Allen & Gooch, A Law Corporation

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • UM Rejection Forms – Requirements & Duration

    Since UM coverage is presumed, nothing must be done if an insured wishes to have UM coverage matching liability limits. But, if the insured wishes to reject UM coverage, or select lower UM coverage, strict requirements must be met. If not, the presumption that UM coverage is provided remains.   According to the UM statute, the rejection […] The post UM Rejection Forms – Requirements & Duration app...

Allen & Gooch, A Law Corporation

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Third Circuit’s Requirements for Adjusting Workers’ Compensation Claims in Louisiana

    In the recent Third Circuit case, Broussard v. Dillards’ Department Stores, Inc., the Court issued a ruling that effects the manner in which all workers’ compensation insurers are required to handle workers’ compensation claims in Louisiana.  — So. 3d —, (La App. 3 Cir. 02/15/17) 2017 WL 606769. The issue was brought before the Third […] The post Third Circuit’s Requirements for Adjusting Workers’...

Allen & Gooch, A Law Corporation

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Prescriptive/Peremptive Periods on Claims Against Non-Louisiana Attorneys

    Louisiana’s First Circuit Court of Appeal recently addressed whether Louisiana’s peremption statute applies to malpractice actions against attorneys not licensed to practice in Louisiana. In Trans Pacific Interactive, Inc. v. U.S. Telemetry Corp., 16-0119 (La. App. 1 Cir. 9/16/16), 2016 WL 4942515, Trans Pacific Interactive, Inc. (“TPI”) sued its attorneys for providing legal counsel while […] The...

  • Adjusting Uninsured/Underinsured Motorists Claims – Burden / Duties / Penalties

    UM Plaintiff’s Burden of Proof When making a UM claim, the claimant has the initial burden of proof. To satisfy this burden, he must produce “sufficient facts” to the UM insurer that:   The adverse driver in the accident was uninsured or underinsured; The un/underinsured driver was at fault; Such fault gave rise to damages; […] The post Adjusting Uninsured/Underinsured Motorists Claims – Burden / ...

  • Non-Client Must Plead Intent to Harm Against Adversary’s Attorney

    In Landry v. Base Camp Management, LLC, the First Circuit recently rejected the law of mandate as a vehicle for a direct attack by a non-client against an adversary’s attorney and reinforced the requirement that a non-client plead intent to cause direct harm and malice to state a cause of action.  2015-1377 (La. Ct. App. […] The post Non-Client Must Plead Intent to Harm Against Adversary’s Attorne...

Allen & Gooch, A Law Corporation

Category: Content
Type: Blog Article

Generated 7 months ago

New blog articles detected

  • Attorneys Continue to Avail Themselves of SLAPP Motions

    Louisiana, like most States, has a procedure in place in Louisiana’s Code of Civil Procedure Article 971 (the “Special Motion to Strike”) affording the defendant an opportunity to have the case dismissed based upon a listed Constitutional or legislative activity. Until somewhat recently, there were no reported decisions as to whether an attorney providing representation […] The post Attorneys Cont...

  • Governor Edwards Issues Proclamation Extending Filing Deadlines

    As a result of the recent flooding in Louisiana, Governor Edwards issued a series of proclamations which extended all deadlines for legal filings. Executive Order No. JBE 2016-53 Executive Order No. JBE 2016-57 Executive Order No. JBE 2016-66 Since most professional liability statutes in Louisiana are peremptive, as opposed to prescriptive, an issue may arise […] The post Governor Edwards Issues P...

Allen & Gooch, A Law Corporation

Category: Content
Type: Blog Article

Generated 7 months ago

New blog articles detected

  • Suit Filed Against Feds Over CMS Risk Adjustment Formula

    On July 29, 2016, Minuteman Health Inc. filed suit in Massachusetts against the federal government, naming, as defendants, the US Department of Health and Human Services, the Centers for Medicare and Medicaid Services (CMS) and the heads of both agencies.  The suit alleges that the risk adjustment formula used to calculate which insurance companies have […] The post Suit Filed Against Feds Over CM...

Allen & Gooch, A Law Corporation

Category: Content
Type: Blog Article

Generated 7 months ago

Allen & Gooch, A Law Corporation

Category: Content
Type: Blog Article

Generated 8 months ago

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