News
Bobtail Policy Provides UM Coverage When Tractor Not Bobtailing
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
Contract to Salvage a Platform Covered Under LOIA
A contract for salvaging a fixed oil and gas platform in the Gulf of Mexico on the Outer Continental Shelf that supported a decommissioned well requires the application of the Louisiana Oilfield Indemnity Act (“LOIA”), according to a recent U.S. Fifth Circuit decision. In the same decision, the Fifth Circuit
Trucking Company’s Bad Safety Scores Not Proof of Irresponsibility
The U.S. Fifth Circuit recently upheld the dismissal of a personal injury lawsuit against a trucking company that contracted with another trucking company with high BASIC scores in unsafe driving, fatigued driving and maintenance. The plaintiffs in the lawsuit were injured in a collision with a truck operated by A&Z
Property Loss Provision Interpretation Under Texas Law
The U.S. Fifth Circuit recently faced some atypical language in a homeowner’s policy written in Texas, providing guidance in interpreting property loss provisions under Texas law. In its January 28, 2016, opinion, the court first had to determine whether the insureds or the insurer bore the burden of proving depreciation
Louisiana Summary Judgment Changes Now in Effect
As of January 1, 2016, a number of revisions came into effect regarding Louisiana Code of Civil Procedure Art. 966. The purpose of these changes is to revise and clarify the procedure for motions for summary judgment. Despite these changes, it is important to note that the legal standard for
Ordinance or Law Provision Requires Renovations to Undamaged Building, according to Fifth Circuit
The U.S. Fifth Circuit recently interpreted an “Ordinance or Law” provision of an insurance policy under Louisiana law, holding that the provision required an insurer to pay for renovations to buildings at a property site that were not damaged in a fire in one of the other buildings at the
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