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 »
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 »
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 »
The Fourth Circuit Court of Appeal recently provided the first ever Louisiana interpretation of certain provisions of an aircraft liability policy. In King v. Old Republic Ins. Co., 2016-0170 (La. App. 1 Cir. 9/7/16); 200 So. 3d 989, the plaintiff’s minor child was killed in the crash of a gyrocopter, an experimental amateur-built aircraft. The
Fourth Circuit Gives First Ever Louisiana Interpretation of Aviation Policy Endorsement Read More »
A provision in a homeowner’s policy excluding coverage for “continuous or repeated seepage or leakage of water … which occurs over a period of time” is not ambiguous, according to a recent decision by a Louisiana appellate court. The state Fifth Circuit Court of Appeal interpreted this policy language in a May 26, 2016 decision,
Seepage of Water “Over a Period of Time” Exclusion is not Ambiguous Read More »
A P&I policy generally requires a causal connection between a vessel and a resulting injury for coverage, according to a recent decision from the U.S. Fifth Circuit. On March 22, 2016, the Fifth Circuit handed down another decision in the Naquin v. Elevating Boats litigation, which arises out of an accident in 2009. In 2014,
P&I Policy Requires a Vessel, the Fifth Circuit Reminds Read More »
In the trucking industry, “Bobtailing” means that a tractor is being operated without a trailer attached. According to the Louisiana Third Circuit Court of Appeal, a Bobtail liability policy provides the insured with uninsured/underinsured motorist coverage, even when the tractor is not bobtailing, that is, attached to a trailer. In Castille v. Blum, handed down
Bobtail Policy Provides UM Coverage When Tractor Not Bobtailing Read More »
