Posts by Brent Carriere

• Insurance & Casualty Litigation

  Found Treasure: How a Claimant’s Bankruptcy Filing May Uncover New Defenses

  • April 24, 2019
  • By Brent Carriere
  

  One of the many questions one should always ask any claimant is whether he or she has ever filed for bankruptcy. The reason is twofold. First, depending on the timing and nature of the bankruptcy filing, the claimant may have forfeited standing to pursue (or further pursue) a claim that is part of a bankruptcy estate of […]

• Insurance & Casualty Litigation

  Does a UM Insurer have a duty to notify an insured of UM benefits?

  • June 13, 2018
  • By Brent Carriere

  Where to Start – The Policy When determining duties owed between an Insured and Insurance company, the first place to always look is the policy itself. Assuming a policy does not directly address the specific issue of whether an insurer must notify an insured of benefits owed (I have never seen a policy doing so), […]

• Insurance & Casualty Litigation

  UM Rejection Forms – Requirements & Duration

  • March 15, 2017
  • By Brent Carriere

  Since UM coverage is presumed, nothing must be done if an insured wishes to have UM coverage matching liability limits. But, if the insured wishes to reject UM coverage, or select lower UM coverage, strict requirements must be met. If not, the presumption that UM coverage is provided remains.   According to the UM statute, the rejection […]

• Insurance & Casualty Litigation

  Adjusting Uninsured/Underinsured Motorists Claims – Burden / Duties / Penalties

  • January 23, 2017
  • By Brent Carriere

  UM Plaintiff’s Burden of Proof When making a UM claim, the claimant has the initial burden of proof. To satisfy this burden, he must produce “sufficient facts” to the UM insurer that:   The adverse driver in the accident was uninsured or underinsured; The un/underinsured driver was at fault; Such fault gave rise to damages; […]

• Insurance & Casualty Litigation

  UM Rejection Forms – Little Traction Given to Consent Challenges by Insureds not Fluent in English

  • April 27, 2016
  • By Brent Carriere

  Recently, in Ponce v. Welch, 15-669 (La. App. 5 Cir. 3/16/16) 2016 WL 107-8579, Louisiana’s Fifth Circuit Court of Appeal upheld summary judgment in favor of an insurance company by denying a UM rejection form challenge of an insured claiming she did not understand the UM rejection agreement because she was not fluent in English.  […]

• Insurance & Casualty Litigation

  6 Things to Know About UM Coverage in Louisiana

  • October 31, 2013
  • By Brent Carriere
  

  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 […]

• Insurance & Casualty Litigation

  Five Considerations When Validating UM Rejection Form

  • September 18, 2013
  • By Brent Carriere

  Whether dealing with whose signature is needed or the result of changing a policy number, here are five considerations for validating a UM rejection form.

• Insurance & Casualty Litigation

  Six Requirements for a Valid UM Rejection Form

  • September 11, 2013
  • By Brent Carriere

  Although here is s prohibition against altering or modifying UM rejection forms, identical forms can be valid and enforceable waivers of UM coverage.

• Insurance & Casualty Litigation

  Louisiana Supreme Court Extends UM Coverage To Passengers

  • March 13, 2013
  • By Brent Carriere
  

  The Louisiana Supreme Court, in Bernard v. Ellis, 11-2377 (La. 7/2/12), 111 So.3d 995, recently ruled that a guest passenger in an insured vehicle should be considered an insured for uninsured/underinsured (UM) coverage purposes. The ruling is based upon an application of Louisiana’s statutory omnibus clause, La. R.S. 32:900(B)(2), which mandates coverage for any person “using […]

• Insurance & Casualty Litigation

  Third-Party Claims: Unconditional Tenders Versus Offers Of Settlement

  • February 22, 2013
  • By Brent Carriere

  Requirements for Third-Party Claims Insurance companies should remember that under La. R.S. 22:1892, an insurer is only required to make an “unconditional” tender/payment to an insured, not to a third-party claimant. The only duty imposed on insurers by La. R.S. 22:1892 with regard to third-party claims is to make a “written offer to settle” any […]