Insurance Defense
Fifth Circuit Addresses Bailment and Eroding Policy Limits After Vessel Sank
National Liability & Fire Ins. Co. v. R&R Marine, Inc., — F.3d —- (5th Cir. 2014): This case arises after the sinking, and subsequent... More
When Is A Negligent Act Intentional?
On June 12, 2009, two steelworkers, Ulvaldo Martinez and Martin Reyes, were killed when a steel reinforcing bar cage collapsed during the widening of... More
Jury Awards $9 Billion in Bladder Cancer Case
In one of the biggest damages verdicts ever imposed, a jury in Lafayette, Louisiana, in the United States District Court for the Western District... More
Failure to Offer Evidence Results in Dismissal of Lawsuit
Plaintiff filed suit against a casino, alleging that she was injured in a slip and fall accident on a walkway in the casino’s parking... More
Louisiana Third Circuit Rejects Insurer’s Retroactive Cancellation Argument
Plaintiff was allegedly injured when he was pinned between a vehicle and a building. The driver of the vehicle was insured by Essentia Insurance... More
Premises Liability Plaintiff Falls Short on Summary Judgment
A woman slipped and fell at a P.F. Chang’s China Bistro (“the restaurant”) on her way to the bathroom and suffered injury to her... More
Uberrimae Fidei Revisited
A couple of years ago I brought to our attention the doctrine of uberrimae fidei, utmost good faith, in marine insurance. In a nutshell... More
Dealership Not Liable for Alleged Defective Airbag
Plaintiff purchased a 1995 Toyota Corolla from a used car dealership that had previously purchased the vehicle from a Toyota dealership after a trade-in.... More
Missing Certification in Pleading Leads to Nullified Discovery Requests
Plaintiff filed a claim against defendant, as both insurer and plan administrator, for denying her the ERISA disability benefits to which she argued she... More
Fall Into Hole Denied by Recreational Use Statute
Author: Patrick J. Babin Plaintiff was injured while attending a cross country meet on defendant’s (a paper mill) land when she fell into... More