Insurance Defense
Two Strange Cases Highlight the Need for a Plaintiff to Keep His Dates Straight
In Louisiana, what most states refer to as the “statute of limitations” is called a “prescriptive period.” Just like a statute of limitations, this is... More
Insurer-Specific Multi-District Insurance Litigation Uncertain With Scores Of COVID-Related Business Interruption Claims
With so many businesses affected by nationwide shut-downs due to COVID-19 this year, businesses across the country have begun filing “business interruption” claims against... More
Second Injury Fund Not Entitled to Audit Medical Expenses Paid by Insurer in Workers’ Compensation Case
In the First Circuit case of Nationwide Agribusiness Insurance Company v. State Workers’ Compensation Second Injury Board, 2020 WL 3287042, 2019-1101 (La.App. 1 Cir. 6/18/20),... More
In Recent Maritime Tort Action Eleventh Circuit Says Jury Should Decide Medical Damages
In a recent case, Higgs v. Costa Crociere S.P.A., 969 F.3d 1295 (11th Cir. 08/1420), the Eleventh Circuit found that in a maritime tort action,... More
UPDATE: U.S. Attorney Announces Guilty Plea By Alleged Staged Accident Ringleader
A total of eight individuals have previously been indicted in a New Orleans-based insurance fraud scheme involving staged motor vehicle accidents. Five of those... More
Michigan Court Delivers First US Decision on COVID Business Interruption Claims
In a moment that insurance coverage attorneys nationwide have anticipated since mid-March, a U.S. court has granted an insurer’s motion to dismiss a policyholder’s... More
Louisiana Supreme Court Releases Short Opinion With Significant Application to Tort Litigation
On June 3, 2020, the Louisiana Supreme Court released a short opinion with significant application to tort litigation in Louisiana, granting writ application and... More
Louisiana Legislature Passes Civil Justice Reform Act Of 2020
On June 30, 2020, the Louisiana Legislature passed House Bill 57, the Civil Justice Reform Act of 2020, which represents a compromise on the... More
The Housley Presumption and Recent Legislative Proposals
After liability, the next question in any personal injury case is medical causation: did this accident cause the injuries complained of by the Plaintiff?... More
Louisiana Governor Vetos Tort Reform Bill
We previously reported on Senate Bill 418, the “Omnibus Premium Reduction Act of 2020” that was passed by the Louisiana Legislature. On Friday, June... More