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Expert Can Testify About Cleanup Of Oil Spill, Texas Federal Judge Says
HOUSTON - An insured's proposed expert is well qualified to testify about the cleanup of an oil spill that occurred after Hurricane Katrina, but the expert's opinions on the law are not relevant and...
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Louisiana High Court Agrees To Hear Exception Of Prescription Dispute
NEW ORLEANS - The Louisiana Supreme Court on April 19 granted a writ application challenging a lower court's ruling that sustained a homeowners insurer's peremptory exception of prescription and...
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5th Circuit Panel Affirms Dismissal Of Louisiana Claims In FEMA Trailer...
NEW ORLEANS - A unanimous Fifth Circuit U.S. Court of Appeals panel issued an opinion April 9 affirming dismissal of the Louisiana plaintiffs' claims against the Federal Emergency Management Agency for...
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Floodwall Was 'Disaster Waiting To Happen,' Judge Says, Finds For United States
NEW ORLEANS - The actions of the Army Corps of Engineers in supervising the remediation project executed by Washington Group International Inc. (WGI) along the East Bank Industrial Area (EBIA) did not...
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Louisiana Panel Reverses Ruling That Sustained Insurer's Exception Of...
GRETNA, La. - A Louisiana appeals panel on April 10 reversed and remanded a lower court's ruling that sustained a homeowners insurer's exception of prescription in an insured's lawsuit seeking coverage...
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Claims Were Prescribed, Panel Affirms; Remands For Insureds To Amend Petitions
GRETNA, La. - A Louisiana appeals panel on April 10 affirmed a lower court's ruling granting a homeowners insurer's exception of prescription but remanded the case to permit the insureds to amend their...
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Panel: Court's Reasoning As To Breach Of Contract Claim Is 'Inadequate' For...
CINCINATTI - The Sixth Circuit U.S. Court of Appeals on April 24 found that a lower federal court's reasoning behind its dismissal of an insured's breach of contract claim against an insurer is...
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Policy's Owned Property Exclusion Bars Coverage, 8th Circuit Affirms
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on April 22 affirmed a lower court's ruling that a commercial general liability insurance policy's owned property exclusion bars coverage of the...
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Homeowners Failed To Show Dishonest Purpose, Judge Says, Dismissing Bad Faith...
BIRMINGHAM, Ala. - An Alabama couple did not establish that they were entitled to disputed coverage and did not present "sufficient evidence of dishonest purpose" by their insurer, an Alabama federal...
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Insurer Has Duty To Defend Freezer Manufacturer, New York Majority Affirms
NEW YORK - A majority of a New York appeals court on April 16 affirmed that a commercial general liability insurer has a duty to defend its spiral freezer system manufacturer insured against a third...
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Agency, Insurer Negligently Misrepresented Coverage, Louisiana Panel Affirms
LAKE CHARLES, La. - A Louisiana appeals panel on May 1 affirmed a lower court's $50,000 judgment in favor of insureds in their lawsuit alleging that negligent misrepresentations by their insurance...
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4th Proof Of Loss In Hurricane Ike Coverage Suit Is Untimely, Magistrate Says
GALVESTON, Texas - An insured's fourth proof of loss seeking coverage for property damage caused by Hurricane Ike is untimely, a Texas federal magistrate judge ruled April 12, granting the federal...
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State Farm Seeks To Dismiss Claims, New Trial In False Claims Act Dispute
GULFPORT, Miss. - State Farm Fire and Casualty Co. on May 6 filed a renewed motion for judgment and, alternatively, for a new trial nearly one month after a Mississippi federal jury found that the...
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Louisiana High Court Agrees To Hear Exception Of Prescription Dispute
NEW ORLEANS - The Louisiana Supreme Court on April 19 granted a writ application challenging a lower court's ruling that sustained a homeowners insurer's peremptory exception of prescription and...
View ArticleClik here to view.
5th Circuit Panel Affirms Dismissal Of Louisiana Claims In FEMA Trailer...
NEW ORLEANS - A unanimous Fifth Circuit U.S. Court of Appeals panel issued an opinion April 9 affirming dismissal of the Louisiana plaintiffs' claims against the Federal Emergency Management Agency for...
View ArticleClik here to view.
Floodwall Was 'Disaster Waiting To Happen,' Judge Says, Finds For United States
NEW ORLEANS - The actions of the Army Corps of Engineers in supervising the remediation project executed by Washington Group International Inc. (WGI) along the East Bank Industrial Area (EBIA) did not...
View ArticleClik here to view.
Louisiana Panel Reverses Ruling That Sustained Insurer's Exception Of...
GRETNA, La. - A Louisiana appeals panel on April 10 reversed and remanded a lower court's ruling that sustained a homeowners insurer's exception of prescription in an insured's lawsuit seeking coverage...
View ArticleClik here to view.
Policy's Owned Property Exclusion Bars Coverage, 8th Circuit Affirms
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on April 22 affirmed a lower court's ruling that a commercial general liability insurance policy's owned property exclusion bars coverage of the...
View ArticleClik here to view.
Insurer Has Duty To Defend Freezer Manufacturer, New York Majority Affirms
NEW YORK - A majority of a New York appeals court on April 16 affirmed that a commercial general liability insurer has a duty to defend its spiral freezer system manufacturer insured against a third...
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Panel Vacates Exemplary Damages, Finds No Bad Faith In Uninsured Motorist Case
BATON ROUGE, La. - Determining that an insured's umbrella policy did not provide for exemplary damages for uninsured motorist (UM) benefits based on the limitations of an underlying auto insurance...
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