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Insurance Law



                   


       David A. Strauss, Chair              Harold Flanagan, Vice-Chair


Upcoming Events:

Deconstructing The Reptile: Defending “The Reptile” Strategy In Insurance Litigation CLE
 

The “Reptile” approach to litigation has been gaining ground in courtrooms across the country, and is increasingly being employed by policyholder counsel to persuade juries to give big dollar awards and bad faith damages against the insurance industry. Doug Green, a seasoned jury and litigation consultant, will deconstruct this strategy and offer insightful advices on how to address it; from witness preparation to closing argument. 

Speaker:
Doug Green

Date:
Wednesday, April 13, 2016

Time:
Noon - 1 p.m.

Location:
NOBA Office
650 Poydras Street, Suite 1505
New Orleans, LA 70130

Cost:

NOBA Member Discount - $35 (includes lunch)

Non Member Price - $55 (includes lunch)

Registration:

  1. Contact NOBA at (504) 525-7453 or
  2. email Alex Garon.
  3. Mail payment to 650 Poydras Street, Suite 1505, New Orleans, LA 70130
  4. NOBA members can pay online by clicking here

Please note: Cancellations must be received in writing two days in advance in order to receive a refund less an administrative fee. No refunds for no shows. 


On the Blog:

Prejudice Not Required: Giving Notice of a Claim after the Term of a Claims-Made Policy is Fatal for Coverage for the Insured and Third Parties - April 2, 2015


Recent Events:

On July 16, 2015, the Committee held "The Appraisal Clause: Viewpoints from Policyholder and Defense Counsel" CLE with moderator Seth Schmeeckle, panel member (defense) Adam Massey and panel member (policyholder) Rajan Pandit.

On August 8, 2014, the Committee held a CLE "Bad Faith Forum: A Panel Discussion with Views from the Policyholder and Insurer" with speakers: Dean A. Sutherland, Jeansonne & Remondet; H. Minor Pipes, Barrasso Usdin; and Joseph Bruno, Bruno & Bruno.

Deepwater Horizon Insurance Litigation CLE on April 10, 2014

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.

Significant Developments in Insurance Bad Faith Post-Louisiana Bag CLE on October 23, 2013

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 Social at W.I.N.O. on May 8, 2013

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.

CLE on September 6, 2012: Insurer Billing and Litigation Management Guidelines

A review of:

  • The Origins of Insurer Billing and Litigation Management Guidelines
  • Types of Insurer Billing and Litigation Management Guidelines
  • Recent court cases upholding Insurer Billing and Litigation Management Guidelines
  • DRI Guidelines

Featured Speakers:  Madeleine Fischer, Jones Walker; Gerald Comboy, FARA