-
Construction Law
Builder’s Risk 101: Protecting Your Construction Project
Insurance Adds Protection for Buildings While They are Under Construction Builder’s Risk Insurance is typically purchased by the owner or contractor of a building under construction to protect against certain damage to that property during the course of construction. In many cases where the builder purchases the policy, the owner should also be listed as […]
- December 2, 2013
- By Allen & Gooch
-
Maritime Casualty
Fifth Circuit Again Addresses LHWCA’s “Other Adjoining Areas”
Another Look at “Other Adjoining Areas” Only six months after its decision in New Orleans Depot Servs., Inc. v. Director, Office of Worker’s Compensation Programs, 718 F.3d 384 (5th Cir. 2013), the U.S. Fifth Circuit Court of Appeals once again addressed the issue of what was a covered situs under the Longshore and Harbor Workers […]
- November 27, 2013
- By Allen & Gooch
-
Construction Law
Know Your Coverage: Commercial General Liability Policies
Commercial General Liability Policies Will Not Cover Everything Did you know that the Commercial General Liability (CGL) Policies that contractors are required to carry by law do not generally cover the repair or replacement of the contractor’s own work? Whether you are a contractor trying to make sure you are covered, a property owner looking […]
- November 18, 2013
- By Allen & Gooch
-
Employment Law & Litigation
Second Injury Fund: When You Can Ask for an Employee’s Medical History
Much to the surprise of companies who do not regularly work in Louisiana, and even a few that do, you can inquire into a new employee’s medical background in Louisiana. But, as with everything else in the law, it is never as easy as it first sounds. Second Injury Fund Provides Employers Reimbursements for Workers’ […]
- November 12, 2013
- By Allen & Gooch
-
Business Litigation
2013 Legislative Update: Class Action Certification
Louisiana Legislature Clarifies Requirements for Class Action Certification Historically, Louisiana Code of Civil Procedure art. 591(A)(5) stated: “the class is or may be defined objectively in terms of ascertainable criteria, such that the court may determine the constituency of the class for purposes of the conclusiveness of any judgment that may be rendered in the […]
- November 11, 2013
- By Allen & Gooch
-
Business Litigation
Arbitration Strongly Favored by Louisiana Third Circuit Court
Arbitration Decisions Often Binding Under Louisiana Law In Detraz v. Banc One Securities Corp., et. al., 2013-191 (La. App. 3 Cir. 10/9/13), — So.3d —, the plaintiff appealed the trial court’s confirmation of an arbitration award. The Appellate Court affirmed the decision of the Fifteenth Judicial District Court highlighting the binding nature of arbitration decisions […]
- November 8, 2013
- By Allen & Gooch
-
Insurance & Casualty Litigation
Reservation of Rights and Retaining Independent Counsel in Texas
Applying Texas law, the U.S. Fifth Circuit Court of Appeals recently issued an opinion concerning an insured’s right to independent counsel when an insurer issues a reservation of rights letter. In Downhole Navigator, L.L.C. v. Nautilus Ins. Co., 686 F.3d 325 (5th Cir. 2012), the Court held that an insured is only entitled to independent […]
- November 6, 2013
- By Allen & Gooch
-
Business Litigation
Appellate Courts Maintain Narrow Use of Unjust Enrichment Claims
Third Circuit Limits Use of Unjust Enrichment and Breach of Contract In the recent decision of Crowded Cabin, LLC v. TKLL Hebert, LLC, 2013-208 (La. App. 3 Cir. 10/30/13), — So.3d —, the Third Circuit Court of Appeal sustained an Exception of No Cause of Action holding that the plaintiff, Crowded Cabin, LLC, had not […]
- November 5, 2013
- By Allen & Gooch
-
Insurance & Casualty Litigation
6 Things to Know About UM Coverage in Louisiana
Punitive damages Excluding punitive damages from UM coverage does not conflict with the purpose of the UM statute and should be given full effect. Fortier v. Hamblin, 610 So.2d 897 (La. App. 1st Cir. 1992). Judicial interest Once a lawsuit is filed, the claim necessarily increases to take into account accrued interest. Therefore, the amount […]
- October 31, 2013
- By Brent Carriere
-
Taxation
2013 Legislative Update: Louisiana Energy Tax Credits
Louisiana Energy Tax Credits Encourage Taxpayers to Go Green In this summer’s session, the legislature made several changes to the Louisiana Energy Tax Credits, particularly those dealing with alternative fuel vehicles, wind energy systems, and solar energy systems. Individuals and businesses considering investing in these alternative energy products should consult with their tax planning professional […]
- October 25, 2013
- By Allen & Gooch