• SNR Denton on Oubre v. Citizens Insurance Co.: Louisiana Supreme Court Clarifies Penalty Statutes (PDF)
 
 
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SNR Denton on Oubre v. Citizens Insurance Co.: Louisiana Supreme Court Clarifies Penalty Statutes (PDF)

SNR Denton on Oubre v. Citizens Insurance Co.: Louisiana Supreme Court Clarifies Penalty Statutes (PDF)

In Oubre v. Citizens Insurance Co., a divided Louisiana Supreme Court held that the statutory penalty for an insurer's failure to timely initiate loss adjustment may be assessed without any showing of bad faith.


Availability: In Stock
Publisher :LexisNexis Emerging Issues Analysis
Format: Electronic, 7 Pages , PDF

ISBN: 9781422429983

2/9/2012
 
$57.00
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    In Oubre v. Citizens Insurance Co., a divided Louisiana Supreme Court held that the statutory penalty for an insurer's failure to timely initiate loss adjustment may be assessed without any showing of bad faith. It also held that the maximum penalty in the absence of proven damages is $5,000 per claim. It also held that distribution of preprinted checks as an advance on loss of use benefits did not constitute initiation of loss adjustment.

     

    William T. Barker is a partner in the Chicago office of SNR Denton, with a nationwide practice representing insurers in complex litigation, including matters relating to coverage, claims handling, sales practices, risk classification and selection, agent relationships, and regulatory matters. He is the co-author (with Ronald D. Kent) of New Appleman Insurance Bad Faith Litigation, Second Edition,and author or co-author of chapters of New Appleman on Liability Insurance, Second Edition. He is also a member of the Editorial Board of the New Appleman on Insurance Law Library Edition and a Consulting Author of the New Appleman Insurance Law Practice Guide. He has published over 100 articles and speaks frequently on insurance and litigation subjects. He was a Contributing Editor and then Editor of Bad Faith Law Report until that publication merged with Insurance Litigation Reporter, where he is currently Senior Contributing Editor and Editorial Board Director. He has been described as the leading lawyer commentator on the connections between procedure and insurance. See Charles Silver & Kent Syverud, The Professional Responsibilities of Insurance Defense Lawyers, 45 Duke L.J. 255, 257 n.4 (1995). Mr. Barker is a member of the American Law Institute.

     

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