Louisiana Fifth Circuit Court of Appeal Finds for Property Owner in Falling Tree Branch Case

Published by The Pellegrin Firm June 20, 2020

On March 20, 2020, the Louisiana Firth Circuit Court of Appeal rendered judgement in a case involving a man injured by a falling tree branch while traveling downing Canal Street in Metairie. The plaintiff was riding on a motor scooter when a tree branch from a large oak tree fell and struck him.

U.S. District Court Judge in New Orleans Rules Against Unum in Dispute Over Short-Term and Long-Term Disability Benefits

Published by The Pellegrin Firm June 8, 2020

On May 20, 2020, Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana in New Orleans ruled in a case challenging the denial of short-term and long-term disability benefits.

Louisiana Supreme Court Reverses Ruling that Fax-Filed Car Accident Lawsuit Was Too Late; Rules that Fax Filing Rules Must be Applied Consistently

Published by The Pellegrin Firm May 31, 2020

On April 3, 2020, the Louisiana Supreme Court reversed rulings of lower courts in a dispute over the timeliness of a fax-filed lawsuit. The case is Stevenson v. Progressive Security Insurance Company et al., Docket No. 2019-C-00637 in the Louisiana Supreme Court.

How do Louisiana Courts Determine Fault and Damages in Car Accident Cases

Published by The Pellegrin Firm May 25, 2020

On November 13, 2019, the Louisiana Third Circuit Court of Appeal ruled in a case involving a car that tried to pass left on a vehicle on a two-way road. A truck driven by plaintiff Giles Hill attempted to pass a vehicle driven by Sabrina Davis as Davis was attempting to make a left turn onto another road.

Louisiana Court Rules Against GoAuto Insurance in Dispute Over Excluded Driver

Published by The Pellegrin Firm May 16, 2020

On April 8, 2020, the Louisiana Third Circuit Court of Appeal in Lafayette ruled against GoAuto Insurance in its bid to deny insurance coverage in a Lake Charles car accident. The GoAuto policy listed the driver of the car (a Nissan Altima) at the time of the accident, Jermika Mayne, as an excluded driver. Therefore, GoAuto argued it was not responsible for any property damage caused to the Nissan Altima by the accident.

Louisiana Court Finds for Employee Injured by Drunk Driver in Car Accident, Untangling Complex Dispute Over His Employer’s Alleged Rejection of Uninsured/Underinsured Motorist Coverage

Published by The Pellegrin Firm April 25, 2020

In a ruling dated April 1, 2020, the Louisiana Third Circuit Court of Appeal found for a man seeking to recover damages sustained in a car accident in the course and scope of his employment. The plaintiff was driving a company car at the time and had to undergo multiple surgeries, sustained fractures, and suffered 87% loss of vision in one eye. The plaintiff sustained the serious injuries in a collision with a drunk driver, who passed away in the accident and was found to be completely at fault.

Federal Court Rejects Long-Term Disability Insurer’s Irresponsible Denial of Benefits to Medical Provider Addicted to Fentanyl

Published by The Pellegrin Firm, L.L.C. March 10, 2020

All too often, long-term disability insurers look for reasons to deny payment to disabled insureds. This is just as true of insureds with addiction and mental health issues as it is of insureds with physical limitations. In a recent case out of Missouri, a federal judge rejected an insurance company’s denial of benefits to an impaired nurse anesthetist.

Can Fraternity Members Be Held Civilly Liable When a Sleep-Deprived Pledge Hits and Kills Someone While Driving?

Published by The Pellegrin Firm March 5, 2020

In an interesting case decided by the Louisiana Third Circuit Court of Appeal in October 2019, the court ruled that members of a fraternity’s executive board could be held individually liable for a fatal car accident allegedly caused by a sleep-deprived pledge forced to act as a designated driver for intoxicated fraternity members.