Recent Developments

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...
Read more »

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...
Read more »

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...
Read more »

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....
Read more »

The United States Supreme Court has ruled that disclosure orders adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine. Effective appellate review of such orders can be had by other means, including post-judgment review. An appellate court can remedy the improper disclosure of privileged materials...
Read more »

New rules and legislation may one day require insurance-defense lawyers and their clients to notify plaintiffs directly of settlements. For more information, see  http://bit.ly/6pht25.
Read more »

In the case of an offending vehicle operated by its owner, once the insured claimant has proven the existence of the required primary policy of liability insurance for the offending vehicle and damages exceeding in monetary value the applicable limits of that policy, he has established a prima facie case for recovery under...
Read more »

The United States Supreme Court has ruled that disclosure orders adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine.   Effective appellate review of such orders can be had by other means, including postjudgment review.  An appellate court can remedy  the improper disclosure of privileged materials by vacating...
Read more »

Where there are three separate mileage submissions by the claimant which were either underpaid or paid late for different reasons, multiple penalties, totaling $9,000, are warranted under R.S. 23:1201(F).  Burnett v Village of Estherwood, Third Circuit, No. WCA 09-680 (12/9/09)
Read more »

Happy New Year from the LADC! The January 2010 LADC newsletter is available for download here: 2010-01-LADC-Newsletter. The new LADC website is up and running (at www.LADC.org) with information about recent tort and insurance law developments, upcoming CLE programs and other useful information. Check it out: New LADC Website. Last call to sign up for the LADC Ski...
Read more »