Tag: Unconditional Tender
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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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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 […]