The National Trial Lawyers is a member-driven organization composed of premier trial lawyers from across the country who meet stringent qualifications as civil plaintiff trial lawyers. Through educational and networking opportunities, the organization strives to help its members build law practices which encompass superior knowledge, skill, experience and success.

Only top trial lawyers from Louisiana who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. Prospective members of The National Trial Lawyers are carefully screened prior to receiving an invitation for membership. Membership is not automatically renewed; attorneys are reevaluated annually to determine whether their activities and accomplishments qualify them for continued membership.

This background, combined with hard work and extensive experience, has led to hundreds of millions of dollars in settlements and verdicts. This success has been shared with the many attorneys who refer cases to the firm - who find the firm's experience and funding assistance invaluable in representing their clients.

The members of Due', Price, Guidry, Piedrahita & Andrews combine their academic backgrounds, practical trial experience and financial "staying power" to add up to success for clients and the lawyers trusting the firm with referrals.

No person can procure a life insurance contract upon the life of another person, unless payable to the individual insured or his personal representatives, or to a person with an insurable interest in the individual insured at the time the contract was made. Insurable interest includes only

1. In the case of individual related closely by blood or by law, a substantial interest engendered by love and affection.

2. In the case of other persons, a lawful and substantial economic interest in having the life, health or bodily safety of the individual insured continue.

3. Certain business relationships gives rise to an insurable interest.

A spouse may effectuate life insurance upon the other spouse without his/her consent.

Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of the minor.

Additionally, no policy shall exclude or restrict coverage in the event of death occurring as a result of self-destruction while sane or insane after two years from the date of issue of the policy. There is a presumption against suicide. The insurer bears the burden of proving the deceased insured committed suicide to the exclusion of every other reasonable hypotheses of death by any other means. However, it is not required to offer proof sufficient to eliminate every speculative, fantastic, conjectural, frivolous, and imaginary hypothesis of death in any other way.

Selection for Best Lawyers is based on an exhaustive and rigorous peer-review survey comprised of more than 4 million confidential evaluations by the top attorneys in the country. Our annual Best Lawyers publication has been described by The American Lawyer as "the most respected referral list of attorneys in practice." Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor.

Best Lawyers in America is one of the most visible and targeted peer review publications in the legal profession.

Selection for Best Lawyers is based on an exhaustive and rigorous peer-review survey comprised of more than 4 million confidential evaluations by the top attorneys in the country. Our annual Best Lawyers publication has been described by The American Lawyer as "the most respected referral list of attorneys in practice." Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor.

Best Lawyers in America is one of the most visible and targeted peer review publications in the legal profession.

The U.S. News Media Group and Best Lawyers 2013 "Best Law Firms" rankings provide a comprehensive view of the U.S. legal profession that is unprecedented both in the range of firms represented and in the range of qualitative and quantitative data used to develop the rankings.

The third edition of these rankings features law firms given consistently impressive performance ratings by clients and peers. Achieving a high ranking is a special distinction that signals a unique combination of excellence and breadth of expertise.
The rankings, presented in tiers, showcase more than 10,000 law firms ranked nationally or by metropolitan region. Firms were ranked nationally in one or more of 80 legal practice areas and by metro or state in 118 practice areas.

The mission of "Best Law Firms" is to help guide referring lawyers and clients -- from the country's largest companies requiring corporate legal advice to individuals seeking counsel regarding personal legal issues.

Generally, the interest of the insured sought to be protected must have for its object the obviation of pecuniary or financial loss to or liability of the assured which would otherwise result from damage to or destruction of the insured property. If the loss or damage to the insured property does not expose the insured to either direct, immediate, or potential loss or liability, the insured is without insurable interest therein.

"[T]he determination of whether the insurer acted in bad faith turns on the facts and circumstances of each case. Of course, an insurer is not obliged to compromise litigation just because the claimant offers to settle a claim for serious injuries within the policy limits, and its failure to do so is not by itself proof of bad faith. The determination of good or bad faith in an insurer's deciding to proceed to trial involves the weighing of such factors, among others, as the probability of the insured's liability, the extent of the damages incurred by the claimant, the amount of the policy limits, the adequacy of the insurer's investigation, and the openness of communications between the insurer and the insured. Nevertheless, when an insurer has made a thorough investigation and the evidence developed in the investigation is such that reasonable minds could differ over the liability of the insured, the insurer has the right to choose to litigate the claim, unless other factors, such as a vast difference between the policy limits and the insured's total exposure, dictate a decision to settle the claim." Id.

Once a petition states one claim within the policy's coverage, the insurer has a duty to accept defense of the entire lawsuit, even though other claims in the petition fall outside the policy's coverage. Ellis v. Transcontinental Ins. Co., 619 So.2d 1130 (La. App. 4th Cir.), writ denied, 625 So.2d 1043 (La.1993).

If the insurer chooses to represent the insured but deny coverage, it must employ separate counsel. If it fails to do so, the insurer is liable for attorney's fees and costs the insured may incur in defending the suit. Dugas Pest Control of Baton Rouge v. Mutual Fire, Marine and Inland Ins. Co., 504 So.2d 1051 (La.App. 1st Cir. 1987).

When an insurer, with knowledge of facts indicating noncoverage under the insurance policy, assumes or continues the insured's defense without obtaining a nonwaiver agreement to reserve its coverage defense and without providing separate counsel, the insurer waives such policy defense. Steptoe v. Masco Construction Co., 643 So.2d 1213 (La.1994).

In determining whether the loss was caused by "accident," the loss must be examined from the viewpoint of the person injured and if the injury was unforeseen, unexpected, and extraordinary it must be held to have been caused by "accident." Id.

"Occurrence" policy: coverage is effective if the negligent harm occurs within the policy period, regardless of the date of discovery.

Livingston Parish School Board v. Fireman's Fund American Insurance Co., 282 So.2d 478 (La.1973).

"One of the seminal statements on the subject of distinguishing claims-made from occurrence policies was:

With the development of a more complex society, it became more reasonable, particularly with respect to the activities of professionals, to insure against the making of claims, rather than the happening of occurrences, and "claims made" insurance developed to meet a need for professionals to insure against the making of a claim as the insured event, rather than having to struggle with traditional concepts and difficulties inherent in determining whether the "event" insured against was the commission of an act, error or omission or the date of discovery thereof or the date of injury caused thereby.

The major distinction between the "occurrence" policy and the "claims made" policy constitutes the difference between the peril insured. In the "occurrence" policy, the peril insured is the "occurrence" itself. Once the "occurrence" takes place, coverage attaches even though the claim may not be made for some time thereafter. While in the "claims made" policy, it is the making of the claim which is the event and peril being insured and, subject to policy language, regardless of when the occurrence took place. Sol Kroll, The Professional Liability Policy "Claims Made," 13 Forum 842, 843 (1978)."