Defendant's Attorney: H. Minor Pipes, III, Christopher William Smith, Patrick J. Lorio

Description: New Orleans, Louisiana insurance law lawyer represented the Plaintiff who sued the Defendant on a bad faith breach of insurance contract theory.

"Louisiana bad faith breach of insurance contract law is governed by two primary statutes: Louisiana Revised Statute (R.S.) 22:1973 and R.S. 22:1892. These statutes establish the legal framework for holding insurers accountable for acting in bad faith when handling and adjusting insurance claims.

R.S. 22:1973: Duty of Good Faith and Fair Dealing

This statute specifically outlines the duty of good faith and fair dealing owed by insurers to their policyholders. It states that an insurer "shall owe to his insured a duty of good faith and fair dealing." This duty encompasses a range of obligations, including:

Promptly and diligently investigating and processing claims.

Making a reasonable effort to settle claims.

Providing policyholders with clear and understandable explanations of claim decisions.

Avoiding arbitrary or capricious denial of claims.

R.S. 22:1892: Timely Payment of Claims

This statute specifically addresses the issue of timely payment of insurance claims. It states that an insurer "shall pay the amount of any claim due to any person insured by the contract within 60 days after receipt of satisfactory proof of loss from the claimant when such failure is arbitrary, capricious, or without probable cause."

Bad Faith Breach of Insurance Contract

A bad faith breach of insurance contract occurs when an insurer fails to fulfill its duty of good faith and fair dealing, causing harm to the policyholder. This can manifest in various ways, such as:

Delaying or denying valid claims without adequate justification.

Requiring excessive documentation or proof of loss.

Misrepresenting policy terms or coverage limitations.

Using unfair tactics to negotiate settlements.

Damages for Bad Faith Breach

If an insurer is found to have acted in bad faith, the policyholder may be entitled to damages, including:

Compensation for actual losses incurred as a result of the insurer's actions.

Penal damages to punish the insurer for its bad faith conduct.

Attorney's fees incurred in pursuing the bad faith claim.

Remedies for Bad Faith Breach

Policyholders who believe their insurer has acted in bad faith can seek remedies through various means, including:

Filing a complaint with the Louisiana Department of Insurance.

Arbitrating the dispute through a neutral third party.

Filing a lawsuit in court.

It is important to consult with an experienced attorney who specializes in insurance law to determine the best course of action if you believe your insurer has acted in bad faith."

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Outcome: 11/22/2023 12 Correction of Docket Entry by Clerk re 10 MOTION to Dismiss Case. This is a duplicate filing of document 11 and will be noted as such. No further action is necessary. (js) (Entered: 11/22/2023)
11/22/2023 13 Correction of Docket Entry by Clerk re 11 MOTION to Dismiss Case. Attachment has duplicate description. For attachment, select either a category OR enter a description, but not both since this results in duplicate docket text. Clerk took corrective action. (js) (Entered: 11/22/2023)
11/22/2023 14 ORDER: IT IS HEREBY ORDERED that the motion is GRANTED, dismissing without prejudice, pursuant to Fed. R. Civ. P. 41(a), all plaintiff Frank Green's claims against defendant Liberty Mutual Insurance Company in the above-captioned case, with each party to bear its own attorney's fees and costs. Signed by Judge Ivan L.R. Lemelle on 11/22/2023. (js) (Entered: 11/22/2023)

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