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
Court Provides Reminder to Insureds (Even Additional Insureds) to Provide Early Notice to Insurers to Maximize Policy Benefits
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,
Issuing Unconditional “McDill” Tender to Plaintiffs with Pre-Existing Injuries
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
Louisiana Appellate Court Confirms Waiver of Coverage Defenses by Insurer
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), —
“Good as Gold or Fool’s Gold – What Does It Mean to an Owner for a Contractor to be Licensed, Bonded, and Insured?”
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
Designated Responsible Engineers
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:
- Some states do not regulate engineering LLEs at all.
- Some states
Louisiana Business Owners Could Receive Premium Reductions by Requesting “Mid-Term Audits” from their Insurers
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
Texas Supreme Court: Appraisal Awards Not a Bar to TPPCA Delay Damages
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
Louisiana Court Rejects Insurers’ Arguments that Act 312 Requires Settlement Funds of All Oilfield Legacy Lawsuits to be Placed in the Court’s Registry
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.
Enforcing Arbitration Awards in Louisiana
Click here to review a Practice Note explaining how to enforce arbitral awards in the state and federal courts in Louisiana. This Note explains the procedure for confirming an arbitration award in Louisiana, and the grounds on which a party may challenge enforcement under Louisiana and federal law, including the New York Convention on the