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Lafayette Insurance Law Blog

Legacy lawsuits and their implications in the oil/gas industry

An individual unfamiliar with the term “legacy lawsuit” might reasonably think it is litigation filed by the estate of a well-known decedent whose reputation or life’s work has somehow been tarnished by third parties.

Actually, it is something different altogether, and relevant in a quite distinct way to a single industry.

Some fundamental considerations regarding maritime law

An in-depth online overview of a select legal topic stresses that, “While state and federal laws can be confusing for non-lawyers, maritime law is a whole different beast.”

Indeed, the admiralty/maritime legal sphere can be a maze of complexity to people who first confront it or suddenly find themselves involved in a maritime law-linked legal matter.

Insurers cite justifications for sleep apnea monitoring

The “two sides to every story” adage often takes on stark significance when bad-faith accusations swirl around insurance companies. There is often a quick call to judgment in the public’s collective mind when tales emerge of insurers’ denied coverage in a given matter. A David-versus-Goliath twist to such stories often ensures that an insurer is backtracking from the outset and forced to justify actions taken.

And that rings true even in instances where logic and empirical evidence support an insurer’s conduct. An insurance company’s claim response that is widely reviled in some cases can actually promote the public’s interest, and in a material way.

Sometimes work comp claims just aren’t what they seem

The legal realm of workers’ compensation is both singular and complex, as well as involving more than an occasional dispute. We prominently note that on our website at the proven Louisiana insurance defense law firm of Caffery, Oubre, Campbell & Garrison. We note therein that the workers’ comp universe encompasses a “complicated maze of deadlines and regulations imposed by state and federal laws.”

And not only that. Outsized risks often challenge business principals in workers’ comp matters. We duly stress that, “From the moment a worker is injured, employers are faced with decisions that can affect their potential liability.”

Report finds Louisiana least affordable for auto insurance

Louisiana has recently won the distinction of having the least affordable auto insurance in the nation. A report by the Insurance Research Organization found the ratio of expenditures to median household income was the greatest in the nation.

The report found that in 2017, Louisiana’s bodily injury liability claim frequency was double that of the national average.

Considerations applicable to employees’ auto accidents

It certainly used to be the case that little fuzziness existed generally concerning whether an individual was engaged in on-the-job activities or indulging in personal behaviors having nothing to do with his or her employment. Traditionally, the phrase “acting in the course and scope of employment” long meant that a person was physically present and performing work-related duties on an employer’s terrain.

That expectation has increasingly gone by the proverbial wayside in recent years, though, in tandem with the development of mobile technologies that easily enable an individual to work from just about anywhere.

Court nixes policyholders’ claim for being tardy

It was a question of timing, stressed one state’s highest court, and a couple contesting an insurer’s denial of their policy claim erred on when the relevant legal clock started ticking.

And it was also a question of responsibility. In a lawsuit with relevance for insurers providing coverage to policyholders in Louisiana and elsewhere across the country, the Illinois Supreme Court admonished a suing couple dispassionately yet firmly. In a 5-2 appellate decision, justices ruled that the plaintiffs could not prevail on a policy claim because they apparently never made an effort to read their policy.

Employers’ protection against a prominent workplace threat

Louisiana employers spanning virtually every industry know that they must be on their proverbial toes when it comes to anticipating and protecting against employee complaints.

Those threats span a wide universe of subject matter, and they can easily spawn legal complaints and dire liability concerns.

A car’s safety features won’t necessarily lower insurance

Technology has gone a long way toward making cars, trucks and other motor vehicles safer. Today’s high-teach features means that drivers are safer than ever on the roads.

As automobile manufacturers develop better, more advanced safety features, many consumers are wondering whether their insurance premiums will decrease. After all, many safety features do reduce the likelihood of accidents. But there are several reasons why insurers do not necessarily lower their pricing because a vehicle has better safety technology.

Do underlying facts poke holes in that insurance claim?

“Half the story.”

That’s all that is likely forthcoming if you are an insurance investigator probing the details of a claim without having looked into social media information that might be relevant to it.

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With offices in Lafayette and New Iberia, our lawyers represent clients in state and federal courts throughout Louisiana. Contact us today to schedule your case assessment with one of our experienced attorneys. Email or call us at 337-446-2442 to reach our Lafayette office or call 337-352-2310 to reach our New Iberia office.

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