If you’ve recently received a letter from Northwestern Mutual denying your claim for long term disability insurance benefits, you’re not alone. As one of the biggest (and most well-respected) long term disability insurance carriers operating in the U.S., Northwestern
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A Video Explaining What Must be Done to Access A Lost or Destroyed Policy of Insurance
Lost or Destroyed Policy of Insurance
Insurance claims often arise long after the expiration of a policy that may still be required to provide defense and indemnity to the insured. The proof of such policies has created a new and…
Lawyer Who Didin’t Know How to Calculate Dates Loses Right to Attorney Fees
Texas Requires Insured to Give Insurer 61 Days Presuit Notice
There is no good reason, if a client intends to sue its insurer, to fail to give 61 days presuit notice in Texas if counsel is retained in time. In…
Louisiana Fifth Circuit Disagrees with First Circuit; Holds Construction Anti-Indemnity Act Applicable to Insurance Requirements of Public Contracts
In a recent decision disagreeing with the First Circuit, the Louisiana Court of Appeal, Fifth Circuit held that (subject to certain exceptions) the Louisiana Construction Anti-Indemnity Act (La. R.S. 9:2780.1) (the “LCAIA”) is applicable to contracts awarded pursuant to the…
The Texas Prompt Payment of Claims Act Is Reaffirmed As a Strict Liability Statute
A Brief Statement of the Relevant Facts:
The United States Court of Appeals for the Fifth Circuit in Agredano v. State Farm Lloyds, No. 19-50656 (September 16, 2020), has reaffirmed that Texas Insurance Code §542.060, the Texas Prompt Payment…
Failure to Plead Physical Loss or Damage Leads to Dismissal of COVID-19 Claim
The insured’s claim for business interruption losses due to COVID-19 was dismissed for failure to plead direct physical loss of or damage to property. Malaube LLC v. Greenwich Ins. Co., 2020 U.S. Dist. LEXIS 156027 (S.D. Fla. Aug…
Alphabet Establishes $310 Million Fund in Google Sexual Misconduct Lawsuit Settlement
In a derivative lawsuit settlement with one of the highest nominal dollar values ever – and in what is one of the largest #MeToo-related D&O lawsuit settlement ever – Google parent Alphabet has agreed to establish a $310 million diversity,…
Determining Replacement Cost and Actual Cash Value in Louisiana
On August 27, 2020, one month ago, Hurricane Laura made landfall causing catastrophic damage in Southwest Louisiana and beyond. For those who remained or were able to return quickly, it must seem a lot longer. Many of those may have…
Consequential and Foreseeable Damages: Recovery of Lost Rent Directly Attributable to the Insurer’s Breach of Contract
In May of 2019, a decision made by a panel of Florida’s Fifth District Court of Appeals sparked an important debate that could have consequences for policyholders and their insurers throughout the state of Florida. The Florida Supreme Court will…
Maritime COVID-19 Mandates Updated
The Louisiana Maritime Association issued an updated COVID-19 Daily Report Supplement this week on September 23, 2020. In this supplement, there are updated links to current state and local guidance and some additional CDC recommendations for maritime pilots. Follow this…