In a recent decision, the Louisiana Supreme Court answered key legal questions in Police Jury of Calcasieu Parish v. Indian Harbor Insurance Co., underscoring Louisiana’s public policy that protects state courts’ jurisdiction in insurance disputes involving political subdivisions. This ruling impacts public entities and insurance carriers alike, affirming restrictions on arbitration clauses in contracts with Louisiana public bodies. Case Background In the wake of Hurricanes Laura and Delta in 2020, the Police Jury of Calcasieu Parish (“Calcasieu”), a Louisiana political subdivision, sought compensation for extensive damages to over 300 properties insured by a syndicate of insurers both foreign (London Market) and domestic,
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Admissibility of Plaintiff’s Prior Criminal Convictions in Civil Trials: Strategies for Defense Counsel
In civil litigation, the admissibility of a plaintiff’s prior criminal convictions can play a crucial role in shaping the jury’s perception and the overall outcome of a case. While criminal convictions are often viewed as prejudicial, defense counsel can successfully admit such evidence by employing strategic legal arguments and adhering to the rules of evidence. This essay will explore the legal framework surrounding the admissibility of prior convictions, outline effective strategies for defense counsel, and emphasize the importance of context in presenting this evidence to the jury. Defense counsel can successfully admit a plaintiff’s prior criminal convictions into evidence in
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Strengthening Resilience: How Insurance Companies Can Better Deal with Hurricanes
Hurricanes pose a significant threat to life, property, and the economy, particularly in coastal regions. As climate change intensifies the frequency and severity of these storms, insurance companies face mounting pressure to adapt their practices and policies. The traditional model of risk assessment and claims processing is proving inadequate in the face of increasingly unpredictable weather patterns. This essay argues that insurance companies can better deal with hurricanes by enhancing data analytics for risk assessment, promoting proactive mitigation measures, and improving customer engagement and claims processing. To effectively manage the challenges posed by hurricanes, insurance companies must leverage advanced data
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The Internet of Things: Revolutionizing the Insurance Industry
The Internet of Things (IoT) is transforming the insurance industry by enhancing risk assessment, improving customer engagement, and streamlining claims processing, thereby creating a more efficient and customer-centric model that benefits both insurers and policyholders. The Internet of Things (IoT) refers to the interconnected network of devices that communicate and exchange data over the internet. From smart home devices to wearable technology, the proliferation of IoT has begun to permeate various sectors, significantly impacting how businesses operate. One industry poised for transformation is insurance. As IoT devices generate vast amounts of data, insurers are leveraging this information to refine their
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The Effective Use of Mediation to Resolve Lawsuits for Insurance Companies
Mediation serves as an effective alternative dispute resolution mechanism for insurance companies, offering a cost-effective, time-efficient, and relationship-preserving method to resolve lawsuits, ultimately benefiting both insurers and policyholders. In an era where litigation costs continue to soar, and the legal system is often bogged down by lengthy court processes, the need for alternative dispute resolution (ADR) methods has never been more critical. Mediation, in particular, has emerged as a powerful tool for resolving lawsuits, especially in the insurance sector. This essay explores the affective use of mediation in resolving insurance lawsuits, highlighting its advantages over traditional litigation and emphasizing its
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Combating Fraud: Strategies for Insurance Companies to Reduce Fraudulent Claims
To effectively reduce fraudulent claims, insurance companies must implement a multifaceted approach that includes leveraging advanced technology, enhancing employee training, and fostering a culture of transparency and accountability within the industry. In the insurance industry, fraudulent claims pose a significant threat to profitability and sustainability. Estimates suggest that fraud accounts for billions of dollars in losses each year, which ultimately leads to higher premiums for consumers and a strain on resources. Therefore, it is imperative for insurance companies to adopt innovative strategies that not only detect but also prevent fraudulent activities. By leveraging technology, enhancing training programs, and promoting a
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Court Reverses Dismissal in Slip and Fall Case: When Missing Railings Matter
In an unpublished decision, the New Jersey Appellate Division reversed the dismissal of a premises liability lawsuit in Pippis v. PDC 16-20 Hudson Place Realty, LLC, et al. The case centers on whether a missing handrail at the bottom of a staircase, coupled with inadequate lighting, could constitute negligence by a property owner and its tenant, contributing to a slip and fall accident. Nicolette Pippis, the plaintiff, filed a lawsuit after she slipped and fell while exiting a building owned by PDC 16-20 Hudson Place Realty, LLC. Pippis had just visited MKG Mundial, LLC, a tenant in the building, when
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Slip and Fall on Black Ice: New Jersey Appellate Court Revives Case Against Wawa
In a recent unpublished decision, the New Jersey Appellate Division revived a negligence lawsuit filed by Plaintiff Jamie Sterlacci against Wawa Food Market. Sterlacci, who slipped and fell on black ice in Wawa’s parking lot, challenged the trial court’s dismissal of her case. The appellate court ruled that there were enough factual disputes to warrant a trial, particularly on whether Wawa had constructive notice of the hazardous condition. Sterlacci visited a Wawa store in Rahway, New Jersey, around midnight on February 17, 2021. Although the main roads were clear, remnants of a snowstorm from two days earlier left black ice in the parking
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Tenant’s Fall on Defective Staircase: NJ Appellate Court Focuses on Landlord’s Duty to Inspect Common Areas
In Vargas v. Orosco (unpublished), a personal injury case involving a slip and fall on a staircase at a leased property, the Appellate Division of the New Jersey Superior Court remanded the trial court’s grant of summary judgment to the landlords on the basis that a question of material fact existed as to whether the location of the incident was a common area under the landlords’ control or an area in the exclusive control of the tenant. The trial court found that the cause of the plaintiff’s fall was a latent defect unknown to the parties, so no liability could be
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NJ’s Appeals Court Upholds Personal Liability Exclusion Denying Coverage for Injuries to Person “Living With” Insured
The Appellate Division of New Jersey’s Superior Court recently addressed a case involving insurance liability coverage for personal injuries suffered by a person who lived with the policyholder. Finding that an exclusion in the policy barring liability coverage for a person who lives with the insured was unambiguous and clearly written, the Court affirmed the trial court’s summary judgment in favor of the insurer. In Iaeck v. Barnaba and Federal Insurance Company (unpublished), plaintiff brought suit after falling down a stairway in the condominium she was living in with defendant Barnaba, who owned the house. Plaintiff had lived with Barnaba
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