News
Insured May Be Responsible for Pro Rata Share of Defense Costs in Long-Latency Cases
Defense costs may be prorated among insurers and the insured in long-latency disease cases, according to a recent decision by the Louisiana Supreme Court. This rule only applies in long-latency disease cases, the Court instructed, and was grounded in the language of the particular insurance policy at issue. The case
Offshore Floating Tension Leg Platform Not a Vessel
An offshore floating tension leg platform is not a vessel, according to the U.S. Fifth Circuit’s recent decision in Baker v. Director, OWCP, 15-60634 (5th Cir. 8/19/16). The issue in Baker involved whether a worker injured during the construction of an offshore platform was entitled to benefits under the Longshore
Seepage of Water “Over a Period of Time” Exclusion is not Ambiguous
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
Plaintiff Cannot Be Compensated for Help Managing His Damage Award
A Louisiana federal judge recently rebuffed a plaintiff’s attempt to extend the range of available damages to include an award for “financial management” damages in a Jones Act claim. The opinion contains little factual information, but the plaintiff apparently was 27 years old at the time of the injury and
Louisiana Third Circuit Awards Attorney’s Fees Even After Maintenance and Cure Paid
The Louisiana Third Circuit Court of Appeal recently decided an apparently novel issue under maritime law. The Third Circuit held that an employer that arbitrarily delays paying maintenance and cure is liable for the plaintiff’s attorney’s fees, even those incurred after the payment of maintenance and cure, if the employer
P&I Policy Requires a Vessel, the Fifth Circuit Reminds
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
Contact Our Firm
Address
400 Poydras Street, Suite 2450 New Orleans, LA 70130
info@ahhelaw.com
Phone
(504) 581-2606