Under the Commercial Arbitration Rules of the American Arbitration Association, the arbitrator has the power to require one of the parties to pay the full deposit for the arbitration hearing. Such a ruling is left to the discretion of the arbitrator, and a court should not interfere with it. Dealer Computer Services Inc. v...
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The amendment to CCP Article 561(A)(2) governing abandonment of claims where the failure to take a step in the prosecution or disposition was a direct result of hurricanes Katrina and Rita should not be applied retroactively where the three year period had not run on August 26, 2005, but had tolled before the July...
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The Supreme Court concludes that no fault medical payment provision in an insurance policy is payable irrespective of the defendant’s liability in tort, and thus payment of the medical expenses only, without other acts by the insured, does not constitute an acknowledgment of general liability for damages. Titus v IHOP Restaurant, Inc., No. 09-CC-951 (12/1/09)
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The Fifth (La.) Circuit has concluded that a court may impose penalties under both CCP Arts. 863 and 1471 and under R.S. 22:1220. In the instant case, the court found that the defendant failed to name all relevant insurance policies on discovery, and that the insurer subsequently was found in violation of its duty...
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A person who is not an insured for liability purposes is not an insured for uninsured motorist purposes; a driver who is excluded from liability coverage under an insurance policy, pursuant to R.S. 32:900(L), also is precluded from recovering under the policy’s UM coverage. Filipski v Imperial Fire & Cas. Ins. Co., Supreme Court,...
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LADC members should have received the 2010 dues notice. Please renew your membership. The LADC is one of the three largest state defense lawyers’ organizations in the nation. We are proud of this, and we hope you are proud to be a member of the LADC. It is our goal to continue growing. Thank...
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Buenos Aires, Argentina, April 11-16, 2010. We have only three rooms remaining, and you are urged to register as soon as possible to hold a place. Our host hotel, the Alvear Palace (www.alvearpalace.com), is reputed to be the finest hotel in South America. The American Ambassador, Vilma Martinez, has agreed to greet us at...
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Scheduled for February 5–6, 2010 at The University Club in Shreveport. For registration materials, click here: Registration Materials.
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Last call to sign up for the LADC Ski Seminar at The Charter at Beaver Creek! The trails at Beaver Creek opened on November 25. You can check the ski conditions by going to skireport.com. LADC is tax exempt for 2010. Therefore, accommodations are very affordable and we have been given an extension on...
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