Monthly Archives: October 2016

Louisiana Supreme Court Adopts Time on the Risk Allocation for Defense Costs

In Arceneaux v. Amstar Corp, the Louisiana Supreme Court decided an important issue of first impression in Louisiana: whether the duty to defend in long latency disease cases may be prorated between insurer and insured during periods of self-insurance

Hull policy – Duty to Defend? No, says Judge Feldman

This insurance dispute arises from a marine allision involving multiple boats; one of which, sank. The P&I Underwriters insured L&L Marine Transportation under a protection and indemnity (P&I) policy. Atlantic Specialty also insures L&L, but under a hull and machinery policy. The sole question before the Court is whether Atlantic Specialty, under its hull policy, … Read More »

MEL Underwriter Can’t be an Interloper – Jones Act MEL Underwriter vs LHWCA Carrier

Plaintiff filed a lawsuit for injuries that he allegedly sustained working aboard a vessel. Plaintiff claimed he was a Jones Act seaman and filed suit against his employers, Nordic Underwater Services and AMI Consulting Engineers. He pleaded in the alternative a claim for benefits under the LHWCA. Nordic’s LHWCA carrier is American Longshore Mutual Association … Read More »

Duncan & Sevin Attorneys Obtain Defense Verdict for Trucking Clients

Chip Duncan and Lynette Stahl obtained a defense verdict for LEC Trucking Inc and Canal Insurance Company last month in Civil District Court, Parish of Orleans. The defense had argued an impact or accident never occurred and relied upon the testimony of its driver and the state trooper to defend the case. The Court found … Read More »