Insurance Law CLE: The Appraisal Clause: Viewpoints From Policyholder and Defense Counsel
The program will examine the current state of appraisal clauses in the typical homeowners insurance policy, including under what circumstances they are enforceable, what prerequisites must be in place for the clause to be appropriately invoked, and potential complicating factors to the actual appraisal process – as viewed from both policyholder and defense counsel.
Moderator: Seth Schmeeckle, Shareholder at Lugenbuhl, Wheaton, Peck, Rankin & Hubbard
Panel Member (Defense): Adam Massey, Member at King, Krebs & Jurgens, P.L.L.C
Panel Member (Policyholder): Rajan Pandit, Managing Member at Pandit Law Firm, LLC
Date: Thursday, July 16, 2015
Time: 12:00 p.m. - 1:00 p.m.
Location: NOBA Office, 650 Poydras Street, Suite 1505
CLE: 1 hour of Continuing Legal Education
Cost: $35 - NOBA Member Discount; $55 - Non Member (includes light lunch)
1. Email Abigail Domingue or
2. Call NOBA at (504) 525-7453 or
3. Mail payment to NOBA at 650 Poydras Street, Suite 1505, New Orleans, LA 70130
A discussion with George B. Hall, Phelps Dunbar, of Deep Water insurance issues that the Fifth Circuit has certified to the Texas Supreme Court including additional insured coverage, indemnity/insurance "separate and independent interpretation", and more.
This program will address four significant cases concerning Louisiana’s insurance penalties statutes. All cases have been rendered since the Louisiana Supreme Court’s landmark decision in Louisiana Bag and provide insight into questions left by the Louisiana Bag opinion. Some of the issues that will be addressed in the bad faith context will be: effect of supplemental adjustments, satisfactory proof of loss, consequential damages, and factual issues which preclude summary judgment.
The four cases are:
Aghighi v. Louisiana Citizens Property Ins. Corp., 2012-1096 (La. App. 4 Cir. 6/19/13), --- So.3d ----, 2013 WL 3080432
Maloney Cinque, L.L.C. v. Pacific Ins. Co., Ltd., 2011-0787 (La. App. 4 Cir. 1/25/12), 89 So. 3d 12, writ denied, 2012-0950 (La. 7/2/12), 92 So. 3d 345
Katie Realty, Ltd. v. Louisiana Citizens Prop. Ins. Corp., 2012-0588 (La. 10/16/12), 100 So. 3d 324
Merwin v. Spears, 2012-0946 (La. 6/22/12), 90 So. 3d 1041
Insurance Law Committee Meeting & Lunch on March 13, 2013: In re Zuber
In In re Zuber, decided October 16, 2012, the Louisiana Supreme Court laid down specific requirements for insurance defense counsel who represent insureds, even when there is no reservation of rights. The Court admonished that lawyers must be scrupulous about apprising clients/insureds of the limitations on the representation, including the right of the insurance company to settle the case regardless of the desires of the insured. Please join us for a discussion of what this means to insurance defense counsel and how to avoid the potential for ethical misconduct. Featued speakers included: Madeleine Fischer and David Strauss.
A review of:
Featured Speakers: Madeleine Fischer, Jones Walker; Gerald Comboy, FARA