You have just been involved in a car accident. Someone else was driving, and you bring suit against them and several insurance companies that are involved. But who has the burden of proof to prove how much you should be able to recover from the insurance companies? In Louisiana, that burden is on the plaintiff.
Do you drive an automobile insured through an employer? How well do you know the policy? It’s possible that you aren’t covered as well as you think. The petitioners of Broussard v. Progressive Sec. Ins. Co. were merely seeking coverage compensation after a seemingly simple traffic accident in Maurice, Louisiana. They ended up in court
Uninsured motorist (UM) coverage protects drivers from individuals not carrying sufficient insurance. The importance of such coverage makes waiving it a somewhat complicated procedure, designed to make sure the driver truly does not want it. A case in Abbeville, Louisiana, illustrates the complexities of when corporations waive UM coverage on company automobiles. Plaintiff James Bergeron
Summary judgment is a mechanism used when one party clearly deserves to win the case based on either issues of fact or law. That is, the parties agree to facts and those facts point to a clear winner of the case when the correct laws are applied. Summary judgment helps cases move quickly through the
In the summer of 2007, a woman was dining at a hotel restaurant in Alexandria, LA, when she was injured, allegedly by the restaurant’s negligence. Exactly one year later the aggrieved, Ms. Holmes, filed suit, naming Choice Hotels, Inc. as the defendant. Within weeks Choice Hotels responded, asserting it had no connection whatsoever with the
In continuing the last post, an automobile accident took place where a variety of damages awarded to the plaintiff were mitigated by the allocation of fault. After the court of appeals reversed the allocation of fault and rendered that Mr. Artigue was 100% at fault, the court addressed four remaining assertions of error. Ms. Richard
The Federal National Flood Insurance Program (“NFIP”) is a federal program that allows homeowners to protect against flooding because most homeowners insurance does not cover flooding (You can check out their website here). It is offered to homeowners, renters and some business owners. The federal government works with private insurance companies to encourage them to
Even in 2012, issues regarding Hurricane Katrina, which occurred in 2005, are still prevalent. Insurance companies are particularly affected by Katrina, and they are still attempting to sort out many claims. Some of the contract claims that are still moving through the courts are somewhat unique. For example, contracts occasionally have provisions where both parties
In order to hear a claim a court must have jurisdiction over the matter. Essentially, that means that the court must be legally able to hear the case. For example, some courts are only legally allowed to hear certain types of cases, like the Tax Court, which only hears tax cases. In addition, some courts
NOLA 180 (“NOLA”), a non-profit corporation, was the manager of Langston Hughes Academy Charter School. Kelly Thompson, the Financial Officer of Langston Hughes, was found guilty in federal court of embezzling $667,000 from NOLA, in order to finance her gambling habit. Subsequently, NOLA filed suit against Jazz Casino, alleging that it “substantially participated in and
Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.