Insurance Coverage: Representative Works
Insurance Coverage
Mr. Leche represented an insurance company in a coverage matter arising from a Comprehensive General Liability (CGL) policy issued by the client. The alleged insured and a wharfinger insurer of the insured filed suit against the client CGL insurer, seeking reimbursement of $4 million which had been paid to settle an underlying maritime personal injury lawsuit. The underlying case arose out of an injury on a barge used to ship the insured's steel products. The insured was shipping its products in the barge by way of a contract of affreightment and thus the insured was not the owner or owner pro hac vice of the barge. The insured allegedly loaded the products into the barge negligently, causing the plaintiff longshoreman (not an employee of the insured) to sustain injury on the barge when the products were being unloaded. The underlying personal injury lawsuit had been brought as a tort action against the insured pursuant to Section 933 of the Longshore and Harbor Workers' Compensation Act. The insured's wharfinger insurer, which had contributed to the settlement of the underlying case, pursued its claim against the client CGL insurer based on both subrogation and assignment. The client CGL insurer had denied coverage for the personal injury claim based on watercraft and LHWCA exclusions in the CGL policy. Mr. Leche filed a motion for summary judgment based primarily on the LHWCA exclusion, demonstrating that it was not designed to exclude claims by the insured's employees, but to exclude third-party tort claims by individuals who were otherwise covered by the LHWCA. The U.S. District Court for the Eastern District of Louisiana granted the motion, dismissing the claim for coverage under the CGL policy.
Bayou Steel, et. al vs. Evanston Insurance Co., et. al, USDC EDLA No. 07-1034
Insurance Coverage
Mr. Kerrigan and Mr. Esnard handled this case where a medical clinic filed suit against its insurer and broker for alleged business interruption losses in the amount of $900,000, which it sustained as a result of Hurricane Katrina. The firm represented the broker and successfully obtained a dismissal via summary judgment on the grounds that the medical clinic's claims were perempted under La. R.S. 9:5606.
East Bank Primary Care Associates, LLC v. USI Gulf Coast, Inc., et al
Insurance Coverage - Manuscript Property Policies Exclusion
Mr. McReynolds handled this Travelers’ motion for summary judgment that was granted, holding that the policy unambiguously excluded coverage for damages to pipes "buried underground."
Tonti Realty Corporation v. Travelers Indemnity Co. of Illinois, 2001 WL 969115 (E.D. La. 8/23/01).
Insurance Coverage - Property Dispute - Appeal
Mr. McReynolds successfully defended Travelers in a coverage dispute with Fair Grounds arising out of the fire at the Fair Grounds race track in December of 1993. Fair Grounds was claiming blanket coverage under a property policy and sought coverage and payment for an additional $18 million under the policy. The court found that the policy was a scheduled policy, denied the bulk of the Fairgrounds’ claims for additional money, but awarded Fairgrounds 2.4 million in additional compensation for loss of business income. The Fifth Circuit reversed the BI award on appeal. The decision clarifies the jurisprudence on law of agency, blanket and scheduled coverage, and the proper application of Louisiana’s Entire Policy Statute, R.S. 22:628.
Fair Grounds Corporation v. Travelers Indemnity Company of Illinois, et al, No. 99-301 (La. App. 5 Cir. 09/28/99), 742 So.2d 1069, 1999 La. App. Lexis 2650, writ den’d, 99-3280 (La. 1/28/00), 753 So.2d 831
Insurance Agents - Universal Life Policies
Mr. McReynolds handled. Agent dismissed on motion for summary judgment - no appeal was taken.
Birdsall v. New York Life Ins. Co., et al, 00-13823 (CDC, Orl., 2000).
Professional Liability - Insurance Agents - ERISA - Class Action
Plaintiffs sought class action against life insurance company and its agent for benefits allegedly due under an ERISA defined plan. Mr. McReynolds handled. The agent was dismissed on motion for failing to state a claim on grounds that ERISA provided no claim against the agent as a non-fiduciary and pre-empted all state law causes of action for relief. Dismissal order entered by district court in November, 1999, but not released for publication.
Davis v. Northwestern Mutual Life Ins. Co., et al, 99-1670 (E.D. La.), pending.
Insurance Coverage
Mr. Wright handled this case denying coverage for a claim made and reported subsequent to the expiration of a claims-made policy.
Lloyd v. Ichinose, Supreme Court of Louisiana, 1999 La. Lexis 2232, September 8, 1999.
Insurance Coverage - Appeal
Mr. Murphy secured reversal of a $1.3 million plus judgment based on a lack of insurance coverage under a business auto liability policy.
Rickie Dupre and Darla Samanie Dupre, et. al v. Jarret Maynard, et. al, 692 So.2d 36 (La. App. 1st Cir. 1997).
Insurance Coverage - Appeal
Mr. Murphy obtained a reduction in a $41 million judgment awarded for damage to an oil well to $44,309 based on a lack of insurance coverage and plaintiff’s failure to establish a right of action for allegedly impaired mineral rights.
Bruce T. Massey v. Decca Drilling Company, Inc., 647 So.2d 1196 (La. App. 2nd Cir. 1994).
Insurance Coverage
Mr. Murphy successfully defended an uninsured motorist insurer by establishing the validity of a uninsured motorist rejection form through the introduction of parol evidence, resulting in the insurer avoiding a $400,000 plus judgment.
Donald Alford v. Lawrence Woods, Jr., 614 So.2d 1299 (La. App. 3rd Cir. 1993).
