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Articles Posted in Accidents

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Third Circuit Affirms Dismissal of Product Liability and Contract Breach from Truck Fire

The case of American Zurich Insurance v. Caterpillar arose from a truck fire that took place in Natchitoches Parish on April 7, 2010. American Zurich insured the truck and Caterpillar manufactured the truck’s engine. American Zurich opened up a loss file on the truck the day of the fire. American…

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Insurance Dispute With Steel Company Exposes Liability Apportionment, Terms

In a recent case, the Fifth Circuit Court of Appeals reviewed the lower court’s application of the “law-of-the-case” and “waiver” doctrines. Both of these doctrines are important rules that express the ultimate power of an appellate court in reviewing issues of law. Generally, an issue of law is a question…

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Fall Accident Leads to Failing Res Ipsa Loquitor Suit in Ouchaita

An insurance company found itself on the defending side of a civil claim but not for the reason one might expect. Larry Modicue, a Louisiana man weighing 404 pounds, filed a claim against State Farm Casualty & Fire Insurance and its representative Rose Kennedy when the chair Ms. Kennedy offered…

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Boat Injury Case Highlights Watercraft and Coverage Exclusions (Pt 2)

In 2008, three men were passengers on a chartered fishing boat that collided with a utility boat. The fishing boat’s insurance company was St. Paul Fire and the utility boat’s insurance company was Steadfast. Harvest Oil owned the utility boat. Normally, the insurance companies would fight about who was at…

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Boat Injury Case Highlights Watercraft and Coverage Exclusions (Pt 1)

In 2008, three men were passengers on a chartered fishing boat that collided with a utility boat. The fishing boat’s insurance company was St. Paul Fire and the utility boat’s insurance company was Steadfast. Harvest Oil owned the utility boat. Normally, the insurance companies would fight about who was at…

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Prescription Important in Lawsuit Tied to Truck Fire

The case of American Zurich Insurance v. Caterpillar arose from a truck fire that took place in Natchitoches Parish on April 7, 2010. American Zurich insured the truck and Caterpillar manufactured the truck’s engine. American Zurich opened up a loss file on the truck the day of the fire. American…

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Man Who Fell Through Chair Loses Case Due to Summary Judgment

Injuries can happen anywhere but do not always lead to successful legal suits. Larry Modicue was directed by Rose Kennedy, an insurance agent for State Farm Fire & Casualty Co. in West Monroe, Louisiana, to have a seat in her office, which resulted in the chair collapsing. Modicue is a…

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Legal Complications Arise in Homer Claim Against Auto Insurers

A case appealed from the Parish of Claiborne, arising from an incident in Homer, Louisiana, raises a couple of important issues regarding lawsuits against insurance providers. In this case, the plaintiff was a passenger in a car that met the defendant, driving her own car, at an intersection. The plaintiff…

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Insurance Policy Interpretation Pivotal to Car Accident Appeal

In its earlier opinion, the Court of Appeals held that Lawrence E. Metz’s 2003 Chevrolet Avalanche was in fact covered by the Safeway Insurance Company during an accident that happened in Bossier City, Louisiana. The Court of Appeals looked to the language of the policy that stated “when two or…

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Intent of a Contract’s Language Explored in Insurance Dispute

The method by which a contract’s ambiguous language is interpreted can decide who wins the case. A slight difference in statutory interpretation can acquit or convict a person charged with a serious felony or a petty misdemeanor. There are two main theories of interpretation: textualism and purposivism. Proponents of the…

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