Defendant's Attorney: New Orleans, Louisiana insurance defense lawyer represented the Defendant.

Description: New Orleans, Louisiana insurance law lawyer represented the Plaintiffs who sued the Defendant on a bad faith breach of insurance contact theory.

This case was filed in the 32nd JDC, Terrebonne Parish, 192906, C, and was removed to federal court by the Defendants.

Navigating the complexities of Louisiana bad faith breach of insurance contract law can be challenging, but I can provide you with a comprehensive overview to help you understand your rights and potential legal options.

Key Principles:

Duty of good faith and fair dealing: Louisiana Revised Statute 22:1973 establishes a duty of good faith and fair dealing for insurers towards their insured. This includes:
Prompt and fair handling of claims.
Reasonable investigation of claims.
Fair settlement offers based on policy terms.
Avoidance of arbitrary delays or denial of claims without justification.
Breach of duty: An insurer can be considered in breach of their duty of good faith if they act in a way that is:
Arbitrary, capricious, or without probable cause: Denying, delaying, or undervaluing claims without a reasonable basis.
Misleading or fraudulent: Concealing information, denying coverage based on false pretenses, or engaging in other deceptive practices.
Vexatious or unreasonable: Engaging in conduct that causes emotional distress or unnecessary hardship to the insured.
Damages: If you can prove the insurer breached their duty of good faith and caused you damages, you may be entitled to compensation for:
Actual damages related to the denied or delayed claim (e.g., medical expenses, property damage)
Penalties up to two times the actual damages awarded (capped at $5,000)
Attorney's fees
Emotional distress damages

Recent Developments:

Clarification of the prescriptive period: The Louisiana Supreme Court recently clarified that the two-year prescription period in some insurance policies applies to bad faith claims as well, potentially shortening the timeframe for filing lawsuits.
Focus on objective evidence: Courts are increasingly focusing on objective evidence of an insurer's bad faith, such as internal communications and claims handling procedures, to determine if there was a breach of duty.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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