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Articles Posted in Insurance Dispute

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Trial Court Incorrectly Excludes Testimony of Patient’s Physician

Sometimes, a single witness can make the difference between winning and losing at trial. This is especially so when you are fighting for reasonable medical compensation. Since insurance companies generally try to give patients the least amount of money as possible, they look for all sorts of ways to do…

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Court Affirms Summary Judgment in Favor of Insurance Company in Gyrocopter Accident

Insurance policies are often complex and difficult to understand. However, especially when an insurance policy is at issue in a lawsuit, it is essential that you fully read and understand what the insurance policy covers in order to maximize your chance of recovery success, as well as understand the principles…

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Louisiana Court Rules for Motorist Alleging Insurance Companies Falsified or Forged Signatures

In today’s world, consumers are faced with increasingly complicated contracts and waiver forms for even the simplest transactions. These contracts not only have the potential to confuse consumers, but create an opportunity for corporate exploitation. The following case illustrates an example of the courts reaffirming protections for consumers over companies. …

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A Bad Fall at a Mardi Gras Ball in Kenner Causes Insurance Contract Dispute

A Mardi Gras Ball can be an exciting and fun event; however, when someone is injured, the mood turns from festive to fearful. If you were the one injured, from whom do you recover your damages? Can you even recover? If you are the organization, are you insured? Who will…

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Can A Land Based Accident be Covered by Maritime Insurance?

Insurance policy language is carefully crafted to limit the areas of coverage. A Ponchatoula area boating business tried and failed to extend their insurance policy coverage for accidents on the water to a land-based crane accident. So what happens when you try to cover a land based accident with maritime…

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Insurance Company Refuses Liability in Hit & Run Due to Straw Purchase

Comedian Chris Rock once famously opined that insurance should be renamed, “In-case-of.” You pay for insurance every month “in case of” some unfortunate circumstance occurring. Well, you better have access to an excellent attorney “in case of’ the other driver not having the insurance, or even the car, in his…

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Louisiana Appellate Court Reverses Workers’ Compensation Case because Evidence was not Properly Admitted

Dot your i’s and cross your t’s. We’ve heard it since kindergarten. Yet, sometimes it is easy to forget the basics when a case seems to be open-and-shut. In 2003, Mr. JL, an East Baton Rouge employee of Landis Construction Company (“Landis”), was injured on the job. Landis’ insurance carrier,…

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Bienville Parish Auto Accident Raises Question of Vicarious Liability

Imagine you are driving home from work and you collide with another vehicle. Would your employer be liable for the damages? For most commuters, the employer is not accountable for any accidents that occur on the way to or from the place of work and the employee’s residence. But in…

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Louisiana Appeals Court Upholds Named Driver Exclusion for Named Insured in DWI Collision

Louisiana, like most states, requires drivers to maintain liability insurance (or less commonly, a liability bond or certificate of self-insurance) to legally operate a motor vehicle. In 1992, an amendment to this law explicitly allowing insurance companies to offer “named driver” exclusions in their policies, which allowed an insured the…

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Man Denied Disability Benefits Barred from Filing Lawsuit Against Insurance Company in Louisiana

Whether we like it or not, bureaucracy pervades our lives. A failure to follow a single step of an administrative task can have far-reaching consequences. This is especially so when dealing with an insurance company. The case of Dr. James Moss is an example. Dr. Moss, a Shreveport urologist, suffered…

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