Example Cases Louisiana Appellate Court Has Rejected or Reversed
Louisiana Appeals Court Finds Insurance Policy Limiting Temporary Automobile Coverage Violates Public Policy
The Court of Appeal, Second Circuit, reversed and remanded a trial court decision involving a subrogation claim by State Farm Automobile Insurance Company against Safeway Insurance Company. Under Louisiana law, insurance must cover temporary vehicles, and while insurance companies may limit their coverage, they may not do so in a manner that violates public policy.
Louisiana Appeals Court Rejects Appeal Taken on Non-Appealable Interlocutory Order Permitting Change of Surgeon for Injured Worker
In a case before the Louisiana Third Circuit Court of Appeal, the court addressed the procedural issue of when an appeal may be properly taken from a lower court’s judgment. Procedurally, appeals courts are required to dismiss all appeals taken from non-appealable rulings. Here, the court found that the lower court’s judgment permitting the plaintiff employee to select his surgeon was an interlocutory ruling. An interlocutory ruling is not a ruling on the merits of the case. The defendant’s employer wished to appeal this ruling in favor of the plaintiff, the employee. The court rejected and dismissed the appeal.
Louisiana Appeals Court Reverses Award in Favor of Defendant, Finding that Both Parties were Equally at Fault in Intersection Collision
The Louisiana Court of Appeal, Second Circuit, overturned a lower court judgment in favor of the defendant in a lawsuit stemming from a car accident. The plaintiffs, in this case, had appealed the judgment, contending that liability for the collision solely rested with the defendant. The appellate court reviewed the testimony and evidence, finding that both parties were in fact negligent.
Louisiana Appellate Court Limits Homeowner Insurance Coverage in Lawsuit Involving Tort Claims Against Driver of Off-Road Vehicle on Non-Insured Location
The Louisiana Second Circuit Court of Appeal analyzed whether the lower court properly dismissed an injured woman’s tort claims against a driver and the insurance company that provided coverage for a vehicle that flipped on its side, leaving her permanently disfigured and partially disabled.
Louisiana Appellate Court Reverses Finding in Favor of Plaintiff Injured by Employee Regularly Using Work Vehicle
In a case before the Louisiana Second Circuit Court of Appeal, the court addressed whether to uphold a car insurance policy provision limiting insurance coverage for non-insured vehicles that are “furnished for regular use.” The purpose behind this limitation is to alleviate the burden on insurance companies to provide coverage for vehicles that are not insured under the policy.
Louisiana Appellate Court Reviews “Bobtailing” Insurance Policy, Finds Underinsured Motorist Liability Coverage Affords Separate Coverage for Insured
In this multi-vehicle collision case before the Louisiana Third Circuit, the court reviewed the trial court’s summary judgment adjudication in favor of the defendant insurance company, holding that the plaintiff’s insurance policy did not provide uninsured/underinsured motorist coverage. The appellate court reviewed the policy, stating that the role of the judiciary is to interpret the contract to effectuate the parties’ intent. At issue in this particular case was whether the limitation within the general liability coverage extended to the uninsured/underinsured motorist coverage.
Appellate Court Reverses Judgment Against Insurance Company Because Plaintiff Had Not Shown Defendant Driver was Uninsured/Underinsured According to Louisiana Law
In a recent appeal, the Louisiana Third Circuit reviewed whether a plaintiff in a personal injury lawsuit following a car accident had met her burden of showing the defendant driver was an uninsured/underinsured motorist. The burden remains on the plaintiff to present a prima facie showing of uninsured/underinsured coverage, and in this case, an affidavit by a rental car employee did not meet the evidentiary standard required to prove this status. The court reversed the trial court’s judgment against the automobile insurer and in favor of the plaintiff.
Court Denies Plaintiff Compensation Following Accident in Jefferson Parish, Louisiana, Since Plaintiff’s Conduct Violated the Law and Created Higher Level of Risk
Recently, a Louisiana Court of Appeal addressed the issue of liability in a personal injury lawsuit following injuries to a bicyclist struck by a car. The bicyclist plaintiff and the defendant driver presented their own versions of the incident since there were no witnesses. In their opinion, the appellate court stated the rules of tort liability in Louisiana and the requirement that a plaintiff proves fault, causation, and damages in a negligence claim. Here, the lower court had found that the plaintiff failed to meet this burden, since there had not been physical evidence introduced by either party, and the court did not necessarily find the testimony of either party credible.
Injured Car Accident Plaintiff Cannot Recover from Employer’s Uninsured/Underinsured Insurance Policy Due to Exclusion, According to Louisiana Appellate Court
A recent personal injury lawsuit for damages before the Louisiana Fifth Circuit Court of Appeal required the court to interpret an automobile insurance contract concerning underinsured/uninsured motorist coverage. After a car crash, many injured victims seek to recover compensation from the at-fault driver. However, if that driver is underinsured and cannot cover costs related to the accident, the plaintiff may pursue underinsured/uninsured coverage through an insurance policy.