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
Earlier this month, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC. The question before the Court is whether, under federal admiralty law, a choice-of-law clause in a marine insurance policy can be rendered unenforceable if enforcement is contrary to a strong public
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,
Under Louisiana law, uninsured/underinsured (“UM”) insurers are under strict requirements to issue “good faith” unconditional tenders of the undisputed portion of the plaintiff’s damages. These unconditional tenders are not contingent on the final disposition of the case, rather they must be paid up front and cannot be recovered in the event of a lower judgment
The Louisiana Third Circuit Court of Appeal held that an insurer waived coverage defenses where the insurer failed to timely assert the specific coverage defense prior to the assignment of defense counsel by the insurer via a reservation of rights. See Teresa Jeffries v. Prime Insurance Company, et al., 2021-161 (La.App. 3 Cir. 11/3/21), —
Trippe Hawthorne, a partner, and construction lawyer at Kean Miller, was a featured author for the American College of Real Estate Lawyers (ACREL), where he wrote on the subject of contractors and what it means to be licensed, insured, and bonded. Many property owners see this nomenclature in marketing and promotional materials for General
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:
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
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.