News
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)
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 . .
Economic Losses May Be Recovered As Property Damages Under CGL Policy, Says State Court
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
A “Tug” May Be a “Tow,” Says U.S. Fifth Circuit
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 . .
Firm Offers Educational Programs
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
Indemnity Agreement Not Inferred in Oilfield Contract
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
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