State: 
Louisiana
Year: 
2019
Case Number: 
2019-C-01123
Court: 
Supreme Court of Louisiana
Issue: 
Notice Prejudice

In its brief, UP argues that an insurance company must establish that the events leading to the outcome of an underlying case actually prejudiced the insurance company in a manner that would not have happened had the insurance company received timely notice of the claim.

UP argues that:

1. Louisiana law requires proof of actual prejudice to avoid policyholder forfeiture and insurance company windfall;

2. The modern view of insurance requires proof of prejudice before insurers may avoid coverage on the grounds of late notice;

3. Legal and insurance coverage authorities across jurisdictions agree that this modern view requires that insurance companies prove actual prejudice, not theoretical prejudice; and

4. Louisiana law strongly disfavors forfeiture of insurance coverage.

 

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Author: 
This brief was drafted pro bono by G. Andrew Veazey of Veazey Felder & Renegar, LLC