Dealing with the insurance claims process can be almost as stressful as facing the mess left behind from Hurricane Ida’s wake. Some insurers will act fairly, reasonably, and in good faith in adjusting and paying their policyholder’s claims. Unfortunately, many do not. In order for you to maximize your chances…
Dué Guidry Piedrahita Andrews Courrege L.C. attorney Kirk A. Guidry was recently recognized by his peers in Best Lawyers as the 2019 “Lawyer of the Year” for Product Liability Litigation – Plaintiffs in the Baton Rouge area. Only a single lawyer in each practice area and designated metropolitan area is honored as the…
Ashanti Green v. Michael Johnson, 2014-0292 (La.10/15/14), with Justice Hughes writing for the Louisiana Supreme Court, held that since the Allstate auto policy at issue contractually included UM coverage, the express provisions of the policy (or contract) governed whether UM coverage existed for the accident, and statutory UM coverage under…
The Louisiana Supreme Court held that a patient has (1) an implied private right of action for damages against a health care provider under the Health Care and Consumer Billing and Disclosure Protection Act, La. R.S. 22:1871, et seq., “Balance Billing Act”); and (2) an express direct right of action…
While insurance policies are executed for the benefit of all injured persons, such protection is limited by the terms and limits of the policy. On July 1, 2014, the Louisiana Supreme Court in a 4-3 decision, held that the reporting provision in a claims-made-and-reported policy is a permissible “term and…
No person can insure against his own intentional acts. Public policy forbids it. But public policy does not forbid one to insure against the intentional acts of another for which he may be vicariously liable. If the exclusionary language in the personal liability insurance policy applies to the intent of…
The intentional injury exclusion for injuries of a “a different kind or degree” or sustained by a “different person or property, than intended or expected” in personal liability insurance policies is enforceable and excludes coverage even if the seriousness of the injury is not intended expected or if a different…
When determining whether the intentional injury exclusion — “willful and malicious acts of any insured” — will preclude coverage in a personal liability insurance policy, it is immaterial whether the insured intended the actual resulting injuries. The act is “willful” if the actor has intentionally done an act of unreasonable…
When determining whether the intentional injury exclusion — “expected or intended from the standpoint of the insured” — will preclude personal liability insurance coverage, the subjective intent of the insured, as well as his reasonable expectations as to the scope of his insurance coverage, will determine whether an act is…
Louisiana Revised Statute 22:1269 (formerly La.R.S. 22:655), provides for a direct action against a liability insurer in two instances: 1) where the policy or contract of liability insurance was issued (domestic insurer) or delivered (foreign insurer) in Louisiana; or 2) where the accident or injury occurred in Louisiana. The Louisiana…