Louisiana UM and Bad Faith - Old and New (From Basics to Newly-Developing Issues)

Louisiana's Uninsured/Underinsured Motorist Law and corresponding penalty statutes have been established for years. Recent "real life" events, including hurricanes, legislative tort reform, and the inception of certain claims value determination programs, have led to a wealthy body of caselaw ripe for discussion and litigation. These are just a few of the factors that have altered the landscape of Louisiana's motorist and insurance laws. 

In addition to discussing the essential uninsured motorist requirements in Louisiana, this program will also address the ever-changing application of recoverable penalty provisions, the logistics of claims adjustment from a litigator's perspective, and recent issues observed in the actual trial of these matters, including, for example, a recent Decision which could affect not only the outcome of hundreds, if not thousands, of property damage claims, but the entire claims evaluation process itself. How far-reaching these new changes have yet to be seen, though they could implicate, among other things, how adjusters evaluate claims and determine if a tender is "adequate" under the law, rulings on bad faith claim adjustment and the defenses asserted on behalf of the insurance entities acting in Louisiana.  

This program will supply Louisiana practitioners with ample information and the tools necessary to address potential challenges they may face in navigating UM and bad faith cases in this evolving landscape.

Learning Objectives:

1. Identify Louisiana's statutory requirements for Underinsured/Uninsured Motorist coverage

2. Discuss applicable penalty provisions including the likelihood of success in recovery at trial 

3. Review litigation tactics for trying first-party claims and corresponding defenses to UM and associated bad faith claims

4. Prepare a discovery strategy for trying and defending against first-party claims

5. Discuss recent cases and developments in the law in Louisiana's trial courts, federal district courts, and intermediate appellate courts