Insurance Coverage: Representative Works
Multi-District Litigation / Insurance Coverage
Mr. Hailey and Ms. Lessell successfully represented a second layer excess insurer of a major Gulf South distributor and supplier in In re: Chinese Manufactured Drywall, MDL 2047. The claimed exposure of the class far exceeded the limits of the primary and first layer excess policies, but through a successful defense, the client was effectively dismissed from the case without any determination of liability or required contribution to any settlements.
In re: Chinese Manufactured Drywall, MDL 09-2047.
Multi-District Litigation / Insurance Coverage
Mr. Hailey and Ms. Lessell represented an insurance company who had denied coverage to its installer insureds but had been named a direct defendant in connection with the installation of Chinese manufactured drywall in connection with In re: Chinese Manufactured Drywall, MDL 2047. With respect to both claims, the insurance company and insured installer were able to obtain full dismissals of both the MDL case and related Florida state litigation after paying a mere fraction of the total value of the claims in settlement.
In re: Chinese Manufactured Drywall, MDL 2047.
Ms. DeLaune obtained a dismissal of claims against an insurance company, successfully arguing that the plaintiff’s claims did not fall within the coverage provided by an attorney’s errors and omissions policy.
J.K. v. Scott Hawkins and Hawkins & Villemantte, LLC, 15th Judicial District Court for the Parish of Lafayette, No. 2008-1158.
Ms. Marshall and Ms. Lessell successfully obtained summary judgment on behalf of an insurance company in a legal malpractice action. The policy in question was a claims made insurance policy. The claims made against the would-be insured for legal malpractice arose after the conclusion of the policy period and were not made in accordance with the policy conditions, prior the expiration of the insurance policy. Accordingly, the Motion for Summary Judgment was granted in favor of the insurer.
Joseph E. Lewis v. Benjamin Northcutt Gibson and CNA Insurance Company, 21st JDC, Case No. 133712, Division "D."
Insurance Coverage - Auto Liability and Personal Excess Policy - Motion for Summary Judgment Granted
In 2012, Mr. Keller and Mr. Glas represented one auto liability policy and one personal excess policy in an Orleans Parish lawsuit involving alleged damages in excess of $5,750,000. A critical issue on summary judgment was the proper application of three "Other Insurance" clauses in three different policies, and arranging the different limits and layers of coverage. The trial court granted Mr. Glas and Mr. Keller's Motion and the appellate court denied writs. This result effectively reduced the exposure on the auto liability policy to 20%, and practically eliminated exposure on the personal excess policy.
Mark v. Trinity Yachts, Inc., Suit No. 09-8769, The Honorable Piper Griffin, Chief Judge, CDC.
Mr. Kerrigan, Mr. Barry and Mr. Lewis successfully obtained summary judgment on behalf of the insurer in a Contractor Controlled Insurance Program. The lawsuit involved a claim the employer of the plaintiff, who was allegedly injured on a barge, made against the insurance coverage provided under the Program. A critical issue on summary judgment was whether the employer properly enrolled into the Program such that it would qualify as a named insured as defined by the Program’s policies. The trial court granted summary judgment in favor of the insurer, finding that the employer’s failure to properly enroll in the Program meant that it was not a named insured under the insurance policies and was not entitled to coverage. This result effectively eliminated the insurer’s exposure in the case.
Ms. Lessell successfully defended a Long Term Care Organizations Professional Liability, General Liability and Employee Benefit Liability insurer by filing a Motion for Summary Judgment which resulted in a full and complete dismissal of claims against their client. The Motion for Summary Judgment was predicated on the claims made nature of the insurance policy.
John Edward Malagarie v. Landry Road Investments, L.L.C., et al., 15th JDC, Case No. 2010-7548, Division "L."
Insurance Bad Faith
A bankruptcy trustee sued Northwestern National alleging bad faith. Mr. Murov and two others defended the insurer. The case was settled prior to closing arguments.
Kimberly Lentz, in Her Capacity as Trustee of the Bankruptcy Estate of Gary Eugene Hale v. Northwestern National Insurance Company of Milwaukee, Wisconsin, et al., No. 02-1235-I(1), United States District Court for the Eastern District of Louisiana.
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 the Fair Grounds arising out of a 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 Fair Grounds’ claims for additional money, but awarded the Fair Grounds $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.
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).