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Articles Posted in Building Defects

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Contract Dispute Resolution in Louisiana

The state of Louisiana, like many other states, has very specific requirements that the judicial branch uses to help interpret contracts when the parties are in dispute. Generally, the court likes to stay out of contracts because the right to contract without interference from the government is something that the…

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Texas Construction Injury Leads Court to Analyze Duty to Defend, Indemnify

Construction worksite accidents are common occurrences in New Orleans and Louisiana. When a lawsuit is filed seeking compensation for these workplace injuries, issues often arise concerning the multiple companies involved in the construction project and their insurance companies. Chief amongst these concerns are the duty to defend and indemnification. The…

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Summary Judgment Summarily Dismissed by Third Circuit in Vehicle Accident Case

A summary judgment is rendered when a trial court decides that there are no genuine issues of material fact that need to be determined. “Manifestly erroneous” is the high standard under which summary judgments are reversed on appeal. Summary judgments are cheaper and less time consuming than full blown trials;…

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Happy Holidays from the Berniard Law Firm

On behalf of the Berniard Law Firm, we hope that all of our friends and followers have had a relaxing and restful holiday. Posting will resume on Tuesday

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Tort or Medical Malpractice? Insurance Companies Battle Over Coverage in Ouachita Parish Injury Case

On June 27, 2008, Betty Jean Russell went to see her eye doctor at Eye Associates of Northeast Louisiana. Russell, 78, who required a wheelchair to get around, was driven to the apppointment by her granddaughter, Ashley Dixon. While Dixon remained in the waiting room, an Eye Associates employee wheeled…

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A Happy Holidays to All Friends of the Berniard Law Firm

The Berniard Law Firm would like to wish everyone a Happy Holiday. Regular posting will resume in 2012! Have a happy, and SAFE, holiday season!

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Exploring the Standard for Recovering Penalties From an “Arbitrary and Capricious” Insurer

Uninsured/Underinsured Motorist (UM) coverage is designed to protect a policyholder against injury or loss inflicted by another driver who has inadequate insurance or no insurance coverage at all. Louisiana statute provides that “an insurer owes to his insured a duty of good faith and fair dealing,” which includes fairly and…

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No Attorney’s Fees for Derry Man After Insurance Dispute

When one is successful on a claim against an insurance company the payment of the claim is expected to be prompt. Any delay in payment could result in the court imposing a penalty against the insurance company. In most, if not all, cases this penalty takes the form of court…

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The Importance of Defining Terms in a Contract

The terms in a contractual agreement between parties can have the effect of changing entire meanings of contracts. This is especially true in more complex litigation and more complex business agreements. If a business agreement requires the participation of multiple partners or parties, an ambiguously defined contract can have the…

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Limits of Insurer Indemnity Clarified in Parish of St. Bernard Case

When an insurance company provides coverage to a business, the contract typically includes a duty to defend the inured business against any coverage claims. If an insurer refuses to provide the insured with claim defense, then the insured business may sue the insurance company for indemnification of defense fees. However,…

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