Insurance Defense
MCS-90 Endorsement Versus Insurance Liability Coverage
The United States Court of Appeals for the Fifth Circuit recently ruled that an MCS-90 Endorsement to a commercial trucking insurance policy was limited... More
District Court Stays Direct-action Claim Against Insurers Pursuant to Bankruptcy Stay Provision
In a pending asbestos case, the U.S. District Court, Middle District of Louisiana, recently stayed a direct-action claim against two insurers pursuant to the... More
Use of Third Party Billing Agent Not Enough to Invoke Collateral Source
In the personal injury lawsuit, Walter George v. Progressive Waste Solutions of LA, Inc., 2022-CC-01068, the Louisiana Supreme Court found that the collateral source... More
Louisiana Supreme Court Rules UM Waiver Invalid Without Insurer’s Name on Selection Form
In a ruling of December 9, 2022, the Louisiana Supreme Court, in Berkley Assurance Company v. Melissa Willis as Parent/Guardian of Macy Lee Willis... More
COVID, Cajuns and Raw Oysters: A Tale of Business Interruption Insurance
Since the start of the COVID-19 pandemic and lockdowns, there has been a brewing and boiling conflict between business owners and their insurers. Did... More
Defendant Asserting Comparative Fault May Appeal a Summary Judgment Dismissing a Co-Defendant
In Amedee v. Aimbridge Hosp. LLC, 2021-01906 (La. 10/21/22), the Louisiana Supreme Court resolves a circuit split and holds a defendant pleading comparative fault... More
IME Parameters Revisited: A New Restriction Framework for Louisiana Additional Medical Examinations
In April, 2021, we reported on a case involving restrictions on Independent Medical Examinations. Though that opinion was unpublished, it seemed to be out... More
Louisiana’s Rear-Ending Motorist Presumption in a Disputed Fact Scenario
Under Louisiana law, a motorist who rear-ends another vehicle is presumed to be at fault based on interpretations of La. R.S. 32:81(A). This presumption... More
Louisiana Legislation Mandating Coverage for Permissive Use of Non-Owned Vehicles Signed Into Law
We previously reported regarding proposed House Bill 870 which will require all insurers to provide coverage when any insured is driving a non-owned vehicle... More
Fifth Circuit Court of Appeals Denies COVID-19 Business Interruption Claim Consistent With Trend Across All Federal Circuit Courts
Since the COVID-19 pandemic, businesses affected by state-mandated closures have been filing business interruption claims to seek compensation for their lost income, profits, and... More