My bet is that everybody is having a better weekend than the attorneys and others affiliated with McClenny Moseley and Associates.
Louisiana Department of Insurance Accuses Texas-Based Law Firm of Fraud and Unfair Trade Practices
The Louisiana Department of Insurance has taken the extraordinary step of filing an administrative action against a Texas-based law firm. I have been working in the first-party insurance claims business for over forty years. I have never seen anything like this.
Can The Right To Appraisal Be Waived? A Louisiana Perspective Worthy of Study
This morning’s post, Insurance Defense Attorneys Trying To Be The New Appraisal Stars—And Pick Up More Business Doing So, noted that a leading Louisiana insurance defense attorney suggests that insurers should invoke appraisal as a technique to avoid Louisiana law requiring prompt and full payment following claim investigation. This may be a motive in a recent case for an insurer in Louisiana to fight off arguments of waiver to invoke appraisal.1
Continue Reading Can The Right To Appraisal Be Waived? A Louisiana Perspective Worthy of Study
Back-to-Back Years of Major Hurricanes Quickly Changed Louisiana’s Property Insurance Marketplace
The Louisiana Property and Casualty Insurance Commission is a panel created by statute and made up of members from various backgrounds representing government, consumers, and members of the insurance industry. The panel exists to suggest changes and improve the State’s insurance market. To that end, the Commission reviews and examines issues affecting the availability and affordability of property and casualty insurance and creates a report covering its findings. I was reviewing the most recent report, which covers 2019 and 2020, and I thought it was interesting just how much has changed since the last report was released.
Continue Reading Back-to-Back Years of Major Hurricanes Quickly Changed Louisiana’s Property Insurance Marketplace
The Difference in the Outcome of Your COVID-19 Business Interruption Suit May Depend on Which Court You File In
In June, we noted in Louisiana Appellate Court Finds Coverage For Covid Business Losses, the Louisiana Fourth Circuit Court of Appeal opinion1 reversing a trial court’s judgment against an insured business affected by COVID-19. The case, Cajun Conti LLC, Cajun Cuisine 1 LLC, and Cajun Cuisine LLC d/b/a Oceana Grill v. Certain Underwriters at Lloyd’s, London and Governor John B. Edwards in his official capacity as Governor of the State of Louisiana, and the State of Louisiana, involves a popular New Orleans restaurant, known as Oceana Grill, which requested the trial court declare Business Interruption coverage existed under their policy. This type of request is referred to as a “Petition for Declaratory Relief,” as opposed to a request that a court compels another party to pay for losses that were caused by that party (referred to as a “Petition for Damages”).
Continue Reading The Difference in the Outcome of Your COVID-19 Business Interruption Suit May Depend on Which Court You File In
Check For Arbitration Provisions In Surplus Lines Policies
Arbitration provisions are becoming more common in surplus lines policies. These provisions affect how disputes will be resolved and where they will be resolved and can impact the legal rights of property insurance policyholders. These clauses are becoming so prevalent that I wrote a blog asking, Will Arbitration Be the New Appraisal?
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Alarm Bells Should Be Ringing For Anyone In Louisiana With An Unresolved Insurance Claim Stemming From Hurricane Laura
August 27th marks the two-year anniversary of Hurricane Laura’s landfall in Southwest Louisiana, and besides bringing back a lot of painful memories, that means it will be the last day to bring a lawsuit against insurers for damages caused by that storm.
Continue Reading Alarm Bells Should Be Ringing For Anyone In Louisiana With An Unresolved Insurance Claim Stemming From Hurricane Laura
Beware Public Adjusters – Danger Ahead in Louisiana!
Note: This guest blog post is by Holly Soffer, Esq., a policyholder attorney and General Counsel to the American Association of Public Insurance Adjusters.
Unfortunately, we are singing the same old song again in Louisiana, having to report new administrative actions filed against public adjusters for the unauthorized practice of law and licensing violations. The pursuit of these types of actions by the Louisiana Department of Insurance (LDI) has been dormant for a few years. As a result, some public adjusters have relaxed their concern about possible scrutiny by the LDI on their conduct. This is a mistake. Even armed with all the correct types of documents, however, one can still fall outside the law regarding conduct.
Continue Reading Beware Public Adjusters – Danger Ahead in Louisiana!
Louisiana Insurance Commissioner Proposes Fines Against Insurers For Wrongful Hurricane Claims Conduct
Louisiana Insurance Commissioner Jim Donelon has examined the claims conduct of five insurance companies. As a result of these Targeted Market Conduct Examinations, he has proposed substantial fines. The Louisiana Department of Insurance News Release announcing these fines noted in part:
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Condo Loses Claim Because of Statute of Limitations—Always Mark the Date to File Suit
Always check time frames for proof of loss and the time to file a lawsuit. I preach these are lessons because the time to adjust claims and resolve disputes seems to be dragging on. While some states allow for an “equitable tolling” where the time for limitations is tolled until a denial occurs, most states do not allow this extension.
Continue Reading Condo Loses Claim Because of Statute of Limitations—Always Mark the Date to File Suit