Tag: Liability Insurance

• 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

  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 […]

• 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 […]

• General Liability

  Drone Regulations Up in the Air

  • March 7, 2016
  • By Allen & Gooch

  Unmanned airships (UAS) also known as drones are rapidly becoming a part of our daily lives in both the recreational and commercial context. In March, 2015, the FAA recently relaxed regulations, allowing additional exemptions to commercial uses for drones.  A party seeking commercial use can now more easily obtain a Section 333 exemption, which states […]

• General Liability

  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 […]

• Maritime Casualty

  Recovery of Punitive Damages by Seamen in the Eastern District of Louisiana

  • January 11, 2016
  • By Allen & Gooch

  The availability of punitive damages for seamen has historically been a murky issue.  District courts are still attempting to decipher U.S. Supreme Court and Fifth Circuit jurisprudence to determine when punitive damages are available under the Jones Act and general maritime law.   Judges and jurists first look to the U.S. Supreme Court’s opinion in […]

• 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

  Anti-indemnity Provisions of Motor Carrier Transportation Agreements

  • January 22, 2014
  • By Allen & Gooch
  

  Louisiana law invalidates certain provisions in motor carrier transportation agreements. With certain limitations, Louisiana Revised Statute (“La. R.S.”) 9:2780.1 invalidates two potential provisions of motor carrier transportation agreements entered into after January 1, 2011.  First, La. R.S. 9:2780.1 invalidates any provision within a motor carrier transportation contract which seeks to require one party to defend […]