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  • Texas Supreme Court: Appraisal Awards Not a Bar to TPPCA Delay Damages By Jessica C. Engler & Michael deBarros[1] Policyholders are often disappointed in the amount of time their insurers take to investigate and pay claims.  In 2003, the Texas Legislature enacted the Texas Prompt Payment of Claims Act (“TPPCA”) to facilitate the prompt investigation and payment of Texas insurance claims.[2] Codified at Section 542 of the... Continue Reading... ....
  • Louisiana Court Rejects Insurers’ Arguments that Act 312 Requires Settlement Funds of All Oilfield Legacy Lawsuits to be Placed in the Court’s Registry By Michael J. deBarros Insurers in oilfield legacy lawsuits often argue they are not responsible for their insureds’ settlements with landowners because La. R.S. 30:29 (“Act 312”) requires the settlements to be deposited into the court’s registry for remediation.  On March 7, 2018, the Louisiana Third Circuit Court dealt a significant blow to the insurers’... Continue Reading... ....
  • Enforcing Arbitration Awards in Louisiana By G. Trippe Hawthorne and Mallory McKnight Fuller Click here to review a Practice Note explaining how to enforce arbitral awards in the state and federal courts in Louisiana.  This Note explains the procedure for confirming an arbitration award in Louisiana, and the grounds on which a party may challenge enforcement under Louisiana and federal law,... Continue Reading... ....
  • 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... ....