Rosie

“Insured versus Insured” Exclusion Interpreted by Fifth Circuit

The U.S. Fifth Circuit recently interpreted an insurance policy exclusion prohibiting one insured from suing another party insured under the same policy.  In finding the exclusion inapplicable, the Fifth Circuit determined that a claim for indemnity differed from a claim for “property damage” as required by the language of the exclusion. In Kinsale Insurance Company v. […]

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No Negligent Spoliation in Louisiana

The Louisiana Supreme Court recently reigned in the remedies available against a party that inadvertently loses or destroys evidence.  In Reynolds v. Bordelon, 2014–C–2362, issued on June 30, 2015, the Court held that Louisiana does not recognize the tort of negligent spoliation of evidence. In Reynolds, the plaintiff alleged that the defendant auto insurer and its vehicle custodian

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Fifth Circuit Affirms Fraud Verdict Against Katrina Insurer

Ten years later, the courts are still handling cases related to Hurricane Katrina. The United State Fifth Circuit Court of Appeals recently issued a decision arising from fraudulent classification of claims submitted by insurers. This decision issued by the Fifth Circuit on July 13, 2015 did not directly address insurance coverage questions, but involved other

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Benefits Review Board Decides New Second Injury Fund Issue

The Benefits Review Board recently determined an employer’s liability under Section 8(f) in cases in which a claimant sustains successive aggravating injuries to the same body part.  Initially, the Board upheld the ALJ’s determination that the claimant sustained three distinct work injuries, all to his back.  The claimant initially injured his back in 1999.  After

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