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Insurance Dispute Lawyer Blog

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Stairway to Dismissal: Missed Deadline Leads to Summary Judgment in Injury Case

This case focuses on the procedural aspects of a personal injury lawsuit, highlighting the importance of deadlines and the consequences of missing them. Case Background Charles and Jeri Kouba sued the City of Natchitoches after Mr. Kouba fell on a staircase owned by the city. They alleged a defect in…

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Medical Malpractice Claim Fails: No Expert Testimony to Support Allegations

The following case highlights the critical role of expert testimony in medical malpractice lawsuits and the difficulty of succeeding on such claims without it. Case Background Claire James sued Dr. Shahed Jameel, alleging that his negligent care caused the death of her mother, Laura James. However, a Medical Review Panel…

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Power Lines and Damaged Crops: Who Pays When Farming Meets Infrastructure?

The following case revolves around the intersection of farming and infrastructure development, and the legal implications when construction activities impact agricultural land. Case Background Lanie Farms, a sugarcane and soybean farming operation, sued CLECO Power and its contractor, Highlines, for damages caused during the construction of new power lines across…

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Who’s Responsible When a Step Collapses?

The following case deals with a common scenario: a guest gets injured at a business and sues, alleging negligence. But the legal outcome hinges on a crucial factor – whether the business owner knew or should have known about the dangerous condition that caused the injury. Case Summary Melanie Mark…

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When Accidents Happen: The Limits of a Homeowner’s Liability for a Child’s Injury

A tragic accident involving a young boy with autism has raised questions about the legal responsibility of homeowners when someone is injured on their property. The case of Justin Stollenwerck v. Robert Schweggman, Jr., et al. explores the boundaries of a homeowner’s duty of care, especially when the injured party…

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Louisiana Medical Malpractice: When the Mailbox Rule Doesn’t Deliver

Filing a medical malpractice claim in Louisiana involves navigating a complex process, including meeting strict deadlines. One crucial step is timely paying the filing fee to the Patient’s Compensation Fund Oversight Board (PCF Board). But does the “mailbox rule” apply to these payments? A recent Louisiana Court of Appeal case,…

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Car Insurance Exclusions: The Battle Between Intent and Fine Print

Car insurance policies can be riddled with complex terms and conditions, often leading to misunderstandings between policyholders and insurers. The case of Mandi and Abigail Ardda v. Danielle T. Peters, et al. brings this issue to the forefront, highlighting the challenges of navigating insurance exclusions and the importance of clear…

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Subrogation Rights Upheld: Insurer’s Claim Prevails Despite Settlement

In the realm of insurance claims and legal disputes, the concept of subrogation often plays a crucial role. Subrogation allows an insurer, after paying a claim to its insured, to step into the insured’s shoes and seek reimbursement from the party responsible for the loss. But what happens when the…

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Sewage Spill Showdown: Cedar Lodge’s Fight for Justice Against Fairway View Apartments

A picturesque pond, once teeming with life, transformed into a murky, foul-smelling mess. The culprit? Alleged sewage contamination from a neighboring apartment complex. This is the story of Cedar Lodge Plantation’s battle against Fairway View Apartments in Baton Rouge, Louisiana, a legal fight that highlights the complexities of environmental disputes…

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Underwater Collision Sparks Legal Battle: Shell Offshore vs. Tesla and International

In the depths of the Gulf of Mexico, a seemingly minor incident set off a chain of legal events that reverberated through the maritime industry. An underwater sonar device, or towfish, collided with the mooring line of a Shell Offshore drilling rig, causing significant damage. The resulting legal battle involved…

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