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Exploring the Standard for Recovering Penalties From an “Arbitrary and Capricious” Insurer

Uninsured/Underinsured Motorist (UM) coverage is designed to protect a policyholder against injury or loss inflicted by another driver who has inadequate insurance or no insurance coverage at all. Louisiana statute provides that “an insurer owes to his insured a duty of good faith and fair dealing,” which includes fairly and promptly settling claims with the

Read More »
December 19, 2011 No Comments

Calcasieu Parish May Be Liable For Damages Resulting from Failure to Ensure Drainage After Hurricane

Governments traditionally were immune from lawsuit. That has changed. In certain circumstances, governments may be held liable for the damage they cause. A coulee flooded homes in Lake Charles after Hurricane Rita, although the area is protected by a drainage district that operates pumps and pipes to ensure drainage. The Louisiana Court of Appeal affirmed

Read More »
November 17, 2011 No Comments

No Attorney’s Fees for Derry Man After Insurance Dispute

When one is successful on a claim against an insurance company the payment of the claim is expected to be prompt. Any delay in payment could result in the court imposing a penalty against the insurance company. In most, if not all, cases this penalty takes the form of court costs and attorney’s fees. But

Read More »
November 11, 2011 No Comments

Insurance Company Taken to Task for Poor Handling Claims

It is well settled under Louisiana law that insurers owe a duty of “good faith and fair dealing” to their customers. Each insurance company is required to adjust claims in a fair and prompt manner and to make reasonable efforts to settle claims when possible. La. R.S. 22:1973 establishes that damages may be awarded against

Read More »
November 3, 2011 No Comments

Berniard Law Firm Files Class Action Lawsuit Against New Orleans Hotel

Louisiana’s Unfair Trade Practices and Consumer Protection Act seeks to prevent businesses in the state from engaging in “unfair or deceptive acts and practices” or “unfair methods of competition” when doing business with customers. The law allows anyone who falls victim to such practices to file a civil action against the perpetrator and recover treble

Read More »
November 1, 2011 No Comments

Appeal Violates Louisiana Statute, Policy for Judicial Effectiveness

“Judgment” may sound very final but not every judgment has such gravitas. Only final judgments are appealable under Louisiana law. When Doug Selman Builders, LLC. appealed the judgment against it in Webster v. Doug Selman Builders, LLC., it violated the legislature’s restriction on appeals. The defendant was accused of defectively constructing the home that the

Read More »
October 17, 2011 No Comments

U.S. 5th Circuit Court of Appeals Clarifies Retroactive Renewal of Flood Insurance

Those living in low-lying areas and near rivers often seek, and often obtain, flood insurance. Many of the policies granted come from insurance providers that have opted into the National Flood Insurance Program (NFIP). Under this program, property owners are issued flood insurance through the Federal Emergency Management Agency (FEMA). The federal government, in an

Read More »
October 3, 2011 No Comments

Nuances of Insurance Policies Crucial When Pursuing Coverage

When litigation involves multiple parties, all of which are big national or international organizations, there is a higher likelihood that something is going to end up in the litigation process. The unfortunate nature of insurance coverage is that companies will try to find little nuances to try to argue their case, or will add little

Read More »
September 27, 2011 No Comments

The Importance of Defining Terms in a Contract

The terms in a contractual agreement between parties can have the effect of changing entire meanings of contracts. This is especially true in more complex litigation and more complex business agreements. If a business agreement requires the participation of multiple partners or parties, an ambiguously defined contract can have the effect of increasing the amount

Read More »
September 23, 2011 No Comments

The Delicate Nature of Lawyer Malpractice

Lawyers are professionals and are held to a certain standard of care by the law due to the delicate nature of their work. A lawyer is not required to win every case he or she takes – such a standard would be impractical and impossible to maintain. However, a lawyer must advocate to the best

Read More »
September 17, 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

Exploring the Standard for Recovering Penalties From an “Arbitrary and Capricious” Insurer

December 19, 2011 No Comments

Uninsured/Underinsured Motorist (UM) coverage is designed to protect a policyholder against injury or loss inflicted by another driver who has inadequate insurance or no insurance coverage at all. Louisiana statute provides that “an insurer owes to his insured a duty of good faith and fair dealing,” which includes fairly and promptly settling claims with the

Read More »

Calcasieu Parish May Be Liable For Damages Resulting from Failure to Ensure Drainage After Hurricane

November 17, 2011 No Comments

Governments traditionally were immune from lawsuit. That has changed. In certain circumstances, governments may be held liable for the damage they cause. A coulee flooded homes in Lake Charles after Hurricane Rita, although the area is protected by a drainage district that operates pumps and pipes to ensure drainage. The Louisiana Court of Appeal affirmed

Read More »

No Attorney’s Fees for Derry Man After Insurance Dispute

November 11, 2011 No Comments

When one is successful on a claim against an insurance company the payment of the claim is expected to be prompt. Any delay in payment could result in the court imposing a penalty against the insurance company. In most, if not all, cases this penalty takes the form of court costs and attorney’s fees. But

Read More »

Insurance Company Taken to Task for Poor Handling Claims

November 3, 2011 No Comments

It is well settled under Louisiana law that insurers owe a duty of “good faith and fair dealing” to their customers. Each insurance company is required to adjust claims in a fair and prompt manner and to make reasonable efforts to settle claims when possible. La. R.S. 22:1973 establishes that damages may be awarded against

Read More »

Berniard Law Firm Files Class Action Lawsuit Against New Orleans Hotel

November 1, 2011 No Comments

Louisiana’s Unfair Trade Practices and Consumer Protection Act seeks to prevent businesses in the state from engaging in “unfair or deceptive acts and practices” or “unfair methods of competition” when doing business with customers. The law allows anyone who falls victim to such practices to file a civil action against the perpetrator and recover treble

Read More »

Appeal Violates Louisiana Statute, Policy for Judicial Effectiveness

October 17, 2011 No Comments

“Judgment” may sound very final but not every judgment has such gravitas. Only final judgments are appealable under Louisiana law. When Doug Selman Builders, LLC. appealed the judgment against it in Webster v. Doug Selman Builders, LLC., it violated the legislature’s restriction on appeals. The defendant was accused of defectively constructing the home that the

Read More »

U.S. 5th Circuit Court of Appeals Clarifies Retroactive Renewal of Flood Insurance

October 3, 2011 No Comments

Those living in low-lying areas and near rivers often seek, and often obtain, flood insurance. Many of the policies granted come from insurance providers that have opted into the National Flood Insurance Program (NFIP). Under this program, property owners are issued flood insurance through the Federal Emergency Management Agency (FEMA). The federal government, in an

Read More »

Nuances of Insurance Policies Crucial When Pursuing Coverage

September 27, 2011 No Comments

When litigation involves multiple parties, all of which are big national or international organizations, there is a higher likelihood that something is going to end up in the litigation process. The unfortunate nature of insurance coverage is that companies will try to find little nuances to try to argue their case, or will add little

Read More »

The Importance of Defining Terms in a Contract

September 23, 2011 No Comments

The terms in a contractual agreement between parties can have the effect of changing entire meanings of contracts. This is especially true in more complex litigation and more complex business agreements. If a business agreement requires the participation of multiple partners or parties, an ambiguously defined contract can have the effect of increasing the amount

Read More »

The Delicate Nature of Lawyer Malpractice

September 17, 2011 No Comments

Lawyers are professionals and are held to a certain standard of care by the law due to the delicate nature of their work. A lawyer is not required to win every case he or she takes – such a standard would be impractical and impossible to maintain. However, a lawyer must advocate to the best

Read More »

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