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Articles Posted in Insurance Dispute

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Court Finds Uninsured Motorist Coverage Waiver Valid, Denies Coverage for Injured Worker Injured

Protection from on-the-job injury is vital to any employee, especially those doing manual labor. But when so many types and subtypes of insurance coverage are involved in a single policy, how can you know when you’re covered? And what happens when you can’t tell if specific coverage applies to you?…

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Disabled Louisiana Plaintiff Successfully Appeals to Regain Coverage for His Insurance Policy

One’s life is forever altered after an incapacitating injury. While the situation comes with enough issues, problems are enhanced when medical providers merge and change the disability benefits you have relied upon for a year. Unfortunately, this is precisely what happened to Michael Swinea after Humana Inc. bought Kanawha Insurance…

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Accident While Driving Your Car On The Job: You may not be covered!

Driving while on the job can be a common occurrence for many employees. Sometimes you may even use your personal vehicle on a workplace errand. If so, beware; Accidents happen, and your employer’s insurance may not cover you.  Kim Simon was struck by an uninsured motorist when driving her personal…

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What Happens When Your Insurance Agent Doesn’t Procure the Coverage You Asked For?

Generally, when you ask an insurance agent for a specific policy, you expect them to honor your request. But what happens when your insurance agent doesn’t procure the coverage you requested for? The following case is an example of a property owner who believed he maintained insurance when he did…

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If I’m Injured in a Car Accident in Louisiana but Have Texas Insurance Which State’s Law Applies?

Have you ever been involved in a car accident that potentially involved two states and wondered which state’s laws would govern your personal injury lawsuit? Say, you have an insurance policy issued in Texas, and you get into a car wreck in Louisiana. Which state’s laws will apply if you…

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Can An Accident Reconstruction Expert Help Win Your Automobile Accident Lawsuit?

Automotive accidents can cause severe injuries to those involved. However, the testimony of accident reconstruction experts can help juries determine what happened and come to the correct conclusions about liability. The following lawsuit out of Baton Rouge shows how an accident reconstruction expert can help you win your automobile accident…

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Can You Enforce an Indemnification Clause Without a Fault Finding?

Personal injury cases can be costly for all parties involved. Paying those costs can get confusing, especially when there is indemnification. Indemnification arises when a party is contractually obligated to foot the bill for attorney fees and defense costs. The question then arises, can you seek indemnification if fault was…

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Louisiana Court Holds that “Bobtailing” Limitations do Not impact Uninsured Motorist Coverage

Auto insurance can be beneficial when you are in a car accident. However, it isn’t uncommon to have specific provisions in your insurance policy that can limit your coverage. A recent case out of Kenner, Louisiana, interpreted whether certain caveats in an insurance policy can limit a client’s uninsured motorist…

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Will an Appeals Court Consider Evidence that Attorneys forget to “Offer and Introduce?”

Most lawsuits begin with a petition that lays out the facts and basis for a claim. These facts are pertinent to the survival of each claim and defense. Many pretrial hearings and motions are based on what is pleaded in the petition. The face of each pleading can determine the…

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Ascension Parish Plaintiff has Lawsuit Barred due to Res Judicata

Once a case has been fully litigated, it has been established that the plaintiff cannot bring additional lawsuits against the same parties for the same cause of action. This principle, res judicata, promotes stability, efficiency, and fairness within our court systems. The following Ascension Parish case is decided based on…

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