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Construction Law
CGL contractual liability exclusion applied to “warranty to repair” clause contained in residential construction contract
In Crownover v. Mid-Continent Cas. Co., 757 F.3d 200 (5th Cir. 2014), the U.S. Fifth Circuit affirmed the Northern District of Texas’ grant of summary judgment in favor of Mid-Continent finding that an arbitration award fell within the Mid-Continent Casualty Company policy contractual liability exclusion. Warranty to Repair clause in residential construction contract In 2001, […]
- October 6, 2014
- By Allen & Gooch
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Insurance & Casualty Litigation
Claims made and reported provisions enforceable against injured third parties
Many insurance policies include a provision known as a “claims made and reported” clause which indicates that a claim is only covered if the claim is reported to the insurer during the policy’s stated time limit. Because Louisiana is a Direct Action State, it was believed that this provision would not be enforced against an […]
- October 1, 2014
- By Allen & Gooch
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Maritime Casualty
Employment Gaps May Affect Seaman Status
Jones Act Coverage Based on Time Working on Vessel When making claims under the Jones Act, plaintiffs must prove that they spent 30% or more of their time working on a vessel or fleet of vessels under common ownership. This analysis can become complicated if the seaman was employed by his employer on multiple occasions […]
- September 10, 2014
- By Allen & Gooch
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Health Law
Should your law firm sign a “Business Associate Agreement” at the request of a healthcare provider client? — Under new HIPAA regulations, it probably has no choice.
Law Firms With Access to PHI are Business Associates Under new HIPAA rules, law firms with access to protected health information (“PHI”) most likely qualify as “business associates.” Pursuant to 45 CFR §160.103, a business associate is a non-employee of a covered entity who performs legal, actuarial, accounting, billing, administrative, accreditation, financial or similar services […]
- August 29, 2014
- By Allen & Gooch
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Business Transactions
Prescription & Trade Secrets: A Benefit To Your Business?
Former Employee Develops Similar Technology Aspen Technology sued a former employee, who was director of technology and research, for violating a noncompete clause in his employment contract. Aspen added as a defendant, the new employer, M3 Technology, claiming tortious interference with the contract, trade secret misappropriation and copyright infringement. Aspen and M3 both develop, sell […]
- July 22, 2014
- By Allen & Gooch
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Business Transactions
Silicon Bayou 101: Pivoting Your Business
Small Business and Technology on the Rise in Silicon Bayou As our Sunday nights are now void of Silicon Valley, we have time to reflect on some of the legal issues addressed in the second half of the season. Has your business experienced any of these issues in Silicon Bayou? The Importance of Branding In […]
- July 8, 2014
- By Allen & Gooch
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Insurance & Casualty Litigation
No coverage for Accident Occurring During Crime
Exclusion Covers Personal Injury Coverage for Accidents That Occur in Commission of a Crime In the recent decision of Trumps v. USAgencies Cas. Ins. Co., No. 14-25 2014 WL 1815376 (La. App. 3rd Cir. 5/7/214), the Third Circuit Court of Appeal for the State of Louisiana upheld an exclusion in automobile insurance policy which excluded […]
- June 25, 2014
- By Allen & Gooch
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Maritime Casualty
Is Your Contract Governed By General Maritime Law?
In the absence of express provisions to the contrary, maritime contracts are to be governed by and interpreted under general maritime law. In other words, contractual disputes will be resolved under maritime law (rather than state law) if the applicable contract is a maritime contract. Is the Contract Maritime in Nature? When determining whether a […]
- June 13, 2014
- By Alan Stewart
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Business Transactions
Think Twice Before Giving a Power of Attorney: It May Be Broader Than You Realize
Where Personal Guaranties and Power of Attorney Intersect In Gulf Coast Bank and Trust Co. v. Montoli & Pitre, LLC, ___ So.3d ___, 2014 WL 970155 (La. App. 5 Cir. 3/12/14), the principal and agent (a married couple) were members of Montoli & Pitre, LLC (“Borrower”), and in connection with a closing in which the […]
- June 9, 2014
- By Emile Joseph
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Employment Law & Litigation
Pay to Quit Policies: How to Protect Your Business
Major Companies Trying Out New Pay to Quit Policies Zappos introduced an innovative human resources policy known as Pay to Quit that is now being adopted by other employers. Amazon explained the policy behind a Pay to Quit policy in a letter to their shareholders “[t]he goal is to encourage folks to take a moment […]
- June 4, 2014
- By Allen & Gooch
