Insight and Information on Louisiana Law, Litigation, and Legal Culture
The Louisiana Fourth Circuit Court of Appeal held that an insurer must provide a complete defense to its insured in long-latency disease cases and that the duty to defend is not subject to proration. See Arceneaux v. Amstar Corp., 2014-0271 (La. App. 4 Cir. 2/25/15), 2015 WL 798980.
In Arceneaux, American Sugar sued…
We have become accustomed to having regular check-ups with our doctors. The doctor will analyze our current physical condition, including heart rate, blood pressure, cholesterol level, lung condition or otherwise. The doctor may order a treadmill test or a screening for a particular function. The doctor will also compare current test results to any prior…
The legal process typically begins with a claim, which, if not resolved, can result in a lawsuit. There are steps a business should take to protect itself at the claim stage, or when a lawsuit is served. Larger businesses may have a risk manager with the formal training and experience needed to respond to a…
A lawsuit is on the horizon, or you have been sued, so you have given proper notice to your insurance company. Your insurance company sends a letter acknowledging the claim or suit, acknowledges its duty to defend, and states variations of any of the following:
“Please be advised that our review of this matter…
You purchased insurance thinking that if you are sued or subject to a demand for money or damages your insurance company will defend and indemnify you. Unfortunately, insurers deny many insureds requests for defense and indemnity. Consider the following actions if your insurer denies your request for defense and indemnity.
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