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MAY 2011 LEGAL UPDATE
Published on: May 1, 2011
Insurance – The Louisiana Supreme Court recently held that an anti-assignment clause in a homeowner’s policy is not against Louisiana public policy. An anti-assignment clause will be valid in Louisiana if it clearly and unambiguously expresses that it applies to post-loss assignments. However, the issue must be evaluated on a "policy by policy" basis. In re Katrina Canal Breaches Litigation, 2010-1823 (La. 5/10/11), 2011 WL 1774330.Prescription – The Louisiana Supreme Court ruled that a timely lawsuit filed against a principal or statutory employer interrupts prescription against a third party alleged tortfeasor when the parties have a solidary relationship. Glasgow v. PAR Minerals Corp., 2010-2011 (La. 5/10/11), 2011 WL 1759845.Workers Compensation – The Louisiana Third Circuit found that an employer must show "good cause" to change his choice of vocational rehabilitation counselor in a worker's compensation setting. Carmouche v. Kraft Foods, Inc., 10-401 (La. App. 3rd Cir. 4/13/11), 2011 WL 1376146.
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