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Articles Posted in Insurance Dispute

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Actual Notice Exempts Condominium Association From Providing Insurance Coverage for Interior of Individual Condos

You hear it all the time and a good lawyer will tell you: don’t sign anything before reading it. Most people know this, but few people actually practice it. However, following this old adage can save you from many headaches and in the case of Mrs. Theodora Lourie it could…

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Insurers Owe No Duty to Defend Against Exempted Claims in Bollinger Shipbuilder Lawsuit

It seems rare in insurance coverage litigation for a court to wholeheartedly agree with an insurer that the coverage requested is not in fact provided for in the contract for insurance.  Yet, the U.S. Court of Appeals for the Fifth Circuit did just that, upholding a decision out of the…

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New Orleans Lawsuit Answers the Question of Who is Liable in Fire that Spreads Case

A fire at a building you own cannot only damage your property but others as well.  So what happens when a fire starts at your property and then quickly spreads to others, are you liable for their losses as well? The following case demonstrates what happens in court when a…

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Fire in Scott, Louisiana, Leads Appellate Court to Decide Commercial Insurance Contract Dispute

The case may have seemed simple enough to the courts at first: interpret a contract.  The main question in the case before the U.S. Court of Appeals for the Fifth Circuit was whether to apply the business’ projected income versus the actual income when calculating the coinsurance reward.  The Court…

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U-Haul and Fedex Trucks Collide, Claims Adjuster Repwest Makes a Quick Exit from Lawsuit

Renting a U-Haul truck can be a necessary burden when you are tasked with moving a lot of stuff from place to place. During the rental process you might be asked whether or not you want supplemental insurance policies.  But who do you sue when an accident happens?  In the following case…

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Does an Insurer’s “Duty to Defend” Extend to Pre-Lawsuit Settlements in Louisiana?

Has your business sought to avoid litigation over its insured business activities by negotiating an out of court settlement? Louisiana business Meyers Warehouse, Inc. (“Meyers) pursued this route assuming its insurer, Canal Indemnity Company (“Canal”), would join Meyers in settlement negotiations. However, to its surprise, Canal refused to participate in…

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New Orleans Business Insurance Claim Dispute Leads to Clarification of Requirements to Receive Payment

Insurance companies are coming under increasing pressure due to the recent proliferation of natural disasters in the United States. For an insurance company, navigating the boundary between legitimate and bad faith denial of claims can be a very risky business. However, courts are providing more and more guidance for insurers of companies who…

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New Orleans Homeowner’s Insurance Claim Denied Due to Proper Nonrenewal Procedure

In  order to file an insurance claim you first must have insurance coverage.  It’s important that you stay aware of the renewal dates for the continuation of coverage so that you do not end up losing out on critical insurance payments in times of crisis.  In certain situations it’s your…

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St. John the Baptist Parish Insurance Claim Lawsuit Discusses Prescription Deadlines

Hurricane Katrina wreaked havoc on Louisiana in 2005.  As a result of the storm insurance claim litigation continued on for years thereafter.  In Louisiana there are short deadlines for filing a lawsuit if you believe you were treated unfairly by your insurance company.  If you do not file your lawsuit on…

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New Orleans Car Accident Lawsuit Discusses Uninsured Motorist Coverage and Choice of Law

Insurance policies can be difficult to understand. Litigating disputes arising from insurance policies can be even more difficult because the court must look not only at the policy itself to decide the case but must also consider which state’s law to apply to the case. The complexity of insurance cases…

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