Louisiana Insurance Newsletter – January 2021

Dear Friends: In this latest newsletter issue, we report on several Louisiana coverage cases of interest.  But we also report on several cases outside Louisiana that we had not previously discussed and that made Randy Maniloff’s list in Coverage Opinions of the top 10 coverage opinions of 2020.  The two most interesting decisions involve courts […]

Louisiana Insurance Law Newsletter – November 2020

Dear Friends: This newsletter discusses several Louisiana cases of interest regarding insurance and personal‑injury claims, as well as three insurance-coverage cases outside Louisiana, which were recently highlighted by our friend Randy Maniloff in his latest issue of Coverage Opinions. There are also options to buy to let insurance these days. If you have any questions, […]

Louisiana Tort Reform Act of 2020 (“HB 57”)

On July 13, Louisiana Governor John Bel Edwards signed House Bill 57 (“HB 57”), the Louisiana Civil Justice Reform Act of 2020, which changes Louisiana procedural and tort law in several respects.  These are the major changes: Jury Trial—A jury trial is now available where any plaintiff’s cause of action exceeds $10,000.  Currently, for a […]

Louisiana Insurance Law Newsletter – August 2020

Dear Friends: In this issue, we discuss cases involving an intentional-act exclusion found inadequate; a reservation of rights letter found inadequate; the construction contract anti‑indemnity statute; and of course UM waivers. If you have any questions, feel free to call or email. And as always and especially in these difficult times, thanks for your continued patronage […]

Coronavirus Aid, Relief, and Economic Security (CARES) Act

By Lawrence L. Lewis We hope that you are keeping yourself, your loved ones, and your community safe from COVID-19 (commonly referred to as the Coronavirus). Along with those paramount health concerns, you may be wondering about some of the recent tax changes meant to help everyone coping with the Coronavirus fallout. In addition to […]

LOUISIANA INSURANCE LAW NEWSLETTER – APRIL 2020

By Richard J. Petre, Jr. UM – Waiver – Policy Changes In Williams v. Mosley, 2019 CA 0578 (La. App. 1 Cir. 1/9/20), the Louisiana First Circuit Court of Appeal affirmed summary judgment to a UM insurer, finding that the plaintiff’s UM waiver was valid.  The plaintiff made two arguments that the waiver form was […]

Is Business-Interruption Coverage Available?

By Richard J. Petre, Jr. With the suspension of business activities because of the coronavirus and resultant governmental shut-down orders, small business owners are reviewing their insurance policies to see whether they have business-interruption insurance for their losses. To those seeking such coverage, there are two major hurdles. First, the policies require that the suspension […]

Louisiana Insurance Law Newsletter – October 2019

Written by Richard Petre This newsletter highlights several interesting out-of-state decisions—an excess insurer seeking allocation between covered and non-covered claims, a telephone voice-mail reservation of rights, and the question of whether in Texas applying the “eight-corners” test depends on the policy’s wording. And we do have a Louisiana decision that discusses how the bad-faith penalty under […]

Louisiana Insurance Law Newsletter – August 2019

Written by Richard Petre This issue highlights two recent Louisiana decisions on the business exclusion in homeowners’ insurance policies as well as a major federal court of appeals decision addressing insurance issues in molestation cases. But the big news is that Claitor’s Publishing Division has finally published the fourth edition of Louisiana Liability & Property Insurance […]

Louisiana Insurance Law Newsletter – June 2019

Written by Richard Petre In this newsletter, we begin with a non-coverage case, reporting on a major collateral‑source ruling by the Louisiana Supreme Court on whether personal-injury plaintiffs who received workers’ compensation can recover as medical expenses what the health care providers originally charged, including the amounts “written off,” or what workers’ compensation actually paid […]