Practice: Insurance & Casualty Litigation

• Insurance & Casualty 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; […]

• 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

  Adverse Presumption Awarded for Breaching Duty to Preserve Evidence

  • April 11, 2016
  • By Allen & Gooch

  Recently, in Sayre v. PNK (Lake Charles), LLC, 2015-859 (La. App. 3 Cir. 3/23/16), the Third Circuit recently reversed a trial court’s refusal to provide a jury charge which included instructions that a party’s failure to preserve evidence within their control would give rise to a presumption that said evidence would be adverse to their […]

• Insurance & Casualty Litigation

  Bad Faith Claims in Mississippi Could Affect Other Jurisdictions

  • March 30, 2016
  • By Allen & Gooch

  Mississippi Bad Faith Claims Can Affect Employers and Carriers in Other jurisdictions With companies operating in multiple states, navigating interstate laws has become increasingly tricky. This is especially true in the worker’s compensation arena where an employer can be sued for benefits in its state of operation, the state where the injury occurred, or the […]

• Insurance & Casualty Litigation

  Drone Usage Integrated into Business Models

  • March 16, 2016
  • By Allen & Gooch

  With the Notice of Proposed Rulemaking by the FAA for unmanned aircraft systems (UAS), more commonly known as drones, in February 2015, many industries are poised to integrate this technology into their business models. Media attention has focused on the entertaining notions of Amazon and pizza deliveries, but other industries, specifically the energy and insurance […]

• Insurance & Casualty Litigation

  Best Practices for Documenting Slip and Fall Accidents

  • February 1, 2016
  • By Allen & Gooch

  While we all work to prevent falls, accidents still occur.  Often these unfortunate events can lead to litigation. What should you do when a slip and fall occurs on your property or at your workplace? Here are some steps to ensure that available defenses are preserved and that your attorney has the information needed to […]

• Insurance & Casualty Litigation

  Statutorily Limiting Liability in Certain Vessel Lawsuits

  • January 27, 2016
  • By Alan Stewart

  Under the federal Limitation of Liability Act of 1851 (“the Act”), owners of vessels (and, occasionally, charterers of vessels) can sometimes limit their exposure in vessel-related cases to “the value of the vessel and pending freight.”  See 46 U.S.C. §§ 30501 et seq.  If a vessel has multiple owners, any owner’s liability will not exceed […]

• Insurance & Casualty Litigation

  Drone Registration and Liability – Did Santa bring you a lawsuit for Christmas?

  • January 5, 2016
  • By Allen & Gooch

   Legal Implications of Drone Use Many children (and children at heart) woke up on Christmas morning to find a drone under the tree. But did you know that you may have to register your drone with the federal government? Drone Registration Effective December 21, 2015, any drone weighing 0.55 pounds or more must be registered […]

• Insurance & Casualty Litigation

  Uber update: Ride Sharing Service Faces New Claims and Regulations

  • November 30, 2015
  • By Allen & Gooch
  

  In my previous blog article, Uber Opens in New Orleans Despite Uncertain Legal Implications, I discussed a San Francisco case filed against Uber following a tragic accident in which a six year old girl was killed. The parties in the case have since reached a confidential settlement agreement, leaving many of the questions raised my […]

• Insurance & Casualty Litigation

  Uber opens in New Orleans despite uncertain legal implications

  • November 12, 2014
  • By Allen & Gooch
  

  On September 19, 2014, Uber began operating its Black and SUV services in New Orleans welcoming the Saint’s defensive end, Cam Jordan as its first passenger. Uberx has been operating in Baton Rouge since July 2014, and Baton Rouge Council members recently approved a temporary contract which allows Uber to service the Metro airport. Uber […]