In Silva v State Farm Mut. Auto. Ins. Co., the plaintiff sued defendant, defendant’s liability insurer, and plaintiff’s UM carrier. The UM carrier was not served and subsequently was dismissed without prejudice. The plaintiff then settled with the defendant and his insurer; the release dismissed all claims against the defendant, his insurer, and “any...
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A health care provider’s lien against settlement of insurance proceeds or payment of a judgment is invalid unless the lien is sent by certified mail and includes the location of the health care provider. Metcalf v Christus Health Southwestern Louisiana, Third Circuit, No. CA 09-869 (3/3/10) (Cooks, J, concurs)
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The LADC Trial Academy, previously scheduled at Loyola University New Orleans College of Law on August 5-7, 2010, has been cancelled due to low registration.
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For the April 2010 LADC Newsletter, click here: LADC April 2010 Newsletter.
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Pursuant to Article VI, § 2 of the LADC Bylaws, as amended in 2005, LADC members may vote for directors to fill the eleven (11) vacant slots on the LADC Board of Directors. The vacancies are not the usual eleven. In District 5 none are to be elected this year because one director resigned...
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Although insured may not have been able to read the UM waiver form which was printed in English, the insurance agent spoke with insured in Spanish at all relevant times; thus nothing prevented insured from asking questions if he felt he did not understand what he was signing. Held, summary judgment upholding the waiver was...
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A compromise settlement between the plaintiff and the driver, owner and insurer of the offending car provided that plaintiff released “all other persons, firms and corporations” and did not expressly reserve plaintiff’s rights against other defendants. Held, the settlement released the driver’s employer and the employer’s insurer, where there is no allegation that the...
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Deposition testimony filed in the record in connection with an earlier exception may be considered on a subsequent motion for summary judgment; Article 966B does not require that deposition testimony already filed in the record be introduced into evidence at the hearing on the motion for summary judgment. Gatlin v Guy A. Kleinheitz Wheels,...
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The exclusion of government owned vehicles from uninsured/underinsured motorist coverage thwarts the expressed public policy of the UM statute and is unenforceable. Thus the trial court errs in using the policy language (coverage does not include a vehicle owned by any government or any of its political subdivisions or agencies) to deny coverage. Mednick...
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Plans for the LADC North Louisiana CLE program have been finalized. The program will be held on February 5–6, 2010 at The University Club in Shreveport. A total of 10.0 hours of CLE credit can be earned. A cocktail reception will also be held at the conclusion of the Friday program. Speakers include a...
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