Key Developments

Insurance; Penalties; Discovery

December 23, 2009
By Dane Ciolino

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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UM Insurance

December 23, 2009
By Dane Ciolino

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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