Insurance Company Delays

Car Insurance Exclusions: The Battle Between Intent and Fine Print

Published on: September 27, 2024 | By Berniard Law Firm

pexels-shkrabaanthony-5816283-scaled Car insurance policies can be riddled with complex terms and conditions, often leading to misunderstandings between policyholders and insurers. The case of Mandi and Abigail Ardda v. Danielle T. Peters, et al. brings this issue to the forefront, highlighting the challenges of navigating insurance exclusions and the importance of clear communication.

The Accident and the Insurance Claim:

Abigail Ardda was involved in a car accident while driving a car she co-owned with her husband, Mandi. They filed a claim with their insurer, GoAuto Insurance Company, but were shocked to discover Abigail was listed as an excluded driver, despite their belief that she was covered.

Subrogation Rights Upheld: Insurer’s Claim Prevails Despite Settlement

Published on: September 26, 2024 | By Berniard Law Firm

pexels-kindelmedia-7688374-1-scaled In the realm of insurance claims and legal disputes, the concept of subrogation often plays a crucial role. Subrogation allows an insurer, after paying a claim to its insured, to step into the insured’s shoes and seek reimbursement from the party responsible for the loss. But what happens when the insured settles their claim directly with the at-fault party? Does the insurer lose its right to subrogation? A recent Louisiana Court of Appeals case, Louisiana Farm Bureau Casualty Insurance Company v. David Scott Burkett, et al., sheds light on this issue.

The Accident and the Claim:

The case stemmed from a car accident where Katherine Burkett, insured by Shelter Mutual Insurance Company, collided with Jessica Hall, insured by Louisiana Farm Bureau Casualty Insurance Company. Farm Bureau paid Hall $5,000 for medical expenses under her policy and became subrogated to her claim for that amount.

Injured Worker Wins Right to Shoulder Surgery: Court Upholds Decision Against Employer and Insurer

Published on: September 20, 2024 | By Berniard Law Firm

In a victory for injured workers in Louisiana, the Court of Appeal for the Fourth Circuit recently upheld a decision granting Lorae Burnett the right to shoulder surgery following a work-related motor vehicle accident. The case, Burnett v. Full Force Staffing, LLC, & LUBA Casualty Insurance Company, centered on interpreting the state’s Medical Treatment Guidelines and whether the recommended surgery was medically necessary and appropriate.

Background of the Case:

Mr. Burnett, an employee of Full Force Staffing, was injured in a motor vehicle accident while on the job. He sought workers’ compensation benefits for various injuries, including significant pain in his right shoulder. After receiving conservative treatment that failed to alleviate his pain, Mr. Burnett’s orthopedic shoulder specialist, Dr. Savoie, recommended surgery.

Louisiana Court Upholds Insurer’s Position in Uninsured Motorist Claim Dispute

Published on: September 14, 2024 | By Berniard Law Firm

pexels-kindelmedia-7688374-scaled In a recent ruling, the Louisiana Court of Appeal, Third Circuit, affirmed a trial court’s decision denying Amanda Bertrand’s claim for penalties and attorney fees against her underinsured/uninsured motorist (UM) insurer, Progressive Security Insurance Company. The case stemmed from a dispute over the timeliness of Progressive’s payment following Ms. Bertrand’s demand for the limits of her UM coverage.

Ms. Bertrand was injured in a car accident in 2012. The at-fault driver’s insurance company, Farm Bureau, tendered its policy limits of $15,000 in early 2013. Subsequently, Ms. Bertrand notified Progressive, her UM insurer, of the accident and demanded payment of her $15,000 UM policy limits.

Progressive received Ms. Bertrand’s demand letter but requested an additional medical record from her treating physician. Upon receiving this record, Progressive promptly issued payment. However, due to a communication issue, Ms. Bertrand’s attorney indicated that the payment had not been received, leading Progressive to stop the initial payment and reissue it.

Unexpected Acceleration or Failure to Yield? Louisiana Court Reverses Summary Judgment in Car Accident Case

Published on: September 7, 2024 | By Berniard Law Firm

girl-with-red-hat-oaKGY3tYVvw-unsplash-scaled In personal injury law, car accidents at intersections are all too common. However, the case of Trapp v. Allstate Property and Casualty Insurance Company brings a unique twist: the claim of a sudden, unexpected vehicle malfunction. This Louisiana Court of Appeal decision underscores the importance of thoroughly investigating all aspects of an accident before assigning fault, especially when a vehicle defect may have contributed.

The case arose from an accident at an intersection in Louisiana. Mr. Trapp was entering the highway from a gas station parking lot when his truck collided with Mr. Martin’s truck. While Mr. Trapp was cited for failure to yield, Mr. Martin claimed his truck suddenly accelerated out of control, preventing him from avoiding the collision.

The trial court initially granted summary judgment, finding Mr. Martin 100% at fault. However, the Court of Appeal reversed this decision, stating that genuine issues of material fact existed regarding comparative fault and the potential for a third party (the vehicle manufacturer) to be at fault.

When Does an Insurance Contract End? Louisiana Court Reverses Summary Judgment in Dispute Over Coverage Extension

Published on: August 30, 2024 | By Berniard Law Firm

pexels-albinberlin-906982-scaled In the complex world of insurance coverage disputes, a recent Louisiana Court of Appeal decision underscores the importance of thoroughly examining factual issues before granting summary judgment. The case involved a personal injury lawsuit and a subsequent dispute over insurance coverage. The appellate court’s ruling is a stark reminder that seemingly straightforward cases can hinge on nuanced contractual interpretations and disputed facts.

The case originated from a 1998 accident where Bobbie Sanders, an employee of Mark A. Robicheaux, Inc., was injured while working on a vessel constructed by Swiftships, Inc. Sanders sued Swiftships, which, in turn, filed a third-party demand against its insurer, United Fire & Casualty Company, claiming coverage under a policy issued to Robicheaux.

The crux of the dispute was whether Swiftships qualified as an additional insured under Robicheaux’s policy, even though the initial contract between the two companies had expired. Swiftships argued that the business relationship continued under the original contract’s terms, while United Fire contended there was no agreement to extend the contract.

Driver Not Liable for Passenger’s Injury in Accident Beyond His Control

Published on: August 18, 2024 | By Berniard Law Firm

pexels-dominika-kwiatkowska-1796968-3368844-scaled Sometimes, being a passenger in a car can be a frustrating and disturbing experience. This is especially true when actions beyond the passenger’s control, such as being involved in a collision, put his or her life in danger. When such a situation arises, the injured passenger will, understandably, seek compensation from the responsible party. However, if the person who caused the accident leaves the scene and is never apprehended by law enforcement, an injured person may turn their attention elsewhere for financial compensation. Such a situation arose following a car accident on a stretch of highway between Jennings and Lafayette, Louisiana.

Kyle Jordan was driving a rental car with Riley Moulton as a passenger. The vehicle was sideswiped, causing Jordan’s car to flip over and injure Moulton. The hit-and-run driver was never identified, so Mouton sued both Jordan and the rental car company, EAN Holdings, for damages. The defendants moved for summary judgment, arguing that since Mouton admitted in his deposition that Jordan was driving safely at the time of the accident and did nothing to cause it, Moulton offered no evidence to support a theory of recovery against Jordan or EAN Holdings. The trial court granted the defendant’s motions for summary judgment. Mouton appealed to Louisiana’s Third Circuit Court of Appeal.

The Appellate Court reviewed the facts of the case as laid out by Mouton himself in his deposition testimony. Mouton stated that Jordan had set the cruise control in the car to 70 MPH, consistent with the speed limit, and was “driving correct.” He further testified that the accident occurred when Jordan made a proper change into the left lane to pass a large truck.

Prior Mistake Does Not Waive Insurer’s Defense In Subsequent Claim

Published on: October 24, 2023 | By Berniard Law Firm

supreme_court_building_washington_3_9-scaled If you are in a car accident and your insurance pays your claim, you likely expect the same thing will happen if you are subsequently in a similar accident. What happens if your insurer paid your prior claim, but tries to deny a subsequent claim?

Brandon Forvendel was injured in a car accident. When the accident occurred, he was driving a car he owned and was insured by State Farm. Forvendel had uninsured motorist coverage. After the accident, Forvendel recovered under his uninsured motorist policy.

When the accident occurred, he was living with his mother, who also had insurance through State Farm. Forvendel also tried to recover under his mother’s uninsured motorist policy, which had higher policy limits. State Farm denied his attempt to recover under both his and his mother’s policies under the anti-stacking provisions in La. R.S. 22:1295(1)(c). Forvendel then filed a lawsuit against State Farm.

Insurance Coverage Turns On Distinction Between Flood Damage And Mechanical Issue

Published on: September 6, 2023 | By Berniard Law Firm

dsc05934_0-scaled Dealing with the aftermath of a flood is never fun. This is especially true when the flood damages one of your vehicles. This is the situation Michael Jacobs found himself in after one of his cars was damaged in a flood. After a long fight with his insurance company, he eventually prevailed and was awarded damages.

Jacobs owned multiple vehicles that GEICO insured. His parish in North Louisiana was affected by heavy flooding. When the flooding started, Jacobs and his brother tried to move the vehicles from his house to higher ground but were unable to remove them before the floodwaters rose, so they could not drive up to the house. Jacobs waded through the floodwater to retrieve one of the vehicles, a 2001 Honda Accord. In the days following the flood, the Honda kept overheating. Jacobs claimed this had only occurred after the flood.

Jacobs submitted a claim to GEICO for the damage to the vehicle. The insurance inspector did not identify any flood-related problems and determined the upper radiator hose had blown out. Another mechanic gave Jacobs an opinion and concluded there were issues with his spark plugs. GEICO ultimately denied Jacobs’ claim because it had suffered a mechanical failure that was not flood-related. Jacobs filed a lawsuit against GEICO, alleging his Honda had been damaged from the flooding. At trial, the court ruled the Honda had suffered water damage and awarded vehicle property damages and attorney fees. GEICO filed an appeal.

Management Company Not Qualified As Additional Insured In Cleaning Company’s Insurance Policy

Published on: September 1, 2023 | By Berniard Law Firm

ladder_art_red_garden-scaled It can be challenging to interpret insurance policies, especially when they involve complex provisions such as coverage for an additional insured. Before signing an insurance policy, it is imperative to understand its language and what it does and does not cover. Here, the plain language of the insurance policy proved instrumental in the appellate court’s ruling.

Pamela Sloane was injured while working for Integrity Cleaning Services (“Integrity”) at Forestwood Apartments. She was cleaning a ceiling fan while standing on a ladder. She inadvertently touched an exposed wire, which electrocuted her, and she fell from the ladder. Sloane filed a lawsuit against CLK Multifamily Management (“CLK”) and others. Sloane claimed CLK had not adequately maintained the premises or warned of the dangerous condition of the exposed wire. CLK filed its answer to the lawsuit, denying the allegations, and added Travelers Indemnity (“Travelers”) to the lawsuit. CLK claimed Integrity was contractually required to have a general liability insurance policy that covered CLK as additional insureds.

Travelers filed a summary judgment motion, claiming CLK was not an additional insured under the policy. Travelers attached a copy of the relevant insurance policy to its summary judgment motion. CLK disagreed and claimed it was indeed an additional insured. The trial court concluded CLK was not qualified as an additional insured and granted Travelers’ summary judgment motion.