Insurance Coverage and Recovery

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On May 5, 2015, in Kelly v. State Farm Fire & Cas. Co., 14-1921 (La. 5/5/15); 2015 WL 2082540, the Louisiana Supreme Court, in response to certified questions from the U.S. Fifth Circuit Court of Appeal, issued a unanimous decision reaffirming and clarifying the duties owed by insurers to their insureds.  The Kelly Court

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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

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