Insurance Dispute

February 27, 2023

Will My Business Car Uninsured Motorist Coverage Provide Coverage for a Personal Vehicle?

chalmette1972stbernardhwy-1024x664 Car accidents are common and complicated. Wrecks can involve company cars, ride shares, and large commercial vehicles, all with different types of insurance. Impacts can occur while driving on a work errand. All these different types of accidents invoke numerous insurance questions. Questions such as; If you are out driving on a work errand, will your business’s uninsured motorist insurance provide coverage? The Louisiana Court of Appeals grappled with these issues in a recent appeal.

Dr. Kenneth Allan, a Chalmette based veterinarian, is the sole member of Chalmette Pet Wellness Clinic and Hospital. Dr. Allan was transporting a dog to his clinic when he was rear-ended. Dr. Allan was driving a vehicle in his wife’s name and sustained injuries from the car accident. Dr. Allan sued his uninsured motorist insurance carrier, Bankers, which provided coverage for his work vehicle to recover compensation for his injuries.

Bankers balked at paying his claim. Bankers and Dr. Allan asked the court to settle the coverage issue by filing summary judgment motions. They asked the court to determine if the Bankers policy provided uninsured/underinsured motorist insurance coverage for vehicles not owned by the pet clinic. The trial court ruled in favor of Dr. Allan, stating that Bankers should cover his claim. An appeal of the decision followed.

February 9, 2023

Injuries from a Collapsed Balcony in Slidell Not Covered by Landlord’s Insurance

by Berniard Law Firm

balcony Knowing what is in an insurance agreement can determine whether or not you are covered for different injuries. If a buyer signed a policy, did not ensure that certain aspects were covered, and then never bothered to check or revise the policy, this person will likely be held accountable for knowing precisely what is in that policy.

In April 2011, Ray Periso rented a house from Mr. Vu on Ashville Drive in Slidell, Louisiana. When he was on the balcony, its railing collapsed, causing Mr. Periso to fall fifteen feet and sustain injuries. Mr. Periso sued his landlord as part of a tort lawsuit in the Twenty-Second Judicial District Court for the Parish of St. Tammany, but Mr. Vu wanted his insurance company to pay for these damages. Unfortunately, his insurance plan did not cover personal liability; therefore, he filed a third-party demand against Southern Fidelity Insurance Company (SFIC) and his insurance agent, Mr. Frazier, alleging negligence in not covering personal liability. The District Court dismissed this third-party demand. A series of appeals by Mr. Vu in the Louisiana First Circuit Court of Appeal followed.

In Mr. Vu’s first appeal, the Court of Appeal affirmed dismissing SFIC because its insurance policy plainly did not provide for personal liability coverage. However, it left open the issue of Mr. Frazier’s negligence. Mr. Frazier then filed a peremptory exception, claiming that Mr. Vu’s negligence assertions were perempted or filed too late. The Court of Appeal agreed with Mr. Frazier and dismissed Mr. Vu’s claims.

February 7, 2023

Insurance Company Gets Off the Hook In Auto Accident Case Because Driver Never Actually Insured

by Berniard Law Firm

crash_test_collision_60-1024x645 One of the first things that occur after a car accident is the parties exchange insurance information. But, unfortunately, just because someone has an insurance card doesn’t always mean they are covered for the wreck they caused. A driver in Metairie learned that lesson the hard way, as shown by the case below.

In 2012 in the Parish of Jefferson, Miriam Blandino was driving her partner’s car with their children inside when she was rear-ended at a stop sign. She and her partner subsequently sued the driver (from now on “Ms. Doe”) and the driver’s insurance (from now on “USAgencies”) for damages. However, USAgencies was let out of the lawsuit because Ms. Doe never actually obtained insurance through them.

Earlier that year, in February, Ms. Doe had signed up for an automobile insurance plan covering her from February through August, but her initial payment was declined. USAgencies notified her of this failure to pay and allowed her to reinstate her policy: she would need to provide the proper amount and a fifteen-dollar fee within ten days of the notice. Unfortunately, USAgencies never received payment from Ms. Doe, and thus her policy never became effective, so she was never covered.

February 6, 2023

Can a Passenger in a Car Accident Not be a Passenger?

by Berniard Law Firm

car accident lawyer louisiana Usually, in a dispute concerning a car accident, the issue surrounds fault or the extent of injuries. Occasionally though, the argument is whether a passenger in one of the vehicles was even a passenger. Evidence that one was a passenger and present during the accident would seem helpful but does not guarantee recovery, as one plaintiff learned after a 2011 car accident in Jefferson Parish.

In 2012, Cindy Perez filed a lawsuit in the Jefferson Parish Twenty-Fourth Judicial District Court against Mary B. Gaudin and LM General Insurance Company. Perez alleged that in 2011, she and her mother, Edis Molina were passengers in a car driven by Reinaldo Martinez-Perez. Perez claimed that she was sitting in the backseat when Gaudin rear-ended the car with her own vehicle, causing a propane tank to hit Perez’s arm. The case went to trial on July 20, 2016, with the sole issue being whether Perez was actually a passenger in the vehicle when the accident occurred.

Deputy Zlatko Brujic of the Jefferson Parish Sheriff’s Office was the officer who investigated the 2011 accident. Though he could not testify at trial in person, he gave a deposition that was admitted as evidence. In his testimony, Deputy Brujic stated that according to the accident report, Reinaldo Martinez-Perez’s car only had one passenger: Edis Molina. He noted that another woman was at the scene after he arrived, but this woman’s description did not match that of Perez’s.

February 2, 2023

New Orleans Court of Appeal Determines Obligation of Insurance Company Does Not Increase From Providing Coverage to Both Parties

by Berniard Law Firm

reserved_sign_wedding_decorations-1024x683 Car accidents can be a problematic scenario for the parties involved emotionally and financially. This situation can become even more complicated when the insurance company provides coverage to both parties involved in the accident, and the injured party files a lawsuit against the insurance company, arguing that the injured party is a first-party claimant. The Fourth Circuit Court of Appeals for Louisiana recently addressed the issue.

In August 2009, Mr. Sapp drove a vehicle down Prytania Street in New Orleans, Louisiana. Unfortunately, Mr. Sapp collided with the car driven by Mr. Lee. After the accident, Mr. Lee filed a lawsuit in the Orleans Parish of Louisiana against Mr. Sapp and State Farm Insurance Company. In the case, Mr. Lee alleged that the accident resulted in personal injuries. All the parties reached a settlement agreement seven years after the accident occurred.

The settlement agreement covered all claims from the accident in 2009, except for the exception of “Reserved Claims.” The agreement between the parties provided that “Reserved Claims” meant all claims of bad faith by Mr. Lee against State Farm Mutual Automobile Insurance Company. One month after the settlement agreement was entered, State Farm filed an exception. In this exception, State Farm sought to dismiss all reserved claims except one. This one was for Mr. Lee’s misrepresentation claim, pursuant to La. R.S. 22:1973(B)(1). The Trial Court ruled in favor of State Farm, sustaining the exception and dismissing all of Mr. Lee’s bad faith claims except for misrepresentation. Mr. Lee then appealed the decision of the Trial Court.

January 19, 2023

New Roads Man Denied Coverage Under Uninsured Motorist Provision of Employer’s Insurance Policy

by Berniard Law Firm

Car Accident uninsured motorist coverage louisiana What happens when a motorist is injured in an automobile accident while operating a vehicle owned by an employer? While Louisiana law often permits named insured employees to receive reciprocal coverage under an employer’s insurer, insurance law is a complex and, at times, unclear field, especially in relation to uninsured/underinsured motorist coverage. In the case of Chris Loudermilk of New Roads, Louisiana, the Louisiana First Circuit Court of Appeal felt that Loudermilk was not permitted to recover under the language of his employer’s insurance policy.

Loudermilk was injured in an automobile accident while operating a vehicle owned by his employer, Environmental Safety and Health Consulting Services Inc. (ES&H). Loudermilk filed suit against the drivers at fault and their insurers, as well as XL Specialty Insurance Company, ES&H’s insurer.

In acquiring insurance for ES&H, the company’s CFO executed a valid Uninsured Motorist Bodily Injury Coverage Form to reject uninsured motorist coverage completely on June 23, 2010. The policy was renewed in June 2011 through June 2012, and it was in effect at the time of Loudermilk’s accident. At the time of the renewal, ES&H added two entities to the “named insured” section of the policy.

January 17, 2023

Insurance Contract Confusion Leads to Louisiana Lawsuit

by Berniard Law Firm

Uninsured Motor Coverage Post
Car accidents are scary. Whether any parties are injured or not, dealing with the insurance company for vehicle damage or personal injury is not an enjoyable activity for the general public. The situation is even less enjoyable when the person dealing with the insurance company is not the policyholder.

In March 2007, Brian Duplichan’s daughter and the mother of his daughter were passengers in a car driven by Beverly Hooper. Although his daughter, Kadie, survived the accident, her mother, Sarah, did not. Both Sarah and Kadie lived with Sarah’s mother, Mary Elizabeth Reeves. Duplichan brought a lawsuit against State Farm Mutual Automobile Insurance for recovery of damages.

Kadie and her mother were riding with Beverly Hooper when Hooper swerved off the road into a culvert. These facts are not disputed—it’s the aftermath of the accident that put Spears’ mother—Mary Reeves—and Duplichan through the wringer.

September 3, 2021

Help with Hurricane Ida Insurance Claims Part 1- Record your Phone Calls

by Berniard Law Firm

StockSnap_3FVC73VWBH-1024x683 In the wake of Hurricane Ida, there will be hundreds of thousands of insurance claims. Insurance companies will be overrun, but that’s no excuse for those companies to fail to pay your claims timely. Unfortunately, that’s not always how claims are handled.

You undoubtedly have seen numerous posts giving general advice such as “document every interaction with the insurance company.” That is true and great advice, but documenting every interaction can become burdensome when you are already overwhelmed.

So here’s a quick tip to help achieve the goal of “document everything” by using the phone in your hand. How to record phone conversations with your insurance company:

February 28, 2020

The Life Insurance Beneficiary: Allstate Fails to Accept Change in Beneficiary Form, Creating Conflict

by Berniard Law Firm

black-calculator-near-ballpoint-pen-on-white-printed-paper-53621-1024x603 Every adult in America has dealt with insurance in some manner, whether it be life, car, house, rental, or health. Therefore, it is important to understand that the insurance policy you agree to constitutes the law between the you and the insurance company; it governs the whole relationship. As a result of the policy between the insured and insurer being drafted by the insurer, the insurer has the right to limit provisions, and impose restrictions or conditions, so long as these do not conflict with legal statutory provisions or public policy. Thus, strict compliance with the insurance policy terms and conditions is required for a change of beneficiary. Standard Ins. Co. v. Spottsville, 204 So.3d 253, 258 (La. Ct. App. 2016).

In this case, Tanya Offord (“Tanya”) had changed her primary beneficiary from her previous husband to her mother, Alfreda Smith. However, in February 2009, Tanya married Thurman Offord, Sr. Following her marriage to Mr. Offord, Tanya submitted a change of beneficiary to Allstate. She listed Mr. Offord and her three children as the primary beneficiaries, and she listed her mother as the sole contingent beneficiary. She also listed both Mr. Offord and Ms. Smith as the adult custodians for her children, so that they may receive and control any monies owed to any children who are minors at the time of her death.

Allstate responded to Tanya’s beneficiary change request, acknowledging receipt of Tanya’s beneficiary change request. They then informed her that they could not process the request because, per her policy, only one custodian could be named per child. They included a new beneficiary change request form for Tanya to complete and return. Tanya failed to resubmit the change of beneficiary request form and subsequently died without submitting the form.

February 19, 2020

Evidence of Health Insurance Write-Offs Should Not Be Excluded at Trial

by Berniard Law Firm

blue-and-silver-stetoscope-40568-1024x683 Health insurance is extremely important and often a vital key to keeping both financial and physical health. When insurance payments collide with lawsuit payouts, things can become confusing. There are certain parts of Louisiana law that serve to protect those that have been injured in such instances. The Second Circuit Court of Appeal considered such a protection in 2017.

In 2014, Dustin Patterson was injured in a car accident. He settled his claims against the other driver as well as the owner of the driver’s vehicle and the driver’s insurance company. Mr. Patterson’s insurance company, American National Property and Casualty Insurance (“ANPAC”), remained in the lawsuit and went to trial in Caddo Parish. At trial, Mr. Patterson was only permitted to present, as evidence of his medical expenses, the discounted amount paid by his health insurance. This was factored into his total recovery of $23,632.63. Believing himself entitled to a higher amount, Mr. Patterson appealed.

The issue for the Second Circuit was whether the plaintiff’s recovery could be reduced due to “write-offs” by his insurance company. Through negotiations with the health insurance company, the cost of Mr. Patterson’s healthcare was reduced by the providers. The difference between the original amount of his care and the negotiated amount was “written off”. Mr. Patterson argued he should be awarded the “written off” amount since he had paid health insurance premiums. The Second Circuit considered this argument under the collateral source rule. This is a principle of Louisiana law that prevents a plaintiff from being denied any portion of their monetary awards in a lawsuit just because they received money from an independent source. Bozeman v. State, 879 So. 2d 692 (La. 2004). One reason for the implementation of this rule is to prevent a defendant from benefiting from the plaintiff’s decision to obtain insurance. This is balanced, though, with the desire to prevent a plaintiff from receiving an undeserved “windfall” of excess payments.