Louisiana Court Upholds Insurer’s Position in Uninsured Motorist Claim Dispute

In a recent ruling, the Louisiana Court of Appeal, Third Circuit, affirmed a trial court’s decision denying Amanda Bertrand’s claim for penalties and attorney fees against her underinsured/uninsured motorist (UM) insurer, Progressive Security Insurance Company. The case stemmed from a dispute over the timeliness of Progressive’s payment following Ms. Bertrand’s demand for the limits of

September 14, 2024 No Comments

Fifth Circuit Court of Appeal Rules on Reasonableness of Forum Selection Clause

Most of us get into contracts, not fully understanding all the ins and outs of what we are signing. Similarly, the multiple provisions that can slither their way into contracts can include things like forum selection clauses which can be easily overlooked. But when a lawsuit erupts, can you argue a provision isn’t applicable? The

July 21, 2023 No Comments

City Cannot Claim Immunity For Hurricane Damage When Alleged Misconduct Predated Hurricane

Hurricanes can result in significant property damage, including flooding with contaminated water. When faced with such a situation, homeowners may wonder if they have a viable lawsuit against the responsible parties, such as the company responsible for the contaminants or the city involved in managing the wastewater system. The following case sheds light on the

June 27, 2023 No Comments

Hurricane Katrina Victim Finds Favor in the Louisiana Courts

Hurricanes do not discriminate. Regardless of age, wealth, gender, health, or race, hurricanes are merciless to all they come in contact with. Such was the case for Ms. Taylor, who experienced the wrath of Hurricane Katrina in 2005. Ms. Taylor had been in the care of Touro Infirmary when Hurricane Katrina struck the state of

June 22, 2023 No Comments

Careful Review of Home Insurance Policy Crucial

It is extremely important to review your home insurance policy to determine what types of damages the policy will actually cover, especially in areas prone to suffer from hurricane damages. Under Louisiana law, the insured individual is required to first prove that the insurance policy covers the cause of the claim. For example, if

July 14, 2014 No Comments

Hurricane Lawsuits Demonstrate Value of Proper Representation

In the aftermath of Hurricanes Katrina and Rita, the Louisiana legislature set deadlines for the filing of claims for damages resulting from the hurricanes. These dates were September 1, 2007 for claims of damage resulting from Hurricane Katrina and October 1, 2007 for claims of damage resulting from Hurricane Rita. Any claims filed beyond these

October 27, 2013 No Comments

An Examination of Interlocutory Appeals and Collateral Order Doctrine

In April 2010, an offshore drilling rig, the Deepwater Horizon, exploded and sank into the Gulf of Mexico. Eleven workers died and crude oil from the well spilled into the Gulf for months after the accident. The result was a mass of litigation involving multiple defendants. In order to deal with the extensive facts and

October 15, 2013 No Comments

Experts a Valuable Resource in Hurricane Damage Insurance Litigation

Years after Hurricane Rita, which hit in September 2005, those who have had their homes damaged are still dealing with cleaning up the wreckage and rebuilding. Litigation involving insurance companies is still particularly prominent. One couple from Lake Charles, Louisiana knows about this type of litigation all too well. The couple had homeowners insurance through

August 19, 2013 No Comments

Plain Language of the Insurance Policy Trumps Follow Form Rules

“An insurance policy is a contract between the parties and should be construed using the general rules of interpretation of contracts set forth in Civil Code.” As such, the courts generally try to confine their analysis of an insurance agreement to the language within the contract. They try to determine the common intent of the

June 30, 2013 No Comments

Certification and Settlement in Katrina/Rita Class Action Claims

The settlement in Orrill v. Louisiana Citizens Fair Plan demonstrates some of the hurdles faced by class action litigants and the benefits of having experienced class counsel. In that case, Katrina and Rita victims sought statutory penalties for their insurers’ failure to pay claims within the 30 days required by statute. The long history of

June 7, 2013 No Comments

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Search Our Legal Knowledge Base

Louisiana Court Upholds Insurer’s Position in Uninsured Motorist Claim Dispute

Fifth Circuit Court of Appeal Rules on Reasonableness of Forum Selection Clause

City Cannot Claim Immunity For Hurricane Damage When Alleged Misconduct Predated Hurricane

Hurricane Katrina Victim Finds Favor in the Louisiana Courts

Careful Review of Home Insurance Policy Crucial

Hurricane Lawsuits Demonstrate Value of Proper Representation

An Examination of Interlocutory Appeals and Collateral Order Doctrine

Experts a Valuable Resource in Hurricane Damage Insurance Litigation

Plain Language of the Insurance Policy Trumps Follow Form Rules

Certification and Settlement in Katrina/Rita Class Action Claims

Jeffrey Berniard

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