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
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,
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
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
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.