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Louisiana’s Interpretation of Aviation Liability Policy Endorsement

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 […]

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No Firm Settlement Offer Needed to Trigger an Insurer’s Duty to Settle

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

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Fourth Circuit Gives First Ever Louisiana Interpretation of Aviation Policy Endorsement

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

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