View Recent Blog Posts in Insurance Coverage and Recovery

  • Suspension of Insurance Provisions in Flood Affected Parishes By Daniel Stanton By emergency declaration issued August 18, 2016, the Commissioner of the Louisiana Department of Insurance adopted Emergency Rule 27. Emergency Rule 27 allows the Department of Insurance to suspend certain statutes in the Louisiana Insurance Code and the rules and regulations promulgated under those statutes that may affect families and business affected [...] Continue Reading... ....
  • Happy New Year! ACA Reporting Deadlines Extended By Brian Carnie On December 28, 2015, the IRS announced an automatic extension of the Affordable Care Act reporting deadlines for distributing and/or filing the 1094-B/1095-B and 1094-C/1095-C forms. This relief only applies for the 2015 calendar year. For employers who were considered applicable large employer members (“ALE members”) in 2015, the new deadline for [...] Continue Reading... ....
  • Is it Time for Your Business to Have a Check-Up? By Sonny Chastain We have become accustomed to having regular check-ups with our doctors. The doctor will analyze our current physical condition, including heart rate, blood pressure, cholesterol level, lung condition or otherwise. The doctor may order a treadmill test or a screening for a particular function. The doctor will also compare current test results [...] Continue Reading... ....
  • IRS Gives Some (But Not All) Employers More Time To Comply With ACA…With Conditions By Brian R. Carnie On February 10, 2014, the Treasury Department released final regulations on the employer mandate provisions under the Affordable Care Act (a.k.a. Obamacare). While the final rules retain much of what was outlined in the proposed regulations issued in December 2012, the most significant news is the additional one-year delay for certain [...] Continue Reading... ....
  • The Employer Mandate Health Care Reform: A Decision Point For Smaller Companies By Andrew H. Goodman and Jennifer J. Thomas In 2013, business owners with 50 or more full-time employees are expected to be finalizing their plans in response to the employer mandate health care reform, which becomes effective in 2014. Among the choices for business owners will be complying with the employer mandate or planning to [...] Continue Reading... ....
  • Insurance Coverage of Environmental Disasters By Mark D. Mese The purpose of this post is to provide insureds with general information that will assist them in recognizing important facts and issues related to insurance coverage of environmental disasters. The primary areas addressed include (1) understanding the general types of potential insurance coverage; (2) recognizing environmental disasters; (3) deciding what to [...] Continue Reading... ....
  • Contractual Indemnity Coverage Under Someone Else’s Insurance Policy May Provide Coverage in Unexpected Places By Todd Rossi and Mark Mese Almost everyone knows insurance policies provide a defense and indemnity for insureds, if the terms and conditions of the insurance policy are met. Insureds include named insureds, other insureds (as defined by the policy) or additional insureds as provided by endorsement. However, insurance policies may also provide payment and [...] Continue Reading... ....
  • First Circuit Court of Appeals Issues Appellate Decision in Connection with the Louisiana New Home Warranty Act and its Application to Chinese Drywall Claims By Mark D. Mese The Louisiana First Circuit Court of Appeals has issued the first Appellate Court decision dealing with the Louisiana New Home Warranty Act and its application to Chinese Drywall claims in the case of Jennifer L. Caminita, wife of/and Frank L. Caminita v. Regina, wife of/and Barney Core, Smith and Core, Inc., [...] Continue Reading... ....
  • Insurer’s Breach Not a Waiver By Todd A. Rossi Does an insurer waive its policy defenses when it breaches its duty to defend?  In Arceneaux v. Amstar Corp., 211 WL 2591701 (La. July, 2011), the insurer breached its duty to defend by issuing a denial of coverage and withdrawing from the insured’s defense.  The insurer’s action was based on the [...] Continue Reading... ....
  • Insured’s Allegations May Trigger Insurer’s Duty to Defend By Todd A. Rossi In Louisiana, an insurer’s duty to defend it’s insured typically depends on the “four corners rule,” in which the court examines the allegations contained in the plaintiff’s petition and the terms of the insurance policy.  If there is the possibility of coverage, the insurer’s duty to defend is triggered. However, in [...] Continue Reading... ....