Senate Bill No. 155, by Senator Murray, would prohibit contractual credit to a UM carrier for workers’ compensation and medical paid. The current version of the bill can be viewed on the Louisiana Legislature website: Current Text of Louisiana Senate Bill 155
Read more »
A Louisiana Sentate bill has been called to our attention in which LADC members (and their clients) may have an interest. Senate Bill No. 547 would enact Civil Code Article 2315.8 to provide for exemplary damages upon proof of “willful and wanton misconduct.” If enacted into law, this bill would authorize punitive damages for...
Read more »
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...
Read more »
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)
Read more »
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 the...
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 Wheels,...
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. Mednick...
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 by vacating...
Read more »
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)
Read more »
DRI News