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Appellate Court Holds that Employer Had Not Proffered Excluded Testimony as Required by Louisiana Law and Affirms Judgment in Favor of Injured Employee

In an appeal before the Louisiana Fifth Circuit, the court reviewed an award of supplemental earnings benefits in favor of an injured employee. The court analyzed evidentiary rules and specifically whether the Office of Workers’ Compensation had properly excluded a vocational rehabilitation expert from testifying as an expert and refused to admit her report into evidence. Dawn McMillion worked as a registered nurse for East Jefferson General Hospital, and she injured her elbow against a doorframe while exiting a hospital medication room.  She reported the accident to the hospital that day, and less than one month later, she began receiving temporary total disability payments.

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Louisiana Court Grants Summary Judgment on Liability Issue When Defendant Saw Plaintiff’s Vehicle Stopped at Light Yet Crashed Into Rear of Vehicle

In an appeal involving issues of liability following a car accident, the Louisiana Fifth Circuit reviewed presumptions of liability that apply in certain scenarios. In particular, the court stated that a rear-end collision involves a presumption that the following vehicle was negligent.  In this appeal, the court reviewed a denial of the plaintiff’s motion for partial summary judgment on liability. The court stated that summary judgment is a procedural device that is used to avoid a trial when there is no genuine issue of material fact. Material facts are those that either prevent or ensure recovery and affect a litigant’s ultimate success or determine the outcome of the lawsuit.  On appeal, courts ask the same questions that the trial court does regarding whether summary judgment is appropriate – whether there remains a genuine issue of material fact, and whether the mover is entitled to judgment as a matter of law.

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So You Have a Flood Damage Check With Your Mortgage Company’s Name on It? Contact Your Loss Draft Department

Louisiana homeowners who received a flood insurance payments relating to the 2016 floods may find their mortgage company’s name on flood insurance check allocated towards structural damage payment. Mortgage companies generally require their name be placed on flood or other property damage checks that relate to the structure to make sure the property is fixed or the mortgage paid off. The mortgage companies usually have a “Loss Draft Department” to communicate with for purposes of disbursing the funds.  Most have their own Loss Draft procedure. Some are listed online and others require you to call for information. Fannie Mae, the leading source of financing for mortgage lenders, sets forth Servicer Responsibilities for Fannie Mae Servicers and the action to be taken depending on whether the property can be legally rebuilt.  If the property cannot be rebuilt, the insurance loss proceeds are used to reduce the outstanding mortgage loan debt. If the property can be rebuild, the Servicer will require details of the damage, including information about the proof of loss, contractor to be used, plans etc.  and will monitor the disbursement of proceeds for purposes of making repairs, monitor the repairs and inspect the repairs from time to time.  The Servicer may also require a lien release.

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Are You Concerned That Your Louisiana Homeowners Policy Will Be Cancelled For Claims Made Or Acts Of God?

For Louisiana Homeowners, it is important to understand when and how your homeowners insurance company can or cannot cancel or refuse to renew your policy. YOU HAVE A RIGHT TO KNOW WHY If your insurance company decides it wants to cancel or not renew your policy, you have the right to know why. If you make a written request for the reason of cancellation, the company must respond within six months and specify in writing the reason for the cancellation or refusal to renew. Any insurer cancelling or refusing to renew a policy providing property, casualty, or liability insurance on any property shall, upon written request of the policy’s named insured, specify in writing the reason or reasons for such cancellation or refusal to renew. Such request shall be mailed or delivered to the insurer within six months after the effective date of cancellation or expiration. LSA-R.S. 22:1265 A (1) NO CANCELLATION FOR ACTS OF GOD You should be aware that your insurance company cannot cancel, refuse to renew or increase the amount of the premium on your homeowners policy based solely on a loss caused by an “Act of God.” An “Act of God” is defined as an incident due directly to natural causes and exclusively without human intervention. However, the company may make such changes to your policy due to an “Act of God” if they make the changes on an area-wide rating basis at the beginning of a new policy period.   REASONS FOR CANCELLATION, NONPAYMENT OF PREMIUM, FRAUD, […]

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