Tag: Settlement

• Maritime Casualty

  Jones Act: Verbal Settlement Agreements May Be Binding

  • January 31, 2014
  • By Allen & Gooch
  

  When seeking enforcement of a settlement, a Jones Act employer bears the burden of proving that the seaman had “an informed understanding of his rights and full appreciation of the consequences of executing the release.”  See Borne v. A & P Boat Rentals No. 4, Inc., 780 F.2d 1254 (5th Cir. 1986). Courts consider the […]

• Insurance & Casualty Litigation

  Third-Party Claims: Unconditional Tenders Versus Offers Of Settlement

  • February 22, 2013
  • By Brent Carriere

  Requirements for Third-Party Claims Insurance companies should remember that under La. R.S. 22:1892, an insurer is only required to make an “unconditional” tender/payment to an insured, not to a third-party claimant. The only duty imposed on insurers by La. R.S. 22:1892 with regard to third-party claims is to make a “written offer to settle” any […]