Toxic Drywall Inspect


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Insurance Education Courses:

Aggressive Good Faith – 1999 – Miami, FLInsurance Law Seminar – 1999, Houston, TXXactimate Estimating Principals – 1999 Mobile, ALNFIP Flood Certification – 2005 – Mobile, AL – 2006 SCAccredited Claims Adjuster – 2005 Pensacola Junior College

Work History:

1977 – 1984 U.S. Navy Rank E-5, Machinist on Boomer Class Nuclear SubmarinesDischarged from Navy with a Service Connected Disability under Honorable Discharge.U.S. Disabled Veteran.

1984 – 1986 Mason Chamberlain Inc.; NSTL Station MS; Tool and Die Machinist.

1986 – 1988 Borg –Warner Chemicals MS; Machinist/Millwright.

1989 – 1990 Goldin Industries MS; Equipment Parts Machinist.

1990 – 1992 Gulf Coast Construction, Inc.; Project Manager in charge of large renovation projects. Specializing in Insurance Repairs serving the Insurance Industry.

1992 – 1994 MS Gulf Coast Community College

1994 – 1995 Brown & Mitchell Engineers, Inc. Civil Designer/Draftsman.

1995 – 1996 Moran & Seymour Engineers, Inc. / MS Design Development; Civil and Architectural Designer.

1996 – 1998 Harris Engineers Inc.; Civil and Architectural Designer / Lead Designer.

1998 – 2000 Coast Drafting Services, Inc.; Civil and Architectural Design / Construction.

2000 – 2001 Gulf Coast Construction Inc.; Estimator and Project Manager specializing in rebuild cost of damaged buildings.

2001 – 2002 Fore Construction, Inc.; Estimator and General Manager.

2002 – 2004 TCB, Inc. Field Superintendent Civil and Architectural Construction.


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2004 – Hurricane Ivan as Independent Adjuster.

2005 - 2010

Hurricane Katrina as a Independent Adjuster for Pasco Claims and ACIS Claims working on Bay St. Louis School Systems and many other large commercial losses. Travelers St. Paul, Residential and Commercial Claims and estimates for various law firms. Toxic Drywall Inspector, independent inspections and for various law firms..

Trial and Depositions in the past 5 years.

Mississippi Division of the United Sons of Confederate Veterans; a Mississippi non-profit corporation DBA The Jefferson Davis Home and Presidential Library known as Beauvoir, vs. The Charter Oak Insurance Company a Connecticut corporation; The St. Paul Travelers Companies, Inc. a Minnesota corporation, Jim Price a resident of Texas individually DBA Price and Associates and as Agent of The Charter Oak Fire Insurance Company and The St. Paul Travelers Companies, Inc. and Fire Line Restoration, Inc. a Florida corporation.

Deposition Testimony for the plaintiff in dispute over the extent of damage caused duringHurricane Katrina to the Jefferson Davis residence, library and various out buildings on the property located in Biloxi, Mississippi. Plaintiff Attorney is Katrina Litigation Group (KLG) of Ridgeland, Mississippi. Defense Attorney is Copeland Cook Taylor and Bush of Ridgeland Mississippi.

Adm. and Mrs. James Lisanby vs. United Services Automobile Association (USAA)

Deposition and Trial Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence and out buildings on the property located in Biloxi, Mississippi. Plaintiff Attorney is Katrina Litigation Group (KLG) of Ridgeland, Mississippi. Defense Attorney is Copeland Cook Taylor and Bush of Ridgeland Mississippi. Trial Testimony was stipulated.

Herman Averette vs. State Farm Insurance

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence and out buildings on the property located in Pass Christian, Mississippi. Plaintiff Attorney is Katrina Litigation Group (KLG) ofRidgeland, Mississippi. Defense Attorney is Dion Chanley of Hickman, Goza and Spraging Oxford, Mississippi.


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Harry T. Bailey vs. State Farm Insurance

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence and out buildings on the property located in Kiln, Mississippi. Plaintiff Attorney is Katrina Litigation Group (KLG) of Ridgeland, Mississippi. Defense Attorney is Dion Chanley of Hickman, Goza and Spraging Oxford, Mississippi.

Kearney & Denise Breland vs. State Farm Insurance

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence and out buildings on the property located in Waveland, Mississippi. Plaintiff Attorney is Katrina Litigation Group (KLG) of Ridgeland, Mississippi. Defense Attorney is Dion Chanley of Hickman, Goza and Spraging Oxford, Mississippi.

William Bounds vs. State Farm Insurance

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence and out buildings on the property located in Pass Christian, Mississippi. Plaintiff Attorney is Katrina Litigation Group (KLG) of Ridgeland, Mississippi. Defense Attorney is Dion Chanley of Hickman, Goza and Spraging Oxford, Mississippi.

Ernestine Bradley vs. State Farm Insurance

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence and out buildings on the property located in Pass Christian, Mississippi. Plaintiff Attorney is Katrina Litigation Group (KLG) of Ridgeland, Mississippi. Defense Attorney is Dion Chanley of Hickman, Goza and Spraging Oxford, Mississippi.

John IV & Elizabeth Bell vs. State Farm Insurance

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence on the property located in Bay St. Louis, Mississippi. Plaintiff Attorney is Katrina Litigation Group (KLG) of Ridgeland, Mississippi. Defense Attorney is Dion Chanley of Hickman, Goza and Spraging Oxford, Mississippi.


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Harby Kreeger Jr. vs. State Farm Insurance

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence on the property located in Ocean Springs, Mississippi. Plaintiff Attorney is Owen Galloway & Myers, PLLC, Gulfport, Mississippi. Defense Attorney is Hickman, Goza and Spraging Oxford, Mississippi.

Royce and Anna Garrison vs. State Farm Insurance

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence on the property located in Ocean Springs, Mississippi. Plaintiff Attorney is Denham Law Firm, Ocean Springs, Mississippi. Defense Attorney is Hickman, Goza and Spraging Oxford, Mississippi.

Jeff and JoEllen Hutchison vs. State Farm Insurance

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence on the property located in Pascagoula, Mississippi.Plaintiff Attorney is Denham Law Firm, Ocean Springs, Mississippi. Defense Attorney is Hickman, Goza and Spraging Oxford, Mississippi.

Veleda and Arthur Pipkins vs. State Farm Fire and Casualty Company

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence on the property located in Moss Point, Mississippi.Plaintiff Attorney is Denham Law Firm, Ocean Springs, Mississippi. Defense Attorney is Hickman, Goza and Spraging Oxford, Mississippi.

Mark Kisslinger vs. United Services Automobile Association (USAA)

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence on the property located in Long Beach, Mississippi.Plaintiff Attorney is Katrina Litigation Group (KLG) of Ridgeland, Mississippi Defense Attorney is Hickman, Goza and Spraging Oxford, Mississippi.


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Blue Meadow Apartments LLC and Sun States Management, Inc vs. State Farm Fire and Casualty Company

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their apartment complex on the property located in Bay St. Louis, Mississippi. Plaintiff Attorney is Owen Galloway & Myers, PLLC, Gulfport, Mississippi. Defense Attorney is J. Douglas Foster, Esq. of Webb Sanders & Williams, PLLC, of Tupelo, Mississippi.

Melba Boxx vs. United Services Automobile Association (USAA)

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to their residence on the property located in Gulfport, Mississippi.Plaintiff Attorney is Katrina Litigation Group (KLG) of Ridgeland, Mississippi Defense Attorney is Copeland Cook Taylor and Bush of Ridgeland Mississippi.

Natchez Joseph Morice, Jr. vs. State Farm Fire and Casualty Company

Deposition Testimony for the plaintiff in dispute over the extent of damage caused during Hurricane Katrina to his residence on the property located in New Orleans, Louisiana.Plaintiff Attorney is Mark E. Morice, Esq. of Gretna, Louisiana Defense Attorney is Lobman, Carnahan, Batt, Angelle & Nader of New Orleans, Louisiana.

Ronnie Bryant and Patricia Bryant vs. Prime Holdings Insurance Services, Inc.

Deposition and Trial Testimony fact witness in dispute over the extent of damage caused during Hurricane Katrina to their residence on the property located in Gulfport, Mississippi. Plaintiff Attorney is Virginia Lococo D’Iberville, Mississippi.

United States of America Ex Rel. Rigsby vs. State Farm Insurance Co. – HAAG Engineering – Forensic Analysis Engineering Corp. and E.A. Renfroe

Expert Witness, Trial Ongoing

Umpire Services in the past 5 years.

Sharon Bode vs. Allstate Insurance Company

Charles and Peggy Rylan vs. United Services Automobile Association (USAA)


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License held:

Mississippi State General ContractorMississippi Residential AdjusterFlorida Non-Residential Adjuster All LinesNFIP Certified AdjusterCertified Toxic Drywall Inspector

Rate and Fee Schedule:

The fee for report preparation of a Xactimate Estimate of damages to existing structures will be seventy five cents ($0.75) per square foot of total area up to 10,000 sq. ft. which includes residential or commercial; any structures above 10,000 sq. ft. will be negotiated lower prior to the commencement of any work performed. The fee to execute a sq. ft.estimate by Marshall and Swift/Boeckh, LLC, on a total loss structure such as a slab or lot will be three hundred and fifty dollars ($350.00) per estimate.Depositions and Court testimonies and consulting fees are one hundred and fifty dollars ($150.00) per hour, plus all travel related expenses for locations outside a 50 mile radiusof Bay St. Louis, MS. This fee includes all transit time to and from deposition, testimonyand consulting locations, plus any preparation time as requested by counsel.
