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Case Number: 2:22-cv-04006
Judge: Lance M Africk
Court: United States District Court for the Eastern District of Louisiana (Orleans Parish)
Defendant's Attorney: Joseph Pierre Guichet and Abigail Gerrity for Standard Fire Insurance Company
Gordon P. Serou , Jr. and Brian Jacob D'Angelo for American Bankers Insurance Company of Florida
Francis Joseph Lobrano Hurricane Ida Program Administrator
Description: New Orleans, Louisiana insurance law lawyers represented Plaintiff who sued Defendants on bad faith breach of contract theories.
Louisiana bad faith law refers to the legal standard for determining whether an insurance company has acted in bad faith in handling a claim. In Louisiana, there are two primary bad faith statutes:
La. Rev. Stat. § 22:1892: This statute establishes a timeframe in which insurers must pay claims after receiving satisfactory proof of loss, and penalizes an insurer for failing to timely pay a claim that is due.
La. Rev. Stat. § 22:1973: This statute imposes a duty on insurers to act in good faith in handling claims, and provides for damages if an insurer breaches this duty.
To establish a bad faith claim under Louisiana law, the insured must show that the insurer:
Denied or delayed payment of a claim without probable cause.
Acted in an arbitrary, capricious, or discriminatory manner.
Failed to investigate the claim properly.
Failed to disclose material information to the insured.
Engaged in unfair or deceptive practices.
If the insured can establish these elements, they may be entitled to recover damages, including:
The amount of the claim.
The penalties for bad faith in Louisiana can be substantial. Under Louisiana Revised Statute 22:1892, 50% of the amount found to be due plus reasonable attorney fees can be awarded in the appropriate case.
The statute of limitations for bad faith in Louisiana is ten years. This means that an insured must file a bad faith claim within ten years of the date that the claim was denied or delayed.
If you believe that your insurance company has acted in bad faith, you should speak with an experienced attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in a lawsuit if necessary.
Outcome: 07/13/2023 32 ORDER DISMISSING CASE without prejudice. Signed by Judge Lance M Africk on 07/12/2023.(ko) (Entered: 07/13/2023)