The Louisiana Legislature recently made substantial changes to the Louisiana Direct Action Statute, which is codified at Louisiana Revised Statute § 22:1269.
Effective August 1, 2024, and pursuant to Act 275 of the 2024 Regular Legislative Session, the new law substantially limits the right of an injured person to sue another party’s insurer and
On June 1, 2022, the United States District Court for the Eastern District of Louisiana reminded insureds of the importance of providing early notice to their insurers of claims that may trigger coverage.
In Nucor Steel Louisiana, LLC v. HDI Glob. Ins. Co., CV 21-1904, 2022 WL 1773866, at *1 (E.D. La. June 1,
The practice of engineering is regulated through licensure in all states. Whether and under what conditions a state will allow engineers to practice through limited liability entities (“LLEs”) (e.g., corporations, limited liability companies, and limited liability partnerships) varies from state to state:
The COVID-19 pandemic has forced a technological revolution, with many companies switching their workforce to remote solutions for the first time and now recalling those same workers back to offices as cities move to reopen. While working remotely has had significant benefits, it has also presented new and different risks to company data security. Now
On March 27, 2020, Louisiana’s Insurance Commissioner, Jim Donelon, issued Emergency Rule 39 in response to the COVID-19 pandemic. Emergency Rule 39 provides all commercial insureds in Louisiana the right to demand a “mid-term self-audit” to determine if their policy premiums should be reduced, as long as the commercial insurance policies are “rated using an
Businesses are scouring their insurance policies for coverage for COVID-19 losses. Among the insurance policies that may provide coverage for such losses are commercial property policies, pollution liability policies, general liability policies, workers’ compensation policies, and employment practices liability policies.
Coverage Under Property Policies (Business Interruption)
Commercial property insurance policies often provide coverage for
On October 22, 2019, the Louisiana Supreme Court issued its opinion in the Smith v. Citadel Insurance case. Kean Miller’s Insurance Recovery Team assisted several amici in presenting arguments to the Court in the case.
In Smith, the Louisiana Supreme Court held that an insured’s bad faith claims against its insurer are governed by
Policyholders are often disappointed in the amount of time their insurers take to investigate and pay claims. In 2003, the Texas Legislature enacted the Texas Prompt Payment of Claims Act (“TPPCA”) to facilitate the prompt investigation and payment of Texas insurance claims.[2] Codified at Section 542 of the Texas Insurance Code, the TPPCA imposes
Insurers in oilfield legacy lawsuits often argue they are not responsible for their insureds’ settlements with landowners because La. R.S. 30:29 (“Act 312”) requires the settlements to be deposited into the court’s registry for remediation. On March 7, 2018, the Louisiana Third Circuit Court dealt a significant blow to the insurers’ argument.
In Britt v.
In asbestos-related injury claims, some states, including Louisiana, base an insurer’s liability for defense and indemnity on the amount of time an insurer is “on the risk.” For instance, if a claimant was exposed to asbestos for a ten year period and the insurer issued policies covering five of those ten years, the insurer is