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Articles Posted in Insurance Dispute

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Lack of Substantial Evidence for Denial of Severance Pay Leads to Payment in Case Out of Baton Rouge

When employees are fired they can often be entitled to benefits upon termination; including money payments to act as a substitute salary while the terminated employee searches for another job. While there is no federal requirement in the United States for an employer to offer severance pay, many do as…

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Homeowners Recover Full Amount of Wood Floor Damages and Home Insurance Company is Sanctioned for Delay

When a natural disaster strikes the issue of insurance comes to the forefront. What can a homeowner do when their home is damaged but the insurance company delays and fails to pay? That was the case when a Kenner, Louisiana, couple had their wood floors ruined by Hurricane Isaac. After…

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Driver Excluded From Full Liability Coverage May Still Be Covered Under Uninsured Motorist Provision

Louisiana has laws in place requiring drivers to carry car insurance. However, insurance policies are not uniform and some policies may contain ambiguities or be silent altogether on specific issues. The following case illustrates such a scenario. Jeremy Elliot was a service technician working for a Mercedes-Benz dealership in Baton…

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Insurance Company Attempts To Deny Coverage But Attorney Fails To Follow Proper Procedure

When you let a friend borrow your car you probably don’t give much thought to who’s insurance policy would cover any potential accidents. Insurance policies contain many loopholes that can exclude coverage when an accident occurs. The following case out of Lafayette, discusses the problems that can arise when a…

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“Watch Out, Slugger!” Errant Baseball Cost Insurance Provider More Than Policy’s Time Limits in Case Out of Lafayette Parish

Peanuts and cracker jacks are two cornerstones of the game of baseball.  However, surgery is not. Yet, when one little leaguer got struck by a baseball during practice, the league’s insurer tried to get out of picking up some of his medical bills. The Louisiana Third Circuit Court of Appeal,…

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Employer’s Workers’ Compensation Insurance Provider’s Policy Cancellation Denies St. Tammany Parish Man’s Workers’ Compensation Claim

It’s always bad when you get injured. But it is even worse when you have no insurance coverage for that injury. Recently, a St. Tammany Parish man experienced both incidents when he was injured on the job and realized that his employers were not covered by workers’ compensation insurance. After…

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St. John the Baptist Parish Enjoys Absolute Immunity from Residents’ Class Action Lawsuit for Damages Sustained in Hurricane Isaac

The government owes a duty to its citizens to serve their best interests. But what happens when the government breaches that duty? Can we, as citizens, sue our government for perceived wrongs it has committed? Can we recover damages? This is an especially critical issue when it comes to a…

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Insurance Company Not Required to Defend Lawsuit for Intentional Acts in Defamation Case Out of Caddo Parish

Does your homeowner’s insurance policy include coverage for libel or slander?  We all make inappropriate comments and write negative reviews online from time to time.  But what if you are sued for something you say or write? In a recent case out of Caddo Parish, Louisiana a dentist learned that…

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Read the Fine Print, Louisiana Court Finds Company Falls With Subrogation Waiver

One of the least know parts of a personal injury suit occurs after trial or settlement. It’s called subrogation. Subrogation is the reimbursement of third parties for payments made relating to an accident. Many times, a subrogation claim is made by the injured’s own vehicle insurance provider or by the…

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Louisiana Court Finds Commercial Liability Insurer Owed No Duty to Defend

Inherent in most insurance contracts is an insurer’s duty to defend its insured against certain lawsuits. Part of this duty requires the insurer to pay for all legal costs and other fees related to a particular lawsuit. In a commercial general liability (“CGL”) context, business owners often rely on an…

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