Tag: Burden of Proof

• 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

  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 […]

• Workers' Compensation

  Workers Compensation Defense: the Unwitnessed Accident

  • October 8, 2013
  • By Allen & Gooch

  What should an employer do in a Workers Compensation defense case where there are no witnesses to corroborate the employee’s story of an accident?