A rear-end collision in Opelousas has led to a demonstration on how complex lawsuits concerning insurance companies can be. The Third Circuit Court of Appeal reversed a trial court’s decision regarding damages suffered in the accident, focusing on the amount owed to the plaintiffs by two different insurance companies. The…
Articles Posted in Insurance Dispute
Louisiana First Circuit Highlights Burdens of Proof in Bringing or Opposing a Motion for Summary Judgment In Ascension Parish Lawsuit
When seeking legal relief, plaintiffs will face procedural hurdles during litigation. Defendants can and will often use procedural mechanisms to avoid liability for claims brought against them. This is the nature of the game, and skilled attorneys are masters of the rules governing the conduct of civil trials. Procedural law…
Louisiana’s No Pay, No Play Law Effects Not Only Car Owner but The Note Holder On As Well
In Louisiana the owners of motor vehicles are required by law to maintain a minimum amount of insurance in case of a collision. That’s the law and there is no getting around it. The rational behind it is simple, if you crash your car into someone else there needs to…
Arbitration Agreements and Louisiana’s Direct Action Statute Collide in East Baton Rouge Medical Malpractice Lawsuit
Louisiana is a “Direct Action State” which means that an injured party has the option to sue an insurer for coverage under someone else’s policy. See La. Rev. Stat. 22:1269. Therefore it’s permissible in Louisiana to name the insurance company of the tortfeasor when filing a lawsuit. An example: John…
Louisiana First Circuit Court of Appeal Tackles Questions of Amended Pleadings and Federal Jurisdiction
In bringing or defending against a lawsuit, an important question is which court should hear the merits of the dispute, a state court or a federal court. Any court hearing the lawsuit must have “jurisdiction”; the power to hear a particular dispute. Under 28 U.S.C. § 1332, titled “diversity jurisdiction”,…
What Are the Requirements to Prove an Insurance Policy was Cancelled in Louisiana?
If you are injured in a car wreck you typically look to the person who caused the accident and their insurance company to cover your damages. But what happens if the reckless driver’s insurance company claims they cancelled the insurance policy before the accident occurred? How can you determine whether…
Do I Have Uninsured or Underinsured Motorist Coverage In Louisiana?
Imagine you are in an accident with a negligent driver. You seek to recover from the negligent driver’s insurance company, only to discover that he or she does not carry any insurance. If you are in Louisiana, you are in luck. Louisiana’s uninsured motorist (“UM”) law protects drivers from the…
Court Throws Out Lafayette Parish Case As Plaintiff Fails To Deliver Service of Process Before Deadline
It is vital to know proper court procedures at the outset of litigation or else an otherwise valid claim might be thrown out of court without ever being heard. One prime example is the need to send initial court documents to a defendant within a set deadline (sending such documents,…
Appeals Court Upholds Jones Act Claim for Seaman Injured Off Gulf Coast
The Jones Act is a law that provides seamen the chance to bring personal injury suits against the owners and operators of vessels they are working on in cases where the owner or operator was negligent or in some other way at fault for the injury. One of the types…
The Limited Nature of Appeals Court Highlighted in New Orleans Case
Appeals courts are unique in two major respects: evidentiary requirements and standards of review. When cases are appealed, the evidentiary requirements are different at the appeals level than they were at the trial court level. For example, often the appeals court’s factual inquiry is limited to “the record,” or the…