Practice: Insurance & Casualty Litigation

• Business Litigation

  Tension Between New Tort Reform Law and Direct Action Statute

  • July 27, 2020
  • By Brent Maggio

  The Louisiana Direct Action Statute, La. Rev. Stat. 22:1269, generally allows Plaintiffs to sue its insurance company and another’s insurance company directly when the policy is written or delivered upon in Louisiana, or when the accident occurs in Louisiana. The Plaintiff must name both the insured and the insurer; however, when certain circumstances exist, the […]

• Business 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 […]

• Business 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), […]

• Business 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 […]

• Business Litigation

  Third Circuit’s Requirements for Adjusting Workers’ Compensation Claims in Louisiana

  • March 13, 2017
  • By Allen & Gooch

  In the recent Third Circuit case, Broussard v. Dillards’ Department Stores, Inc., the Court issued a ruling that effects the manner in which all workers’ compensation insurers are required to handle workers’ compensation claims in Louisiana.  — So. 3d —, (La App. 3 Cir. 02/15/17) 2017 WL 606769. The issue was brought before the Third […]

• Business 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; […]

• Business Litigation

  Invalid UM Selection Form May Supersede Previous Forms

  • May 11, 2016
  • By Allen & Gooch

  A recently decided First Circuit Case has held that an insurer may not “pick and choose” which UM Selection Form to enforce. In the particular case, the insurer first argued that a 2009 UM Selection Form precluded recovery under a UM Policy. It was ultimately determined that issues of fact remained as to whether UM […]

• Business Litigation

  Discoverability of Accident Reports

  • May 9, 2016
  • By Allen & Gooch

  In a previous blog articles, 10 Items to Preserve After an Accident in a Company Vehicle and Best Practices for Documenting Slip and Fall Accidents, I discussed the importance of preserving information after an accident and creating accident reports. However, it is important to note that your reports may be discoverable by the adverse party. […]

• Business Litigation

  Spotting and Successfully Defending Claims Against Malingerers

  • May 4, 2016
  • By Allen & Gooch

  Patients who malinger, or exaggerate illness, can be a problem for health and claims management professionals. Malingering is defined by the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition-Text Revision (DSM-IV-TR) as the intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives such as avoiding work or military duty; […]

• Business 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.  […]