Insurance Dispute

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

Published on: September 29, 2024 | By Berniard Law Firm

pexels-binyaminmellish-106399-scaled 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 is the guest of a tenant. This blog post examines the case details and the court’s ruling, shedding light on the complexities of premises liability law.

The Accident:

Ryse Stollenwerck, a five-year-old boy with autism, was severely injured while playing at his mother’s boyfriend’s house. The boyfriend, Robert Schweggman Jr., was spinning another child around when they accidentally struck Ryse, causing serious injuries that left him wheelchair-bound and unable to speak.

Car Insurance Exclusions: The Battle Between Intent and Fine Print

Published on: September 27, 2024 | By Berniard Law Firm

pexels-shkrabaanthony-5816283-scaled 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 communication.

The Accident and the Insurance Claim:

Abigail Ardda was involved in a car accident while driving a car she co-owned with her husband, Mandi. They filed a claim with their insurer, GoAuto Insurance Company, but were shocked to discover Abigail was listed as an excluded driver, despite their belief that she was covered.

Subrogation Rights Upheld: Insurer’s Claim Prevails Despite Settlement

Published on: September 26, 2024 | By Berniard Law Firm

pexels-kindelmedia-7688374-1-scaled 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 insured settles their claim directly with the at-fault party? Does the insurer lose its right to subrogation? A recent Louisiana Court of Appeals case, Louisiana Farm Bureau Casualty Insurance Company v. David Scott Burkett, et al., sheds light on this issue.

The Accident and the Claim:

The case stemmed from a car accident where Katherine Burkett, insured by Shelter Mutual Insurance Company, collided with Jessica Hall, insured by Louisiana Farm Bureau Casualty Insurance Company. Farm Bureau paid Hall $5,000 for medical expenses under her policy and became subrogated to her claim for that amount.

Injured Worker Wins Right to Shoulder Surgery: Court Upholds Decision Against Employer and Insurer

Published on: September 20, 2024 | By Berniard Law Firm

In a victory for injured workers in Louisiana, the Court of Appeal for the Fourth Circuit recently upheld a decision granting Lorae Burnett the right to shoulder surgery following a work-related motor vehicle accident. The case, Burnett v. Full Force Staffing, LLC, & LUBA Casualty Insurance Company, centered on interpreting the state’s Medical Treatment Guidelines and whether the recommended surgery was medically necessary and appropriate.

Background of the Case:

Mr. Burnett, an employee of Full Force Staffing, was injured in a motor vehicle accident while on the job. He sought workers’ compensation benefits for various injuries, including significant pain in his right shoulder. After receiving conservative treatment that failed to alleviate his pain, Mr. Burnett’s orthopedic shoulder specialist, Dr. Savoie, recommended surgery.

Unexpected Acceleration or Failure to Yield? Louisiana Court Reverses Summary Judgment in Car Accident Case

Published on: September 7, 2024 | By Berniard Law Firm

girl-with-red-hat-oaKGY3tYVvw-unsplash-scaled In personal injury law, car accidents at intersections are all too common. However, the case of Trapp v. Allstate Property and Casualty Insurance Company brings a unique twist: the claim of a sudden, unexpected vehicle malfunction. This Louisiana Court of Appeal decision underscores the importance of thoroughly investigating all aspects of an accident before assigning fault, especially when a vehicle defect may have contributed.

The case arose from an accident at an intersection in Louisiana. Mr. Trapp was entering the highway from a gas station parking lot when his truck collided with Mr. Martin’s truck. While Mr. Trapp was cited for failure to yield, Mr. Martin claimed his truck suddenly accelerated out of control, preventing him from avoiding the collision.

The trial court initially granted summary judgment, finding Mr. Martin 100% at fault. However, the Court of Appeal reversed this decision, stating that genuine issues of material fact existed regarding comparative fault and the potential for a third party (the vehicle manufacturer) to be at fault.

Louisiana Court Upholds Modest Damages in Minor Car Accident Case: Highlighting the Importance of Proving Causation and the Impact of Pre-Existing Conditions

Published on: September 2, 2024 | By Berniard Law Firm

pexels-aleksandr-neplokhov-486399-1230677-scaled A recent ruling from the Louisiana Court of Appeal underscores the challenges of securing substantial damages in personal injury cases, especially when pre-existing conditions and the severity of the accident are at play. The case, Pourciau v. Melville and State Farm, involved a minor rear-end collision. While the defendant admitted fault, the court ultimately upheld a modest damage award, emphasizing the plaintiff’s burden to prove a direct causal link between the accident and the claimed injuries.

Douglas Pourciau was rear-ended by Dennis Melville at an intersection in Baton Rouge. While the accident was minor, Pourciau claimed it aggravated his pre-existing back and neck pain. He sued Melville and his insurer, State Farm, for damages.

The trial court found Melville partially at fault but awarded Pourciau only a modest amount in general damages, citing the lack of evidence linking his ongoing pain to the accident. Pourciau appealed, seeking a higher award and additional damages for future medical expenses and loss of use of his vehicle.

When Does an Insurance Contract End? Louisiana Court Reverses Summary Judgment in Dispute Over Coverage Extension

Published on: August 30, 2024 | By Berniard Law Firm

pexels-albinberlin-906982-scaled In the complex world of insurance coverage disputes, a recent Louisiana Court of Appeal decision underscores the importance of thoroughly examining factual issues before granting summary judgment. The case involved a personal injury lawsuit and a subsequent dispute over insurance coverage. The appellate court’s ruling is a stark reminder that seemingly straightforward cases can hinge on nuanced contractual interpretations and disputed facts.

The case originated from a 1998 accident where Bobbie Sanders, an employee of Mark A. Robicheaux, Inc., was injured while working on a vessel constructed by Swiftships, Inc. Sanders sued Swiftships, which, in turn, filed a third-party demand against its insurer, United Fire & Casualty Company, claiming coverage under a policy issued to Robicheaux.

The crux of the dispute was whether Swiftships qualified as an additional insured under Robicheaux’s policy, even though the initial contract between the two companies had expired. Swiftships argued that the business relationship continued under the original contract’s terms, while United Fire contended there was no agreement to extend the contract.

Driver Not Liable for Passenger’s Injury in Accident Beyond His Control

Published on: August 18, 2024 | By Berniard Law Firm

pexels-dominika-kwiatkowska-1796968-3368844-scaled Sometimes, being a passenger in a car can be a frustrating and disturbing experience. This is especially true when actions beyond the passenger’s control, such as being involved in a collision, put his or her life in danger. When such a situation arises, the injured passenger will, understandably, seek compensation from the responsible party. However, if the person who caused the accident leaves the scene and is never apprehended by law enforcement, an injured person may turn their attention elsewhere for financial compensation. Such a situation arose following a car accident on a stretch of highway between Jennings and Lafayette, Louisiana.

Kyle Jordan was driving a rental car with Riley Moulton as a passenger. The vehicle was sideswiped, causing Jordan’s car to flip over and injure Moulton. The hit-and-run driver was never identified, so Mouton sued both Jordan and the rental car company, EAN Holdings, for damages. The defendants moved for summary judgment, arguing that since Mouton admitted in his deposition that Jordan was driving safely at the time of the accident and did nothing to cause it, Moulton offered no evidence to support a theory of recovery against Jordan or EAN Holdings. The trial court granted the defendant’s motions for summary judgment. Mouton appealed to Louisiana’s Third Circuit Court of Appeal.

The Appellate Court reviewed the facts of the case as laid out by Mouton himself in his deposition testimony. Mouton stated that Jordan had set the cruise control in the car to 70 MPH, consistent with the speed limit, and was “driving correct.” He further testified that the accident occurred when Jordan made a proper change into the left lane to pass a large truck.

Louisiana State Employees’ Retirement System Loses Battle Over Disability Insurance With East Baton Rouge Women

Published on: August 15, 2024 | By Berniard Law Firm

pexels-ann-h-45017-3095954-scaled On-the-job injuries can sometimes result in employment termination when the injury prohibits you from completing your work. When this happens, state-funded disability retirement benefits can keep former employees financially afloat; however, eligibility for such benefits depends on how long you have worked for the employer and when you file your claim.

Bessie Hall worked for the State of Louisiana in East Baton Rouge for over seventeen years. On July 13, 2012, Ms. Hall suffered an on-the-job injury at the Louisiana Department of Children and Family Services. Because her injury prevented her from working, her employer terminated her in September 2013.

Over two years later, Ms. Hall applied for disability retirement benefits through LASERS, the Louisiana State Employees’ Retirement System. LASERS, however, found Ms. Hall ineligible for these benefits. Ms. Hall sued the Nineteenth Judicial District Court for the Parish of East Baton Rouge. The District Court held Ms. Hall was eligible for benefits, and LASERS appealed to the Louisiana First Circuit Court of Appeal.

Prior Mistake Does Not Waive Insurer’s Defense In Subsequent Claim

Published on: October 24, 2023 | By Berniard Law Firm

supreme_court_building_washington_3_9-scaled If you are in a car accident and your insurance pays your claim, you likely expect the same thing will happen if you are subsequently in a similar accident. What happens if your insurer paid your prior claim, but tries to deny a subsequent claim?

Brandon Forvendel was injured in a car accident. When the accident occurred, he was driving a car he owned and was insured by State Farm. Forvendel had uninsured motorist coverage. After the accident, Forvendel recovered under his uninsured motorist policy.

When the accident occurred, he was living with his mother, who also had insurance through State Farm. Forvendel also tried to recover under his mother’s uninsured motorist policy, which had higher policy limits. State Farm denied his attempt to recover under both his and his mother’s policies under the anti-stacking provisions in La. R.S. 22:1295(1)(c). Forvendel then filed a lawsuit against State Farm.