Welcome to the Louisiana Litigation Blog

Archives

Insurance

Claims for Negligent Spoliation of Evidence Not Supported by Louisiana Law

In Reynolds v. Bordelon, 2014-2362 (La. 6/30/15), — So.3d—, 2015 WL 3972370, the Louisiana Supreme Court definitively ruled that Louisiana law does not recognize a cause of action for negligent spoliation of evidence. This resolved a disputed issue of Louisiana law.

The Reynolds plaintiff was involved in a multi-car accident in which his airbag failed to deploy. His insurance company paid what was owed for the totaled vehicle under its policy and, in the normal course of business, disposed of the vehicle by auctioning it to a salvage yard. Plaintiff’s petition included a claim against the auto manufacturer for the airbag failure. It also included a claim against his insurance company and the salvage yard for failure to preserve the vehicle as evidence likely to be used in litigation.

Read more →

A More “Direct Action”

The Louisiana Supreme Court recently announced a decision that could alter the impact of Louisiana’s “Direct Action Statute.” See Soileau v. Smith True Value and Rental, et. al., 2012-1711, — So. 3d —.

In Soileau, the injured plaintiff initiated suit after a John Deere front-end loader malfunctioned. She settled with a number of parties but proceeded to trial against the store from which the machinery was rented, the store’s owners (collectively, the Smiths) and the Smiths’ insurer, Hartford Insurance Company.

Read more →

Louisiana Supreme Court Rejects Mental Anguish Claim

The Louisiana Supreme Court recently held that an insurance agent’s negligent handling of a claim did not justify an award for mental anguish in Prest v. Louisiana Citizens Property Corp., 2012-0513 (La. 12/4/12). In Prest, it was alleged that the agent negligently failed to process a request for increased insurance sent more than 10 days prior to Hurricane Katrina.

Read more →

Sudden Shifts – Burden Shifting under Louisiana Law

Winning or losing in court often comes down to who possesses the burden of proof. Like a driver at a four-way stop, a litigant has to know when it is their turn.

Civil Procedure Article 966, the “Summary Judgment Article,” provides that the mover bears the burden of proof. The Louisiana Supreme Court recently addressed this burden in Dan Veuleman & Jody Veuleman v. Mustang Homes, LLC, 2013-C-190 (La. 4/5/13), – So. 3d – in the context of insurance coverage.

Read more →