Tag: Louisiana Supreme Court
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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 […]
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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; […]
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Professional Liability
Louisiana Courts Address Legal Malpractice Intentional Tort
- September 7, 2016
- By Allen & Gooch
In the wake of the Louisiana Supreme Court’s ruling in Lomont v Bennett, 172 So.3d 620 (La. 2015), courts across Louisiana are addressing the intentional tort provision(s) of La. R. S. 9:5605 in legal malpractice actions. Two recent Louisiana Federal Court cases touch on intentional tort/fraud. Lawyer’s agreement to settle malpractice claim with client […]
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Construction Law
La. Supreme Court – Contractor has no Professional Duty that Would Create Personal Liability
- January 5, 2016
- By Allen & Gooch
La. Supreme Court reverses Third Circuit In December 2014, the Third Circuit held that an individually-licensed contractor could be held personally liable to a homeowner under the professional duty exception to limited liability for LLC members. Nunez v. Pinnacle Homes, L.L.C., 2013-1302 (La. App. 3 Cir. 12/17/14), 158 So. 3d 71 writ granted, 2015-0087 (La. […]
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Workers' Compensation
Medical Treatment Guidelines Apply to all medical treatment after July 13, 2011
- May 16, 2014
- By Allen & Gooch
On May 7, 2014, The Supreme Court of Louisiana issued a decision holding that La. R.S. 23:1203.1 (AKA “Medical Treatment Guidelines”) apply to all requests for medical treatment made after July 13, 2011(the effective date of the statute), regardless of the accident date. The Supreme Court reviewed the facts of Church Mut. Ins. Co. v. […]
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Insurance & Casualty Litigation
Commercial General Liability Total Pollution Exclusion Endorsement
- April 15, 2014
- By Allen & Gooch
Commercial General Liability Total Pollution Exclusion Endorsement Will Not Apply to All Contact with Pollutants In its 2000 decision of Doerr v. Mobil Oil Corp., 774 So.2d 119 (La. 2000), the Louisiana Supreme Court reshaped the application of the Commercial General Liability Total Pollution Exclusion Endorsement, overruling its previous position expressed in Ducote v. Koch […]
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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?
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Business Litigation
LA Supreme Court Strikes Down Statutes Targeting Athletic Association
- April 5, 2013
- By Troy Broussard
In Louisiana High School Athletics Association, Inc. v. State, 12-1471 (La. 01/29/13), 107 So.3d 583, the Louisiana Supreme Court ruled that Title 17 statutes modifying the private athletic association’s corporate bylaws were unconstitutional special laws. The court further found that the association was not a public body subject to the Open Meetings Law. Finally, the court […]
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Insurance & Casualty Litigation
Louisiana Supreme Court Extends UM Coverage To Passengers
- March 13, 2013
- By Brent Carriere
The Louisiana Supreme Court, in Bernard v. Ellis, 11-2377 (La. 7/2/12), 111 So.3d 995, recently ruled that a guest passenger in an insured vehicle should be considered an insured for uninsured/underinsured (UM) coverage purposes. The ruling is based upon an application of Louisiana’s statutory omnibus clause, La. R.S. 32:900(B)(2), which mandates coverage for any person “using […]
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Professional Liability
3rd Circuit Upholds Medical Malpractice Cap for Nurse Practitioners
- May 15, 2012
- By William Parker
Medical Malpractice Cap Constitutional and Lower Courts Bound to Follow In Olivier v. Magnolia Clinic, 11-2132 (La. 3/13/12), 85 So. 2d 39, the Louisiana Supreme Court overturned a ruling by the Louisiana Third Circuit Court of Appeal holding that the $500,000 cap under the Medical Malpractice Act (MMA) was unconstitutional when applied to Nurse Practitioners. […]