A 2016 Louisiana appellate court ruling that rejected expansive readings of aircraft liability policies and endorsements therein remains the seminal case on the issue. Specifically, in King v. Old Republic Ins. Co., the Louisiana Fourth Circuit held an aviation policy does not afford coverage where the aircraft at issue: (1) is not listed on a […]
Louisiana’s Interpretation of Aviation Liability Policy Endorsement Read More »
Under existing Louisiana Supreme Court precedent, an insurer who subjects its insured to excess judgment may be liable for bad faith failure to settle claims, even in the absence of formal demand by a claimant. However, there are some caveats. Louisiana Revised Statute § 22:1973(A) provides: [a]n insurer . . . owes to his insured
No Firm Settlement Offer Needed to Trigger an Insurer’s Duty to Settle Read More »
Damage to business reputation and “delay” damages may be recoverable as “property damage” under a commercial general liability insurance policy, ruled the Louisiana Fourth Circuit Court of Appeal. This decision arose out of property damage to the Rice Mill Lofts Apartments in New Orleans. The apartments suffered water damage during heavy thunderstorms and during Tropical
Economic Losses May Be Recovered As Property Damages Under CGL Policy, Says State Court Read More »
Under existing Louisiana Supreme Court precedent, an insurer who subjects its insured to excess judgment may be liable for bad faith failure to settle claims, even in the absence of formal demand by a claimant. However, there are some caveats. Louisiana Revised Statute § 22:1973(A) provides: [a]n insurer . . . owes to his insured
A “Tug” May Be a “Tow,” Says U.S. Fifth Circuit Read More »
Adams Hoefer Holwadel, LLC offers educational presentations on a number of topics of interest to adjusters, risk managers, and other insurance professionals. The firm has already made presentations to many clients and interested groups on “Louisiana Marine and Energy Issues,” “The Pitfalls of the Adjusting Process,” “The Jones Act versus the Longshore Act,” and “How
Firm Offers Educational Programs Read More »
Indemnity agreements will not be easily inferred in the absence of a written contract, the First Circuit Court of Appeal recently reminded. In Walton v. Guidry, 2017-0784 (La. App. 1 Cir. 1/4/18), responsibility for payment of benefits under the Longshore and Harbor Workers’ Compensation Act hinged on whether an indemnification agreement existed between the nominal
Indemnity Agreement Not Inferred in Oilfield Contract Read More »
The U.S. Fifth Circuit recently announced a new, simpler test for determining whether a contract is maritime. Since 1990, the U.S. Fifth Circuit Court of Appeals has applied the multi-factor test found in Davis & Sons, Inc. v. Gulf Oil Corp., 919 F.2d 316 (5th Cir. 1990), in determining whether a contract is maritime and
U.S. Fifth Circuit Refines Test for Maritime Contract Determination Read More »
A fungal infection that led to the loss of an eye is not compensable under an accidental death and dismemberment policy, according to the U.S. Fifth Circuit. In Ramirez v. United of Omaha Life Ins. Co., 16-11660 (5th Cir. 10/6/17), the plaintiff traveled to west Texas for his employer, MS International, Inc. On one of
Eye Infection Not an Accident Under Dismemberment Policy Read More »
A Louisiana federal court recently determined that a non-trucking liability insurance policy excluded coverage for a motor vehicle accident that occurred when a bobtailed tractor was pulled over on the side of the road while the driver slept. A “non-trucking liability” insurance policy provides insurance for “bobtailed” tractors, a tractor operated without a trailer, when
Trucker Asleep in His Tractor Not Covered by Non-Trucking Liability Policy Read More »
In a case of first impression, the Benefits Review Board determined that payment of settlement proceeds under a state compensation act extends the time for filing a claim for occupational disease benefits under the Longshore and Harbor Workers’ Compensation Act. The claimant worked as a welder in the 1970s for the employer, and then worked
