When an employee is in an accident while driving the company’s car, is the company’s insurer liable? Generally, an employer is liable for employee accidents when driving a company car for employment duties. This can be difficult to determine in situations such as when an employee is on call and…
Articles Posted in Insurance Dispute
Failure to Double Check Insurance Policy Does Not Constitute Fraud in Jefferson Parish
While many steps may be taken to prevent accidents, most are, unfortunately, unpredictable. For many people, automobile insurance is the silver lining to unforeseeable car accidents. However, the type of insurance policy you have can determine how much of the accident is covered, if it is covered at all, so…
Summary Judgement Reversed for Insurance Company in Wrongful Death Case
The loss of loved ones is never easy, especially when they are taken away in sudden, unexpected ways. Though there is no dollar value that can replace human beings, monetary damages are a form of recovery in cases of wrongful death. Sometimes the steps to that recovery can be difficult,…
Life Insurance Dispute to Continue to Trial: Motion for Summary Judgment Inappropriate
The death of a loved one is always an emotionally difficult time. But the loved one’s death also creates many obligations and legal requirements that the deceased successors must accomplish. Often, these processes can be complex and may lead to litigation, especially when money is involved. A recent court case…
Louisiana First Circuit Court of Appeal Finds Insurer Not Guilty of Bad Faith
What happens if an insurer fails to pay a claim on time to the insured? In Louisiana, an insurer could be subject to a penalty for failing to pay. This case out of Ascension Parish demonstrates how an insurer can be guilty of bad faith when their actions are arbitrary,…
Louisiana Third Circuit Describes How Life Insurance Payouts Can Go Wrong
Life insurance benefits can provide beneficiaries with the monetary needs they require. What is a life insurance policy? An insurance company agrees by contract to provide a lump-sum payment, called a death benefit, to the beneficiaries upon the insured’s death in exchange for premium payments. But what happens when the…
Insurance Company Not Required to Provide Underinsured Coverage to People Out of Policy
When insurance coverage doesn’t pay enough money to compensate a victim for injuries suffered in a car accident, underinsured motorist coverage exists to fill in the gaps. Louisiana law requires that insurance companies provide this coverage. La. R.S. 22:1295. Although this seems like a simple solution for undercovered individuals, many…
Louisiana Supreme Court Weighs in on Altering Uninsured Motorist Liability Coverage
Uninsured motorist (UM) liability coverage is additional coverage that can pay for injuries to individuals protected under your policy, including family members in other cars and passengers in your insured cars, resulting from a car accident caused by an uninsured driver. However, this additional coverage can be modified or inapplicable…
BUSINESSES’ FAILURE TO RESERVE SUBROGATION RIGHTS LEADS TO DOUBLE COMPENSATION FOR THE VICTIM
After making a successful workers’ compensation claim, an insurer may make a subrogation claim, which is the right of an insurer to recover the amount paid out in a claim from a third party that caused the claim to occur. However, failure to properly reserve this right can affect an…
One Three Letter Word in an Insurance Policy Can Have Six Figure Implications
In the insurance industry, one of the most important issues to consider when determining whether a claim is covered under a policy is the wording of the contract. Whether it is home, auto, life, or, as in this case a marine insurance policy, the exact words of the contract will…