Navigating an ERISA disability insurance claim through the courts can be a difficult task. The best ERISA disability isurance claim lawyers can help be your guide to ensure your rights are protected. The following case that arises out of the Federal Court system in New Orleans demonstrates the issues that can…
Articles Posted in Insurance Dispute
Louisiana Court of Appeal Finds Insurance Company’s Definition of Rental Vehicle Unlawful
When multiple auto insurance policies are involved after an auto accident it may be difficult to tell which one is controlling. When a mother’s car broke down she borrowed a car from a friend to take her children to daycare. While on the way to drop her kids off she…
Regular Use Exclusion in Louisiana Insurance Policy Prevents Plaintiff’s Recovery
Generally, a driver who is insured for a vehicle they own will remain insured if they use a vehicle they don’t normally use. To limit this, insurance policies commonly contain a regular use exclusion, which will exclude an insurance company from liability when the insured driver uses another vehicle they…
Louisiana Court Distinguishes between “Insurance Claim” and “Court Judgment”
When plaintiffs sue based upon statutes, legal decisions often hinge upon how the statute is interpreted. In many cases, this can depend on how the court interprets the meaning of a single word within the statute. In order to interpret legal statutes, courts employ a process known as statutory construction.…
When Can an Insurance Company’s Bad Faith Handling in Auto Accident Claim Lead to Penalties?
Automobile accidents can be terrifying experiences. Severe automobile accidents that involve injuries can be truly devastating and life altering. In the event one is injured in an automobile accident, he/she has several options available to him/her in obtaining compensation for his/her losses. More specifically, one may have a claim against…
Louisiana Insurance Dispute Highlights Complexities of Concursus Proceedings
Concursus proceedings can be complicated. In a concursus proceeding, multiple parties assert competing claims to money or property. La. C.C.P. art. 4651. These types of proceedings are designed to free the court from the burden of dealing with multiple lawsuits. As a party to a concursus proceeding, you assert your…
Louisiana Court Finds Medicaid to Be “Other Insurance” Under Revised Statutes
A car accident can create a significant change in one’s life. If nothing else, it can generate a large monetary cost that will be difficult to repay. Automobile insurance, which each person must have to a certain extent, can help with this cost. Other sources like governmental benefits may be…
Summary Judgment Order Leaves Injured Louisiana Driver Without Uninsured Motorist Coverage
In Louisiana, uninsured motorist coverage is mandatory. It seeks to protect drivers from motorists with no or insufficient liability coverage to pay for the damage they cause in accidents. In Louisiana, uninsured motorist coverage guarantees that anyone who purchases insurance on their car will automatically benefit from uninsured motorist coverage…
Louisiana Court of Appeal Holds Auto Insurance Provision in Violation of Public Policy
Kenneth White’s road trip from Monroe to Shreveport, Louisiana wasn’t exactly uneventful. The Monroe man was involved in a traffic accident that led to a legal battle between insurance companies. White’s insurance dispute led to a significant change in the law, as the Court of Appeal held that a major…
Court of Appeals Rules Electronic Signature Valid for Uninsured Motorist Coverage Rejection
How familiar are you with your motorist insurance policy? Are you fully covered for uninsured/underinsured motorist coverage? In Louisiana, uninsured motorist coverage protects you if you’re in an accident with an at-fault driver who doesn’t carry liability insurance. Underinsured motorist coverage, on the other hand, steps in when you’re in…