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Date: 04-14-2023
Case Style:
Case Number: 2:20-cv-874
Judge: James D. Cain, Jr.
Court: United States District Court for the Western District of Louisiana (Calcasieu County)
Plaintiff's Attorney:
Defendant's Attorney: Ian A MacDonald
Description: Lake Charles, Louisiana insurance law lawyer represented Plaintiff who sued Defendant on a bad faith breach of contract theory.
Louisiana law imposes a duty of good faith and fair dealing on insurance companies. This means that an insurance company must act in a reasonable and prudent manner when handling a claim. If an insurance company fails to act in good faith, it may be liable for bad faith damages.
There are a number of things that an insurance company can do that may constitute bad faith, including:
Denying a claim without a reasonable basis
Delaying the payment of a claim
Offering a settlement that is inadequate
Failing to investigate a claim thoroughly
Misrepresenting the terms of an insurance policy
If you believe that an insurance company has acted in bad faith, you may be able to file a lawsuit against the company. In order to succeed on a bad faith claim, you must prove that the insurance company's actions were unreasonable and caused you harm.
The damages that you may be able to recover in a bad faith lawsuit include:
The amount of your actual damages
Punitive damages
Attorney's fees
If you have been the victim of bad faith insurance, it is important to speak with an experienced attorney as soon as possible. An attorney can help you understand your legal rights and options and can fight for the compensation that you deserve.
Here are some additional things to keep in mind about bad faith insurance claims in Louisiana:
The statute of limitations for filing a bad faith claim is two years.
You may be able to recover punitive damages, which are designed to punish the insurance company for its bad behavior.
You may be able to recover your attorney's fees, if you are successful in your lawsuit.
If you believe that you have been the victim of bad faith insurance, it is important to speak with an experienced attorney as soon as possible. An attorney can help you understand your legal rights and options and can fight for the compensation that you deserve.
Outcome: 04/14/2023 29 ORDER re: Stipulation of Dismissal filed in lead case, docket #19-1478, document #198 dismissing defendants, Progressive Southeaster Insurance Company and Empire National, Inc with prejudice. That order dismisses all parties in this matter, and the case will be closed. (crt,Stewart, T) (Entered: 04/14/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: