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.
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.”
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.
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.
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.