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La. 4th Cir. Reverses Plaintiff’s Award of Penalties from Alleged Failure to Pay Settlement Agreement Within Statutory Period

La. R.S. 22:1973B(2) assesses penalties to an insurance company who fails to pay a settlement within 30 days after an agreement is written. In a recent case, Smith v. Bambino, the Fourth Circuit discussed when and under what circumstances will commence the 30-day period. Th defendant, Bambino, who was driving in New Orleans with the

Read More »
April 18, 2011 No Comments

Hurricane Katrina Case Allowed to Move Forward

On August 29, 2005, Hurricane Katrina devastate much of the Gulf Coast, prompting the Louisiana Legislature to enact Acts 2006, which extended the prescriptive period within which insured’s were allowed an additional year to file certain claims under their insurance policies for losses incurred by the storms. Despite many insurance contracts granting only one year

Read More »
April 17, 2011 No Comments

Chemical Release Ruling a Helpful Guide for Recent Spills/Leaks

In Oakdale, Louisiana, on March 8th, 2000, a pressurized tank owned by Arizona Chemical Co., Inc., containing a heat transfer fluid over-heated. The tank had a safety shut off valve which failed, resulting in the short-term release of chemical vapor into the air. The vapor, containing biphenyl and phenyl oxide, drifted toward the home of

Read More »
April 1, 2011 No Comments

DePuy Settlements May Offer Spectrum of Opportunities for Recovery

Nearly ten years ago, consumers sued Sulzer Medica for producing defective hip and knee implants. The company ultimately settled with the affected parties. Although the underlying facts of the Sulzer Medica litigation are technically different from those of DePuy, the Sulzer Medica outcome is nevertheless instructive. If anything, the outcome of the Sulzer Medica recall

Read More »
March 27, 2011 No Comments

Chinese Drywall Claims Continue as Thousands Still Face Problems

In a recent decision, a Palm Beach County, Florida, judge ruled that because homebuilders did not manufacture the defective drywall that eventually caused damage to homes, and because they were not within the “chain of distribution,” they could not be held strictly liable for the alleged defects. Strict liability would make it easier for a

Read More »
March 25, 2011 No Comments

Court of Appeals Affirms Policyholder’s Rejection of UMBI Coverage

The Second Circuit Court of Appeal recently affirmed the rejection of Uninsured Motorist coverage from his mother’s automobile insurance, effectively denying him that kind of coverage for an accident where he was hit by another driver. 21-year-old Michael Tillman was driving his 1995 Dodge Ram pickup truck when he was struck from behind by Tommy

Read More »
March 23, 2011 No Comments

LA Supreme Court Disregards Exclusion for Automobile Business in Liability Policy

The Louisiana Supreme Court decided a case recently which undercuts a major exclusion of many automobile insurance policies because it conflicts with what the State Legislature announced was in the best interest of the public. Many such policies contain various exclusions from coverage, including the one litigated over here: automobile business. Sensebe v. Canal involved

Read More »
March 21, 2011 No Comments

Bossier Parish Police Jury Ordered to Repair Faulty Pipes

A recent ruling by the Second Circuit Court of Appeal for the State of Louisiana ordered the Bossier Parish Police Jury to repair the pipes running under the land that the plaintiffs, Steven and Melanie Petchak, own in Bossier Parish. It was also ordered to pay damages to the plaintiffs for damage to their house.

Read More »
March 15, 2011 No Comments

Natchitoches Parish House Fire Ignites Dispute Over Insurance Coverage

In a recent post, we reviewed the Nolan v. Mabray case which discussed the requirement under Louisiana law that an insurance company must mail a written notice of its intent not to renew an existing policy at least thirty days prior to the policy’s expiration. La.R.S. 22:636.6. The purpose of the notice is to provide

Read More »
March 3, 2011 No Comments

Jeffrey Berniard

Attorney Jeff Berniard, Licensed Louisiana Attorney and Founder of Berniard Law Firm

Jeffrey Berniard is a specialized injury attorney with over 21 years of experience fighting for Louisiana families.

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Archives

La. 4th Cir. Reverses Plaintiff’s Award of Penalties from Alleged Failure to Pay Settlement Agreement Within Statutory Period

April 18, 2011 No Comments

La. R.S. 22:1973B(2) assesses penalties to an insurance company who fails to pay a settlement within 30 days after an agreement is written. In a recent case, Smith v. Bambino, the Fourth Circuit discussed when and under what circumstances will commence the 30-day period. Th defendant, Bambino, who was driving in New Orleans with the

Read More »

Hurricane Katrina Case Allowed to Move Forward

April 17, 2011 No Comments

On August 29, 2005, Hurricane Katrina devastate much of the Gulf Coast, prompting the Louisiana Legislature to enact Acts 2006, which extended the prescriptive period within which insured’s were allowed an additional year to file certain claims under their insurance policies for losses incurred by the storms. Despite many insurance contracts granting only one year

Read More »

Chemical Release Ruling a Helpful Guide for Recent Spills/Leaks

April 1, 2011 No Comments

In Oakdale, Louisiana, on March 8th, 2000, a pressurized tank owned by Arizona Chemical Co., Inc., containing a heat transfer fluid over-heated. The tank had a safety shut off valve which failed, resulting in the short-term release of chemical vapor into the air. The vapor, containing biphenyl and phenyl oxide, drifted toward the home of

Read More »

DePuy Settlements May Offer Spectrum of Opportunities for Recovery

March 27, 2011 No Comments

Nearly ten years ago, consumers sued Sulzer Medica for producing defective hip and knee implants. The company ultimately settled with the affected parties. Although the underlying facts of the Sulzer Medica litigation are technically different from those of DePuy, the Sulzer Medica outcome is nevertheless instructive. If anything, the outcome of the Sulzer Medica recall

Read More »

Chinese Drywall Claims Continue as Thousands Still Face Problems

March 25, 2011 No Comments

In a recent decision, a Palm Beach County, Florida, judge ruled that because homebuilders did not manufacture the defective drywall that eventually caused damage to homes, and because they were not within the “chain of distribution,” they could not be held strictly liable for the alleged defects. Strict liability would make it easier for a

Read More »

Court of Appeals Affirms Policyholder’s Rejection of UMBI Coverage

March 23, 2011 No Comments

The Second Circuit Court of Appeal recently affirmed the rejection of Uninsured Motorist coverage from his mother’s automobile insurance, effectively denying him that kind of coverage for an accident where he was hit by another driver. 21-year-old Michael Tillman was driving his 1995 Dodge Ram pickup truck when he was struck from behind by Tommy

Read More »

LA Supreme Court Disregards Exclusion for Automobile Business in Liability Policy

March 21, 2011 No Comments

The Louisiana Supreme Court decided a case recently which undercuts a major exclusion of many automobile insurance policies because it conflicts with what the State Legislature announced was in the best interest of the public. Many such policies contain various exclusions from coverage, including the one litigated over here: automobile business. Sensebe v. Canal involved

Read More »

Bossier Parish Police Jury Ordered to Repair Faulty Pipes

March 15, 2011 No Comments

A recent ruling by the Second Circuit Court of Appeal for the State of Louisiana ordered the Bossier Parish Police Jury to repair the pipes running under the land that the plaintiffs, Steven and Melanie Petchak, own in Bossier Parish. It was also ordered to pay damages to the plaintiffs for damage to their house.

Read More »

Natchitoches Parish House Fire Ignites Dispute Over Insurance Coverage

March 3, 2011 No Comments

In a recent post, we reviewed the Nolan v. Mabray case which discussed the requirement under Louisiana law that an insurance company must mail a written notice of its intent not to renew an existing policy at least thirty days prior to the policy’s expiration. La.R.S. 22:636.6. The purpose of the notice is to provide

Read More »

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