June marks the beginning of Hurricane Season and should serve as a reminder to review your personal and business property insurance coverage. The effect of recent Hurricanes on the Gulf Coast generally and Louisiana specifically have been significant with respect to both damages and the insurance covering those damages.
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Louisiana in General
Law Firm Peer Review
By Charles McCowan on
Posted in Louisiana in General
The country is fixated with whether the 1,000 plus page American Recovery and Reinvestment Act (2), or near trillion dollars economic stimulus package, contains the necessary elements and spending mix to reinvigorate the economy. Equally important to every lawyer’s financial future, however, should be whether their firm, be it large or small, is ready to meet the 2009 economic challenges presented; or, does the firm need to enact a “Law Firm Evaluation and Recovery Act?” In order to answer this important question, firm members may wish to consider a law firm procedures and systems review to take the legal pulse of the firm’s health.
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The National Flood Insurance Program’s S.F.I.P. Proof of Loss Requirement: A Trap for the Unwary
By Kean Miller on
In the aftermath of Hurricanes Gustav and Ike, homeowners filing flood insurance claims under the National Flood Insurance Program’s (“NFIP’s”) Standard Flood Insurance Policy (“SFIP”) should exercise extreme caution to avoid running afoul of the SFIP’s Proof of Loss requirement.
SFIP policies require that insureds asserting a claim file a Proof of Loss within 60 days, subject to such extensions as FEMA may approve, listing “the actual cash value of each damaged item of insured property, the amount of damage sustained, and the amount claimed as due under the policy to cover the loss.”
Courts have consistently enforced this requirement in an extremely strict and severe manner, holding that failure to timely file a Proof of Loss complying with the regulatory requirements is a valid basis for denying an insured’s claim. If the policyholder does not strictly comply with the Proof of Loss requirement, the policyholder may not file suit to recover under its SFIP. That the insured’s losses are covered under the policy is irrelevant. The conduct of the insurer/adjuster in adjusting the claim is irrelevant. Timely filing a proper proof of loss is essential to filing suit under the SFIP.Continue Reading The National Flood Insurance Program’s S.F.I.P. Proof of Loss Requirement: A Trap for the Unwary
Louisiana Diversity Forum Scheduled for October 16
By Kean Miller on
Posted in Louisiana in General, Uncategorized
On October 16, 2008, the Kean Miller Diversity Council will present the second-annual Louisiana Diversity Forum at the Hilton Baton Rouge Capitol Center. The Louisiana Diversity Forum provides a platform for distinguished guest speakers to provide their own insights and ideas on diversity-related topics. The 2007 Louisiana Diversity Forum attracted over 100 attendees from business,…
Louisiana Mercury Risk Reduction Act – Proposed Rule Released by LDEQ
By Kean Miller on
I. LDEQ Recently Issued Proposed Rule Pursuant to Louisiana Mercury Risk Reduction Act to Reduce Use of Mercury-Containing Products and to Force Proper Disposal or Recycling of Mercury-Containing Products
In the August 2008 publication of the Louisiana Register, the Louisiana Department of Environmental Quality (“LDEQ”) issued a proposed rule that will supplement the procedures and requirements set forth in the Louisiana Mercury Risk Reduction Act (La. R.S. 30:2571–2588) for manufacturers of mercury-added products offered for sale, users of mercury-added products in drinking water and wastewater treatment systems, and dismantlers of end-of-life productions that contain mercury-added products within Louisiana (hereinafter “Proposed Rule”). See, La. Admin. Code Tit. 33, §§ 2701, 2703, 2705, 2707, 2709, 2711, 2713, 2715, 2717, 2719, and 2721 (2008). The Proposed Rule was published after the LDEQ’s consideration of numerous comments received in response to a rule published by the LDEQ in the December 2007 Potpourri Section of the Louisiana Register.
The Louisiana Mercury Risk Reduction Act was enacted in June 2006. The law was the first of its kind and provided the LDEQ with the authority to regulate mercury-added products and also gave the LDEQ the authority to handle unregulated mercury sources. The stated intent of the Louisiana Mercury Risk Reduction Act was to “achieve significant reductions in environmental mercury by encouraging the establishment of effective state and local waste reduction, recycling, and management programs while encouraging non-mercury alternatives.” La. R.S. 30:2571(C).Continue Reading Louisiana Mercury Risk Reduction Act – Proposed Rule Released by LDEQ
Victims of 2005 Hurricanes Get Additional Year to Sell Vacant Land
In IRS News Release 2007-134 issued on July 31, 2007, the Internal Revenue Service has granted an additional year to the time limit for victims of Hurricanes Katrina, Rita and Wilma to sell the vacant land upon which their home had sat and was destroyed as a result of the hurricanes.
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Corps of Engineers Releases 100 Year Flood Maps for New Orleans Metro Area
By Erich Rapp on
Corps of Engineers Releases 100 Year Flood Maps for New Orleans Metro Area
On Wednesday June 20, 2007, the Army Corps of Engineers released its long anticipated 100 year flood maps for various parts of the New Orleans metro area. While the maps depict some improvement over the flood risk that existed before Hurricane Katrina,…
United States District Court Dismisses Katrina-Related Federal Tort Claims Act Lawsuit
By Erich Rapp on
On May 30, 2007, United States District Judge Stanwood R Duval dismissed a class action lawsuit by residents of South Louisiana claiming damages from Hurricane Katrina. The court ruled that the plaintiffs had failed to exhaust their administrative remedies with the federal government before filing their Federal Tort Claims Act suit. The lawsuit accused the…
Intellectual Property Due Diligence In a Community Property State
By Kean Miller on
Posted in Intellectual Property, Louisiana in General
The purpose of due diligence in the acquisition of licensing of intellectual property assets (namely patents and copyrights) is to give a buyer an opportunity to investigate and evaluate the asset concerned in some detail. More particularly, due diligence involving patens and copyrights can present ownership issues if the author/inventor is or was married and resides in a community property state. Whatever level of diligence is required for the particular transaction, the buyer should consider inquiring as to the current and past marital status of the inventor/author of the intellectual property if the inventor/author is either the seller; a direct owner of the seller; or in some cases, even a past owner of the intellectual property.
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An Answer to the Age-Old Question – Can Businesses Make Campaign Contributions in Louisiana?
By Gordon Polozola on
Posted in Business and Corporate, Louisiana in General
Yes, businesses are allowed to make campaign contributions in Louisiana. The limits vary depending upon the office being sought by the candidate to whom the business wishes to contribute. The limits (as of the date of this article) are set forth below. Individuals are subject to the same contribution limits.