LOUISIANA SUPREME COURT REPORTS
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Archive of LSCR Articles

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INSURANCE

1.Court dismisses plaintiff's claim for bad faith penalties.
Raymond Prince, Jr. v. Loya Insurance Company, 2024-CC-00018 (La. 03/05/2024) [2 pp.]
From LSCR Volume 32, Issue 3

          Plaintiffs brought this suit in Sulphur City Court against their insurance company and others, alleging entitlement to bad faith penalt... view full summary
2.Insurance policy provision barring suits filed more than two years after loss was valid.
Phyllis Wilson v. Louisiana Citizens Property Ins. Corp., 2023-CC-01320 (La. 01/10/2024) [3 pp.]
From LSCR Volume 32, Issue 1

          On January 9, 2023, plaintiff filed suit against her insurer, seeking to recover penalties under La. R.S. Sections 22:1892 and 1973. She... view full summary
3.Insurer not entitled to summary judgment on coverage issue.
Wilton Crochet v. Nick's Refrigeration Sales & Service, Inc., 2023-C-00085 (La. 03/28/2023) [2 pp.]
From LSCR Volume 31, Issue 4
     In connection with the renovation of their home, plaintiffs hired Nick's Refrigeration Sales and Service, Inc. to install an air conditioning unit, duct system, and... view full summary
4.Restaurant's commercial insurance policy did not provide coverage for business income losses during COVID-19 pandemic.
Cajun Conti, LLC v. Certain Underwriters at Lloyd's London, 2022-C-01349 (La. 03/17/2023) [12 pp.]
From LSCR Volume 31, Issue 3
     Plaintiffs were the owners of the French Quarter restaurant Oceana Grill, which could accommodate 500 guests at any one time prior to the COVID-19... view full summary
5.Lower courts erred in granting summary judgment and treating travel insurance policy as health and accident policy.
Richard Williams v. United States Fire Insurance, 2022-C-01637 (La. 02/14/2023) [4 pp.]
From LSCR Volume 31, Issue 2
     Plaintiffs Richard and Judith Williams purchased travel protection insurance in connection with a cruise to Norway. United States Fire Insurance Company was the underwr... view full summary
6.UM insurer entitled to summary judgment as to whether plaintiff was resident of parent's home.
Penelope Catzen v. Tashonty Toney, 2022-CC-01261 (La. 01/18/2023) [8 pp.]
From LSCR Volume 31, Issue 1
     Plaintiff filed suit alleging she was struck and injured by a speeding motorist while riding her bicycle in New Orleans in 2019. She named several defendants, including... view full summary
7.Company was entitled to dismissal of class action claims by healthcare providers alleging violation of PPO statute.
George Raymond Williams, MD v. BestComp, Inc., 2022-C-00100 c/w 2022-C-00113 (La. 12/09/2022) [14 pp.]
From LSCR Volume 30, Issue 12
     Plaintiffs were a class of Louisiana healthcare providers alleging violations of the Preferred Provider Organizations (PPO) statute, La. R.S. Section 40:2201, et seq. T... view full summary
8.Failure to included insurer's name on UM waiver form rendered form invalid.
Berkley Assurance Company v. Melissa Willis, 2021-C-01554 (La. 12/09/2022) [18 pp.]
From LSCR Volume 30, Issue 12
     Macy Lee Alvey, III, was in the course and scope of his employment with Rony's Towing & Recovery, LLC, when he was struck and killed by an uninsured moto... view full summary
9.Written authorization was required for assistant to stamp corporate representative's signature onto UM rejection form and effectively waive coverage.
Johnny Carval Havard v. Ricky Jeanlouis, 2021-C-00810 (La. 06/29/2022) [19 pp.]
From LSCR Volume 30, Issue 7
     Plaintiff and Ricky Jeanlouis were involved in an auto accident while plaintiff was driving a tow truck owned by his employer, Rick's Towing & Recovery Service, Inc... view full summary
10.Physical altercation exclusion in motel's CGL policy barred coverage for kidnapping and death.
Ali Kazan v. Red Lion Hotels Corporation, 2021-CC-01820 (La. 06/29/22) [9 pp.]
From LSCR Volume 30, Issue 7
     Lia Kazan visited an Alexandria motel to meet some friends. During the visit she went into the motel parking lot to get something from her car. While she was in her car... view full summary
11.Auto liability policy exclusion for non-owned vehicles was enforceable.
Calvin Landry v. Progressive Security Insurance Co., 2021-C-00621 (La. 01/28/2022) [22 pp.]
From LSCR Volume 30, Issue 1
     In July 2019 Riyad Shaibi was doing a favor for his friend, Aziz Ali, by driving Ali's car to have a tire repaired. Unfortunately, Shaibi got into an auto accident with... view full summary
12.Malpractice claim against insurance agent was perempted.
Diane McKernan v. ABC Insurance Co., 2021-C-00859 (La. 11/23/2021) [3 pp.]
From LSCR Volume 29, Issue 11
     Plaintiff sustained more than $1.6 million in damages to her Baton Rouge home due to historic flooding in August 2016. From 1990, when the home ... view full summary
13.Court orders in camera inspection of insurer's claim file.
Todd W. Fanguy v. UV Insurance Risk Retention Group, Inc., 2021-CC-01619 (La. 11/23/2021) [2 pp.]
From LSCR Volume 29, Issue 11
     In this brief per curiam with no factual detail, plaintiffs sought the production of documents in defendant's claim file, to which defendant objected. The Court granted... view full summary
14.UM coverage written into renewed policy when insured returned incomplete waiver form to insurer.
Martin Baack v. Michael McIntosh, 2020-C-01054 (La. 06/30/2021) [26 pp.]
From LSCR Volume 29, Issue 7
     This case arose from an automobile accident between Martin Baack, who was driving his work vehicle, and Michael McIntosh, found to be solely at fault for the acc... view full summary
15.Court reverses finding that subcontractor was covered by insurance policy.
Cameron Soule v. Woodward Design + Build LLC, 2021-CC-00322 (La. 05/11/2021) [5 pp.]
From LSCR Volume 29, Issue 5
     Woodward Design+Build served as general contractor on a condominium construction project in New Orleans. As required by the owner, Woodward obtained ... view full summary
16.Plaintiff's UM coverage applied to accident that occurred while he was driving employer's truck.
03/24/2021) [15 pp.]
From LSCR Volume 29, Issue 3
     Plaintiff was injured in an automobile accident while driving a truck owned by his employer, AT&T. The other driver involved in the accident was underinsur... view full summary
17.Court reinstates ruling allowing plaintiff to use evidence of post-petition bad faith by insurer.
Diana Velez v. GEICO Casualty Co., 2020-CC-01309 (La. 11/12/2020) [1 p.]
From LSCR Volume 28, Issue 11
     This case included a bad faith claim against an insurer. The insurer filed a motion in limine seeking to suppress evidence of post-petition events related to the bad fa... view full summary
18.One-year prescriptive period applies to Balance Billing Act claims by patients against healthcare providers.
Matthew DePhillips v. Hospital Service District No. 1 of Tangipahoa Parish, 2019-C-01496 (La. 07/09/2020) [24 pp.]
From LSCR Volume 28, Issue 7
     Two different plaintiffs, Earnest Williams and Matthew DePhillips, filed actions individually and on behalf of putative classes against Hospital District No. 1 of Tangipah... view full summary
19.Insurance commissioner was not bound by arbitration provision in insolvent insurer's contract.
James J. Donelon v. Terry S. Shilling, 2019-C-00514 (La. 04/27/2020) [14 pp.]
From LSCR Volume 28, Issue 5
     The Louisiana Health Cooperative, Inc. (LAHC) was created in 2011 under the Patient Protection and Affordable Care Act, 42 U.S.C. Section 18001, et seq. LAH... view full summary
20.Insured's bad faith claim against insurer was subject to ten-year prescriptive period.
Beverly Smith v. Citadel Insurance Co., 2019-CC-00052 (La. 10/22/19) [18 pp.]
From LSCR Volume 27, Issue 10

          Plaintiff filed suit against Darlene Shelmire and her insurer, GoAuto Insurance Company, as a result of a 2010 automobile accident. In 2... view full summary
21.Neither party entitled to summary judgment in title insurance claim.
Lydia Degueyter v. First American Title Co., 2017-C-2163 (La. 9/18/18) [3 pp.]
From LSCR Volume 26, Issue 9
     On August 1, 2014, plaintiff and her brother-in-law, Charles Faul, bought a tract of land on Snapper Road in New Iberia. The act of cash sale was not recorded until Septem... view full summary
22.Erroneous payment by insurer in prior, separate claim did not result in waiver of defense in later claim.
Brandon Forvendel v. State Farm Mutual Automobile Ins. Co., 2017-C-2074 (La. 06/27/18) [9 pp.]
From LSCR Volume 26, Issue 6
     While driving his own car in 2013, plaintiff was injured in a multi-vehicle accident. His uninsured motorist carrier was State Farm. At the time of ... view full summary
23.Sheriff's Department's professional liability policy did not provide coverage for officer's fall from allegedly defective chair.
Jackie Doucet v. Darwin Select Insurance Co., 2016-C-1989 (La. 02/03/17) [5 pp.]
From LSCR Volume 25, Issue 2
     Plaintiff was employed as a deputy sheriff for the Evangeline Parish Sheriff's Department when he was injured in the course and scope of his employment. While he was s... view full summary
24.Court prorates duty to defend in long latency disease case.
Daniel Arceneaux v. Amstar Corp., 2015-C-0588 (La. 09/07/16)[23 pp.]
From LSCR Volume 24, Issue 9

    American Sugar Refining, Inc. was sued by plaintiffs claiming that they worked at its refinery in Arabi, Louisiana, during years ranging from 1941 through 2006 and suffe... view full summary
25.Sledge Jeansonne Act could not be applied retroactively to conduct occurring before its effective date, even if guilty plea post-dated effective date.
State v. Lynn Foret, M.D., 2015-C-1298 (La. 01/27/16) [19 pp.]
From LSCR Volume 24, Issue 1

          In April 2013 defendant, an orthopedic surgeon, pled guilty in federal court to one count of health care fraud for criminal acts that ... view full summary
26.Insured selected reduced UM coverage on CSL policy by altering form provided by State.
Frank Tuson v. Merlyn Rodgers, 2015-C-1334 (La. 10/30/15) [5 pp.]
From LSCR Volume 23, Issue 11

          In 2007 Compass Behavioral Clinic purchased an automobile liability policy from Progressive Insurance Company. Instead of c... view full summary
27.Summary judgment for UM carrier not appropriate where waiver form contained different policy number; judgment finding coverage not appropriate either.
Sonya Rodgers v. State Farm Mutual Automobile Insurance, 2015-C-0868 (La. 06/30/15) [3 pp.]
From LSCR Volume 23, Issue 6

          As a result of an automobile accident, plaintiff sued State Farm, her auto liability carrier, seeking to recover under the underinsure... view full summary
28.Insurer can be liable for bad faith failure to settle claim even absent firm settlement offer from claimant; insurer can be liable for misrepresentations unrelated to policy.
Danny Kelly v. State Farm Fire & Casualty Company, 2014-CQ-1921 (La. 05/05/15) [27 pp.]
From LSCR Volume 23, Issue 5

          Plaintiff was injured in an automobile accident in 2005 with Henry Thomas, a State Farm insured. The cost of plaintiff's medical care ... view full summary
29.Insurer was entitled to summary judgment on issue of whether representative of insured had authority to reject UM coverage.
Julia Voinche v. Joseph Capps, 2014-CC-1498 (La. 10/24/14) [2 pp.]
From LSCR Volume 22, Issue 11

          Plaintiffs sued Travelers Property Casualty Company of America as the uninsured/underinsured carrier for Gilchrist Construction Compan... view full summary
30.Where express terms of auto policy provided UM coverage for after- acquired motorcycle, lower courts erred in looking to UM statute.
Ashanti Green v. Michael Johnson, 2014-C-0292 (La. 10/15/14) [19 pp.]
From LSCR Volume 22, Issue 10

          Dave Peterson and Benjamin Gibson co-owned a motorcycle that they purchased on June 30, 2007. Sixteen days later, Peterson, while ridi... view full summary
31.Reporting provision of claims-made-and-reported policy does not violate Direct Action Statute.
Joyce Gorman v. City of Opelousas, 2013-C-1734 (La. 07/01/14) [27 pp.]
From LSCR Volume 22, Issue 7

          Brian Armstrong, an inmate at the Opelousas city jail, allegedly died as a result of being beaten by two other inmates on Septembe... view full summary
32.Plaintiff had private right of action against healthcare provider under Balance Billing Act.
Yana Anderson v. Ochsner Health Care System, 2013-CC-2970 (La. 07/01/14) [18 pp.]
From LSCR Volume 22, Issue 7

          Plaintiff was injured in an automobile accident and treated at an Ochsner Health System facility. She was insured by UnitedHealthcare.... view full summary
33.Plaintiff had stated a cause of action against insurer for failure of healthcare provider to bill insured at negotiated rate.
Aaron Emigh v. West Calcasieu Cameron Hospital, 2013-CC-2985 (La. 07/01/14) [14 pp.]
From LSCR Volume 22, Issue 7

          This claim is part of a putative class action against West Calcasieu Cameron Hospital (WCCH) and several health insurers for violation... view full summary
34.Under medical pay provision of auto policy, plaintiff was entitled to recover only discounted amount of hospital bill negotiated by health insurer.
Ashley Hoffman v. Travelers Indemnity Company of America, 2013-CC-1575 (La. 05/07/14) [13 pp.]
From LSCR Volume 22, Issue 5

          Plaintiff was insured under an automobile insurance policy issued by defendant and a health insurance policy issued by AE... view full summary
35.Plaintiff's dismissal of insureds during trial did not effect dismissal of insurer under the terms of the Direct Action Statute or policy language.
Mary Phyllis Soileau v. Smith True Value and Rental, 2012-C-1711 (La. 06/28/13) [33 pp.]
From LSCR Volume 21, Issue 7

          Plaintiff was injured during her employment with the Town of Mamou when a front-end loader detached from a John Deere tractor and stru... view full summary
36.On summary judgment, insurer bears burden of proving that coverage exclusion applies, including showing that exception to exclusion is not met.
Dan Veuleman v. Mustang Homes, LLC, 2013-C-190 (La. 04/05/13) [2 pp.]
From LSCR Volume 21, Issue 4

          In this case, insurance coverage under a contractor's insurance policy was at issue. The policy contained a "work produc... view full summary
37.Rejection of UM coverage was valid even though rejection line on form was initialed after form was signed.
Edward Morrison v. USAA Casualty Insurance Company, 2012-CC-2334 (La. 01/11/13) [5 pp.]
From LSCR Volume 21, Issue 1

          In this case, a representative of the insured attempted to reject uninsured motorist (UM) coverage on behalf of the insured. Although ... view full summary
38.Insurer did not violate Section 22:1973; delay was caused by insureds' repeated requests to revise settlement checks.
Instant Replay Sports, Inc. v. Allstate Insurance Company, 2012-C-2181 (La. 12/14/12) [5 pp.]
From LSCR Volume 20, Issue 12

          Plaintiffs, Instant Replay Sports, Inc. and Charles Orzehoskie, sued defendant for Hurricane Katrina- related business and propert... view full summary
39.Car dealer had no duty to secure affidavit from purchaser regarding procurement of insurance.
Thelma M. Hodges v. Michael Taylor, 2012-C-1581 (La. 11/02/12) [4 pp.]
From LSCR Volume 20, Issue 11

          On November 7, 2007, defendant bought a Chevrolet Silverado from Navarre Chevrolet. The next month, he was involved in an auto acciden... view full summary
40.Plaintiff's failure to provide financial information negated claim for penalties and fees in disability claim.
Kenneth Hawkins v. UNUM Life Insurance Company of America, 2012-C-1490 (La. 10/12/12) [4 pp.]
From LSCR Volume 20, Issue 10

          Plaintiff, an attorney, was involved in an auto accident in October 1998 and underwent spinal surgery in November 1999. He submitted a... view full summary
41.Written settlement agreement on property damage claim was not a "proof of loss" to trigger penalties for failure to timely pay under Section 22:1892.
Katie Realty, Ltd. v. Louisiana Citizens Property Insurance Corp., 2012-C-0588 (La. 10/16/12) [14 pp.]
From LSCR Volume 20, Issue 10

          Plaintiff owned commercial property in Houma that was damaged by Hurricane Gustav. It filed suit against its commercial property insur... view full summary
42.Guest passengers were "insured persons" under auto liability policy and entitled to UM coverage.
Ann Bernard v. Antoinette Ellis, 2011-CC-2377 (La. 07/02/12) [21 pp.]
From LSCR Volume 20, Issue 7

          Norell and Andrea Bernard were passengers in a car driven and owned by Ann Bernard and insured by Imperial Fire & Casualty. Antoin... view full summary
43.CGL policy unambiguously provided for $1,000,000 aggregate limit on PIL coverage.
John Johnson v. Orleans Parish School Board, 2012-C-0190 (La. 05/31/12) [4 pp.]
From LSCR Volume 20, Issue 6

          The issue in this toxic tort case was whether a commercial general liability (CGL) policy issued by Republic Insurance Company contai... view full summary
44.Insurers entitled to summary judgment as to claims outside of policy periods.
John Johnson v. Orleans Parish School Board, 2012-CC-0187 c/w 2012-CC-0191 (La. 05/31/12) [2 pp.]
From LSCR Volume 20, Issue 6

          In the same case, the Fourth Circuit concluded in 2008 that National Union Fire Insurance Company of Pittsburgh, Pa. and United States... view full summary
45.Bad faith claim against insurer not fit for summary judgment.
Judith Merwin v. Douglas Spears, 2012-CC-0946 (La. 06/22/12) [2 pp.]
From LSCR Volume 20, Issue 6

          Plaintiffs had a homeowners policy with Farmers Insurance Exchange and made a claim based on a water leak in their bathroom. Farmers ... view full summary
46.Police Jury's UMBI coverage rejection upheld despite lack of express discussion in official minutes.
Richard Gunter v. State Farm Mutual Automobile Insurance Co., 2012-C-0562 (La. 05/04/12) [2 pp.]
From LSCR Volume 20, Issue 5

          The Bossier Parish Police Jury (BPPJ) obtained automobile liability insurance from St. Paul and renewed that policy yearly from 1995 t... view full summary
47.Section 22:658(A)(3) does not require proof of insurer's bad faith; Section 22:1220(C) caps penalties at $5,000 when damages are not proven.
Geraldine Oubre v. Louisiana Citizens Fair Plan, 2011-C-0097 (La. 12/16/11) [32 pp.]
From LSCR Volume 19, Issue 12
Plaintiffs, individually and as purported class representatives, sued defendant. They alleged that they were insureds of defendant when Hurricane Katrina struck and that, although they suffered pro... view full summary
48.22:1220 penalties are based solely on consequential damages; plaintiff not entitled to application of amended 22:658 and attorney's fees award.
Ginger Hinch Durio v. Horace Mann Insurance Company, 2011-C-0084 (La. 10/25/11) [26 pp.]
From LSCR Volume 19, Issue 10
In September 2005, plaintiff's home in Lake Charles was covered by a homeowner's insurance policy issued by defendant. On September 24, 2005, it was damaged by Hurricane Rita. Most of ... view full summary
49.Policy defenses not waived when duty to defend was breached.
Daniel Arceneaux v. Amstar Corp., 2010-C-2329 (La. 07/01/11) [27 pp.]
From LSCR Volume 19, Issue 7
In 1999, four employees of Tate & Lyle North America Sugars, Inc. (T&L) filed a cumulated action against T&L for damages from noise exposure during their employment with T&L at its Domino Sugar Refi... view full summary
50.R.S. Section 22:1335 requires proof of mailing nonrenewal notice, not proof of receipt.
Janis Losey Johnson v. Louisiana Farm Bureau Casualty Ins. Co., 2011-C-0476 (La. 05/06/11) [3 pp.]
From LSCR Volume 19, Issue 5
Defendant issued a homeowner's insurance policy to plaintiff. The policy was due to expire July 10, 2007. Because plaintiff's house had become an unacceptable risk, defendant mailed a notice of nonr... view full summary
51.Parties could contract to prohibit post-loss assignment of rights under insurance policy.
In Re: Katrina Canal Breaches Litigation, 2010-CQ-1823 (La. 05/10/11) [14 pp.]
From LSCR Volume 19, Issue 5
To provide relief in the aftermath of Hurricanes Katrina and Rita, Congress appropriated federal funds to affected states. Louisiana distributed some of those funds via the "Road Home" program, whic... view full summary
52.Court issues nearly 200 page opinion in suit brought by insurance commissioner regarding sale of HMOs.
J. Robert Wooley v. Thomas S. Lucksinger, No. 2009-C-0584 c/w 2009-C-0585 c/w 2009-C-0586 (La. 04/01/11) [200 pp.]
From LSCR Volume 19, Issue 4

          Health Net, Inc. was the owner of three health maintenance organizations (HMOs) in Louisiana, Oklahoma, and Texas. Because the HMOs we... view full summary
53.Claim for mental anguish damages under Section 22:1220 does not require intent to aggrieve.
Robin L. Wegener v. Lafayette Insurance Co., 2010-C-0810 c/w 2010-C-0811 (La. 03/15/11) [26 pp.]
From LSCR Volume 19, Issue 3

          When Hurricane Katrina struck, plaintiffs' home in the Venetian Isles subdivision in New Orleans was covered by a homeowner's pol... view full summary
54."Automobile business" exclusion deemed against public policy and not enforceable.
Laurie Ann Sensebe v. Canal Indemnity Company, 2010-C-0703 (La. 01/28/11) [21 pp.]
From LSCR Volume 19, Issue 2

          Plaintiff was driving in St. Tammany Parish when her vehicle was rear-ended by a pickup truck owned by Gregory Hyneman and operated by... view full summary
55.No manifest error in finding that notice was mailed.
Marsh Anthony Nolan v. Wilson Mabray, 2010-C-0373 (La. 11/30/10) [12 pp.]
From LSCR Volume 18, Issue 12
On June 18, 2005, Marsh Nolan was struck by a bottle rocket launched by Wilson Mabray, the 19- year-old son of Pat and Sarah Mabray, who were divorced. Louisiana Farm Bureau Mutual Ins... view full summary
56.Class certification reversed in Katrina litigation.
Charles Dupree v. Lafayette Insurance Company, 2009-C-2602 (La. 11/30/10) [48 pp.]
From LSCR Volume 18, Issue 12
In this class action suit, the named representatives are residents of St. Bernard Parish whose homes were insured by defendant. Their petition alleged that although they experienced wind damage to ... view full summary
57.Claims perempted because insureds were deemed to know policy contents.
Charles O. Seruntine, III v. State Farm Fire & Casualty Co., 10-CC-1108 (09/03/10) [1 p.]
From LSCR Volume 18, Issue 9
Plaintiffs sued insurance agents Kert LeBlanc and Dave Felix as a result of insufficient flood insurance coverage on plaintiffs' properties in St. Bernard Parish, which were severely d... view full summary
58.Insurance broker had no duty to recommend coverage amounts or determinewhether client was underinsured.
Isidore Newman School v. J. Everett Eaves, Inc., 2009-C-2161 (La. 07/06/10) [14 pp]
From LSCR Volume 18, Issue 7
          The Court granted a supervisory writ. An agent has a duty of "reasonable diligence" to advise the client, but this duty has not been expande... view full summary
59.Any insured can execute a named-driver exclusion.
Ella Hawkins v. Andrew John Redmon, 2009-C-2418 (La. 07/06/10) [14 pp.]
From LSCR Volume 18, Issue 7
          In January 2006, Sandra Redmon, acting as head of the household and with the consent of her husband, Mervin, went to the Cottonport Insuranc... view full summary
60."Excluded driver" under auto liability policy is not covered by UM.
Theodore Filipski v. Imperial Fire and Casualty, 2009-CC-1013 (La. 12/01/09) [6 pp.]
From LSCR Volume 17, Issue 12
          Plaintiff Theodore Filipski, III was struck by an uninsured drunk driver. As a result of the accident, plaintiff filed the instant suit agai... view full summary
61.Self-insurer's excess policy is "reinsurance," not covered by LIGA.
La. Safety Ass'n of Timbermen Self-Insurers v. La. Ins. Guar. Ass'n., 2009-C-0023 (La. 6/26/09) [15 pp.]
From LSCR Volume 17, Issue 7
          Plaintiff Louisiana Safety Association of Timbermen (LSAT) is a nonprofit corporation formed pursuant to La.R.S. SS 23:1195-1200.5 to allow ... view full summary
62.Failure of corporate representative to identify his capacity does not invalidate UM waiver.
Michael Banquer v. Donald Guidroz, 09-C-0466 (La. 5/15/09) [4 pp.]
From LSCR Volume 17, Issue 6
          Plaintiffs Michael and Sandra Banquer filed suit to recover damages for personal injuries that Michael suffered in an automobile accident in... view full summary
63.Absence of insurance company's name on form does not invalidate UM waiver.
Gwen Lynch v. Wendy Kennard, 09-CC-282 (La. 5/15/09) [3 pp.]
From LSCR Volume 17, Issue 6
          Plaintiff Gwen Lynch suffered personal injuries in a motor vehicle accident with a vehicle owned and operated by defendant Wendy Kennard. Ms... view full summary
64.Failure to pay undisputed amount is de jure bad faith.
Louisiana Bag Co. v. Audubon Indem. Co., 2008-C-0453 (La. 12/2/08) [28 pp.]
From LSCR Volume 17, Issue 1
          This is an appeal of a substantial bad faith judgment against an insurer. Louisiana Bag Company (Louisiana Bag) was insured under a commerci... view full summary
65.Family's wrongful death claims are capped by the "Each Person" policy limit.
Hebert v. Webre, 08-CC-0060 (La. 5/21/08) [13 pp.]
From LSCR Volume 16, Issue 5
          Decedent Christopher Hebert ("Hebert"), was killed in an automobile accident and was survived by his wife, Tara, and their three minor child... view full summary
66."Total loss" statute does not require insurer to pay noncovered losses.
Landry v. Louisiana Citizens Property Ins. Co., 07-C-1907 c/w 07-C-1908 (La. 5/21/08) [28 pp.]
From LSCR Volume 16, Issue 5
          This opinion interprets La.R.S. S 22:695, which is res nova before the Court: Under any fire insurance policy if the insurer places a valuat... view full summary
67.Flood damage not covered, but structural damage is; statutory penalties imposed.
Joseph Sher v. Lafayette Insurance Company, 07-C-2441 c/w 2007-C -2443 (La. 4/8/08) [40 pp.]
From LSCR Volume 16, Issue 4
          Plaintiff Joseph Sher owned and lived in a five-unit apartment building in New Orleans at 1410 Broadway Street. Sher was issued a commercial... view full summary
68.Liability of LIGA for asbestosis claims construed.
Southern Silica of Louisiana v. LIGA, 07-CA-1680 (La. 4/8/08) [13 pp.]
From LSCR Volume 16, Issue 4
          Plaintiff Southern Silica of Louisiana ("Southern Silica") alleges that it has been named as defendant in approximately 500 silicosis suits ... view full summary
69.Signed UM waiver form that was back-filled and backdated is invalid.
Gray v. American National Prop. & Cas. Co., 07-CC-1670 (La. 2/26/08) [22 pp.]
From LSCR Volume 16, Issue 3
          Plaintiff William Gray, a school bus driver for the Beauregard Parish School Board, sustained personal injuries in a 2003 accident while he ... view full summary
70.Watercraft exclusion applies to accident on stationary barge.
Henry v. South Louisiana Sugars Cooperative, 06-C-2764 (La. 5/22/07) [9 pp.]
From LSCR Volume 15, Issue 6
          Plaintiff Henry filed suit seeking damages for personal injuries he suffered while working at the South Louisiana Sugars Cooperative ("SLS")... view full summary
71.Commercial umbrella policy provides excess insurance.
Huggins v. Gerry Lane Enterprises, 06-C-2816 c/w 06-C-2843 (La. 5/22/07) [7 pp.]
From LSCR Volume 15, Issue 6
          Plaintiff Huggins filed suit to recover damages for a trip-and-fall on the premises of Gerry Lane Enterprises ("Gerry Lane"). Gerry Lane's l... view full summary
72."Products completed operations hazard" does not cover replacement of insured's own work. Supreme Services
and Specialty Co. v. Sonny Greer, 2006-C-1827 (La. 05/22/07)[18 pp.]
From LSCR Volume 15, Issue 6
          Supreme Services ("Supreme") contracted with Sonny Greer, Inc. ("Greer") to construct an oilfield service facility in Iberia Parish. Greer e... view full summary
73.No duty to defend lawsuit by former partner and co-counsel alleging "malpractice."
Howard P. Elliott v. Continental Casualty Company, 06-CC-1505 (La. 2/22/07) [14 pp.]
From LSCR Volume 15, Issue 3
          Plaintiff Howard P. Elliott, Jr. practiced law on various cases together with attorney Madro Bandaries. Fee disputes arose between the two; ... view full summary
74.UM waiver requires strict compliance with the commissioner's waiver form; resolving a split in the circuits.
Tammy Kay Duncan v. U.S.A.A. Insurance Company, 06-CC-0363 (La. 11/29/06]
From LSCR Volume 14, Issue 12
          The issue is whether UM coverage was validly waived when the line for policy number was left blank on the form prescribed by the commissione... view full summary
75.Insurer's payment of third-party property damage claim interrupts prescription; resolving a split in the circuits.
Mallett v. McNeal c/w Richey v. Infinity Ins. Co., 05-CC-2289 c/w 05-CC-2322 (La. 10/17/06) [18 pp.]
From LSCR Volume 14, Issue 11
          
          The Court granted a supervisory writ and consolidated these two cases to res... view full summary
76.Insurance policy reformed to reflect intent of the parties.
Mark Samuels v. State Farm Mut. Auto. Ins. Co., 06-C-0034 (La. 10/17/06) [9 pp.]
From LSCR Volume 14, Issue 11
          Alvin Samuels, his son Mark, and Mark's wife Patti were injured in an automobile accident, from which Patti died. State Farm issued an autom... view full summary
77.Extension of Katrina and Rita prescription constitutional as applied to nonfederal insurance.
State v. All Property and Casualty Ins. Carriers, 06-CD-2030 (La. 8/25/06) [24 pp.]
From LSCR Volume 14, Issue 9

          On August 29, 2005, Hurricane Katrina devastated the Gulf South region of the United States. On September 25, 2005, Hurricane Rita hit t... view full summary
78.Ambiguous policy allows higher, "per-person" coverage.
Hill v. Shelter Mutual Ins. Co., 05-C-1783 (La. 7/10/06) [9 pp.]
From LSCR Volume 14, Issue 8
          Decedent Cannon was a guest passenger in a vehicle driven by his wife, Kathleen Cannon, and insured by Shelter Mutual Insurance Company, whe... view full summary
79.Self-insured city not liable for penalties for failure to pay insurance claims.
Pumphrey v. City of New Orleans, 05-C-0979 (La. 4/4/06) [17 pp.]
From LSCR Volume 14, Issue 4
          Plaintiffs filed individual suits seeking penalties and attorney's fees for nonpayment and/or untimely payment of insurance benefits, which ... view full summary
80.Insurer not liable for interest on judgment in excess of policy limits.
Terry Leblanc v. Gail B. Aysenne, 05-C-0297 (La. 1/19/06) [11 pp.]
From LSCR Volume 14, Issue 2
          Plaintiff LeBlanc was involved in a motor vehicle accident with defendant Aysenne. Plaintiff filed suit against Aysenne, her insurer, and Le... view full summary
81."Ultrahazardous activity" insurance and indemnification construed.
Suire v. Lafayette City-Parish Consol. Gov't, 2004-C-1459 (La. 4/12/05) [36 pp.]
From LSCR Volume 13, Issue 5
           Plaintiff Suire filed this suit to recover damages for injury to his property caused by a construction project undertaken by the Lafayette ... view full summary
82."Defense Within Limits" policy construed.
Edwards v. Daugherty, 2003-C-2103 (La. 10/1/04) [39 pp.]
From LSCR Volume 12, Issue 11
          Plaintiffs filed suit against a sheriff's department and its "surplus lines" insurer, Sphere Drake, and recovered a judgment of $1.7 million... view full summary
83."No pay/no play" insurance law construed, resolving a split in the circuits.
Bryant v. United Services Auto. Ass'n, 2003-C-3491 c/w 2004-C-0028 (La. 9/9/04) [19 pp.]
From LSCR Volume 12, Issue 9
          Both of these consolidated cases involve automobile collisions in which the plaintiff was the owner of the vehicle that was struck, but the ... view full summary
84.UM coverage of separate-property cars construed.
Mayo v. State Farm Mut. Auto. Ins. Co., 2003-C-1801 (La. 2/25/04) [16 pp.]
From LSCR Volume 12, Issue 3
          This case interprets a fine point of UM coverage in automobile insurance. Scotty and Melissa Mayo bought cars prior to their marriage. Scott... view full summary
85.No direct action against an insurer for excess judgment for bad faith.
Langsford v. Flattman, 2003-C-0189 (La. 1/21/04) [4 pp.]
From LSCR Volume 12, Issue 2
          Plaintiff filed suit against defendant driver to recover damages for personal injuries he suffered when defendant backed into plaintiff's tr... view full summary
86.Penalties may be imposed against insurer without actual damages; resolving a split in the circuits.
The Sultana Corp. d/b/a Hannon Jewelers v. Jewelers Mut. Ins. Co., 03-C-0360 (La. 12/3/03) [10 pp.]
From LSCR Volume 11, Issue 12
          The Sultana Corporation d/b/a Hannon Jewelers (Sultana) sued its insurer, Jewelers Mutual Insurance Company (Jewelers), over an issue of ins... view full summary
87.Penalties against insurer reversed as manifest error.
Reed v. State Farm Mut. Auto. Ins. Co. (Parish of Evangeline), 2003-C-0107) [19 pp.]
From LSCR Volume 11, Issue 10
          The facts of this suit for penalties against an automobile insurer must be set out in detail. Plaintiff Bonnie Reed, in June, 2000 injured h... view full summary
88.Coverage for "relatives" does not include foster children.
Cadwallader v. Allstate Ins. Co., 2002-C-1637 (La. 6/27/03) [11 pp.]
From LSCR Volume 11, Issue 7
          Plaintiffs, M.S., N.A., and O.P., foster children of Dinnah Ruffin, were involved in a motor vehicle accident while guest passengers in a ve... view full summary
89.Insurer who participated in settlement precluded from using it as coverage defense.
Rollins v. Richardson, 2002-C-0556 (La. 12/4/02) [6 pp.]
From LSCR Volume 10, Issue 12
Plaintiff filed suit on behalf of her minor child after she allegedly contracted mediastinal fibrosis as a result of the refuse stored on her neighbors' property. The neighbors filed a third-party de... view full summary
90.Sole proprietorship is not a "separate" owner of sole proprietor's "business" vehicle.
Robinson v. Heard, et al., 01-C-1697 (La. 2/26/02) [6 pp.]
From LSCR Volume 10, Issue 3
Plaintiff was injured in an automobile collision while driving his personal vehicle. He sued his own automobile liability insurer, Imperial, for UM coverage. The insurance policy for the personal veh... view full summary
91.Policy not ambiguous merely because the declarations page is modified by exemptions from coverage.
Succession of Fannaly v. Lafayette Ins. Co., 01-C-1144 (La. 1/15/02) [9 pp.]
From LSCR Volume 10, Issue 1
          Defendant insurer appeals judgment for plaintiffs in a declaratory action for automobile liability coverage. Plaintiffs and their decedents ... view full summary
92.Named driver exclusion from automobile liability insurance is binding regardless of named driver's subsequent change in residency.
Jodi Kelley Williams v. Donald Watson, et al., No. 01-C-0495 (La. 10/16/01) [9 pp.]
From LSCR Volume 9, Issue 10
          Plaintiff sought damages for personal injuries when the car he was driving was rear-ended by a car driven by defendant Donald Watson. The de... view full summary

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