LexGurus India’s Post

Updates on some of the Legislative Issues for Tort Reform in Louisiana: 1. Louisiana's direct action statute permits an injured party to sue the insurance company directly, instead of the party alleged to be at fault. Louisiana is one of only three states that allows a direct action against the insurance company. The 47 other states recognize that bringing an insurance company into a lawsuit encourages a jury's tendency to award more significant damages - which ultimately results in higher insurance rates for policyholders and significantly impacts the state's ability to attract insurers and encourage more competition in our unstable market. It is important to note that repealing this statute does not remove an insurer's obligation to pay damages 2. Housely Presumption SB 20 by Sen. Alan Seabaugh and HB 24 by Rep. Michael Melerine Would require a plaintiff to maintain full burden of proof on causation rather than allowing the plaintiff to rely on the prior judicially-created presumption of causation. It legislatively repeals the presumption and provides additional fairness and predictability in Louisiana’s legal system. 3. Third Party Litigation Financing (TPLF) – The Litigation and Financial Disclosure Act SB 8 by Sen. Rick Edmonds and HB 336 by Rep. Emily Chenevert Requires parties to automatically disclose any litigation financing contract or agreement under which anyone other than a legal representative may receive compensation contingent on the proceeds of the civil action. 4. Collateral Source Legislation SB 244 & SB 382 by Sen. Kirk Talbot and HB 423 by Rep. Michael Melerine This legislation discloses to the jury in civil cases what a plaintiff actually pays in medical costs and what the medical provider bills the insurer. These bills would put us in more close alignment with the nation’s trend of enacting legislation that allows the plaintiff to recover only what was actually paid by them, not the amount incurred. 5.  Offer of Judgment SB 84 by Sen. Alan Seabaugh In current law, if the plaintiff does not win a “judgment” when an offer of judgment is made and not accepted, the only recourse is payment of costs by the plaintiff. This bill directs that if a final judgment is in favor of the defendant and is at least 25 percent less than the offer of judgment, defendant is entitled to recover attorneys’ fees and costs from the plaintiff. This would resolve the current imbalance in the law, encourage early settlement within a reasonable range, and aligns Louisiana with other states. If you have some interest and influence, please contact your Louisiana State Senators and Representatives to help us get fairness back in the legal system.

Litigation Funding: How Insurance Covers All Bases Following up on my previous posts about litigation funding, one essential element that deserves attention is the role of litigation and contingent risk insurance. These products act as a safety net, mitigating the financial risks involved in high-stakes legal disputes. Here’s how they work: 🔹 After-the-Event (ATE) Insurance: Protects against the “loser pays” rule, covering legal fees and costs of the opposing party if the case is unsuccessful. This frees up working capital and provides security for businesses entering litigation. 🔹 Judgment Preservation Insurance (JPI): Ensures that a favorable lower court judgment or arbitral award is protected against reversal or reduction on appeal. It safeguards the plaintiff’s financial interests even after a successful ruling. 🔹 Contingent Risk Insurance (CRI): Addresses low-probability but high-severity risks such as regulatory actions or adverse legal interpretations. By insuring these uncertainties, funders and businesses can move forward with confidence. Some litigation funders take a multi-layered approach to managing risk. They rely on internal and external teams of barristers, solicitors, and legal experts to carefully assess cases. In addition, insurers also review the case to ensure it meets their coverage criteria. This ensures a comprehensive evaluation before committing to funding. I’ll be posting more soon about how to navigate the complexities of litigation funding insurance to ensure the best protection possible. What’s your experience with litigation funding insurance? Is this an asset class you are interested in?

Are you instructing a Property Expert Witness? PS: I will let you in on a secret - they’re not all created equal… Guys- no secret herbs and spices here. But I am going to give you MY opinion on EXPERT opinion. And it doesn’t matter if you are a claims handlers, lawyer, homeowner or professional. Let’s GO! So we all know that it is critical to instruct reliable, proven and ‘experienced’ expert witnesses and with the right expertise in the right field. That’s it? No, there is more… Where am I coming from? Guys, the one thing I find myself doing more than any other area (except insurance advice) is instructing expert witnesses. So, what should you be looking for in an expert witness? Number 1. Witness depth of experience and credibility in the relevant field and forum is critical. This may even mean two or more experts for the same case on different issues. Remember, a factual issue in a case may come down to the opinion of the expert you have instructed vs the other party. Don’t cut corners… Number 2. Case consideration and instructing experts: This is so often overlooked, make sure you instruct the expert properly and that means with the right questions to answer and which are relevant to your case / cause of action. Junior lawyers, claims handlers or non specialists feel free to reach out…I may be able to assist or refer you to Counsel. Number 3. You should treat the expert independently and keep a record of all instructions and follow the relevant practice note for the relevant forum. Number 4. Access ALL areas please! At least get access to the right properties and areas. This is one ‘area’ where even the leading expert who is properly instructed can be limited. Number 5. Opinion based on facts. I don’t just want to know your opinion but your reasoning! You want to obtain an opinion based on objective facts. In a water act case I often want to see dye testing to trace an issue. Number 6. Instruct the expert along with all of the documents necessary to assist an expert understand the issues. This may require new documents that are discovered being provided to an expert after the original instructions. AND For strata matters, why not give the Plan of Subdivision to an expert to allow them to mark and identify the location of an issue. Number 7. Don’t ask experts to opine on law! They may do it anyway without knowing. And if you are a lawyer and this happens don’t rely on it as fact! LAST of all, hats off to all those expert witnesses out there who tirelessly pull together their reports often under tight timeframes. I know you sometimes face challenges at inspections but you are furthering resolution in our legal system. Without you we would just have the law 🤣

Not long ago, I embarked on a road trip from Austin, Texas to Orlando, Florida and counted over two-hundred personal injury law firm billboard advertisements along I-10 to the Florida Turnpike. Roofing Contractors had the dubious distinction of landing in second place as we passed each town, followed by Buc-ees which provided needed services - roadside gas and pit stops in a clean, friendly environment. Social Trend Researchers would suggest a variety of reasons for the increasing litigation trend. The fact is, the U.S population has an increased propensity to sue following an accident or a perceived breach of an insurance contract when lawyers can secure litigation funding for in many cases misadventures that benefit law firms and the unregulated litigation funding actors. Tort costs once was a fraction of United States GDP, has increased over three-fold in the past 50 years, now hovering significantly above two percent and expected to continue growing in the near term, further contributing to inflationary premium increases on many P&C lines of business. This is a topic that has flown below the radar far too long and an area that deserves increased State Legislative attention to protect both consumers and businesses already under significant economic pressure. APCIA's Whittle offers an important perspective: Litigation-financing disclosure is crucial. The judicial system would benefit greatly by ensuring the disclosure of third-party litigation financing, which can contribute to higher claims and thereby drive insurance costs up, APCIA's James Whittle says. "Courts are a part of government, not a marketplace. We should know who's involved and why. The courts need to know that to do their jobs," Whittle says.

EANYC Member Spotlight: Frank Winston, Esteemed Partner at Lerner, Arnold & Winston, LLP We are thrilled to highlight Frank P. Winston in our member spotlight, an acclaimed partner at Lerner, Arnold & Winston, LLP. His dedication and expertise in the field of insurance law have led to significant achievements and recognition, including being a consistent Super Lawyers selectee from 2017 to 2023. 𝐁𝐀𝐂𝐊𝐆𝐑𝐎𝐔𝐍𝐃: Frank, a seasoned lawyer with over 28 years of experience, specializes in representing individuals and businesses in complex insurance coverage and bad faith actions. His career is marked by countless victories for clients affected by major natural disasters such as Hurricanes Irene, Sandy, Maria, and Irma. 𝐖𝐇𝐀𝐓: Lerner, Arnold & Winston, LLP isn’t just a law firm; it’s a beacon of hope for those unjustly denied by insurance companies. Frank’s practice includes a broad array of legal services, from mediations and trials to appeals, focused on securing justice for policyholders and injury victims alike. 𝐇𝐎𝐖: Under Frank’s guidance, the firm commits to the highest standards of advocacy, ensuring each client receives dedicated and effective legal representation. Frank’s approach is about more than just legal success; it’s about restoring fairness and helping clients rebuild their lives: "Every case is a personal commitment to seeking justice and advocating vigorously for our clients." 𝐍𝐄𝐗𝐓 𝐒𝐓𝐄𝐏: Learn more about Lerner, Arnold & Winston, LLP in the comments below. Their commitment to client advocacy and excellence in insurance law reflects Frank’s unwavering dedication and expertise. For those interested in the intricacies of insurance law or seeking expert legal representation, Frank P. Winston invites you to connect. Under Frank's leadership, Lerner, Arnold & Winston, LLP exemplifies a steadfast commitment to justice and client service in the field of insurance law. #EANYC #InsuranceLaw #LegalServices #LernerArnoldWinston #Leadership #ClientAdvocacy If you're inspired by Frank’s story, hit the like button and share your thoughts in the comments. At EANYC, we celebrate the profound impact our members have on our community. Learn more about EANYC and our members below!

Lawyers are Eating Insurance Episode 5: The P&C Litigation Process in Under 10 Minutes The national P&C insurance market prioritized litigation in 2024. That means that the broader P&C ecosystem is being called on to support claims leaders, adjusters, and attorneys in their journey to rebalancing the scales of justice. In 2025, we'll see significant advancements in P&C litigation. Every day we're briefing these key partners on the litigation process. Although everyone's talking about litigation, virtually no one is providing any detail into the processes that have led to these issues. National P&C insurers have been leveraging some of their most talented folks, including business analysts, data analysts, tech leadership, and consultants . P&C insurers are asking these professionals to support claims and litigation leaders to find out how adjusters and defense attorneys can get back to what they do best: litigation resolution (instead of litigation management) and insurance offense (instead of insurance defense). If you're new to P&C litigation, I put this together for you, and there will be more to come. If you've been in litigation for a while, you can probably skip to 6 minutes in where I share some of the most fascinating questions raised by Taylor Smith in his industry leading Suite 200 report on claims litigation. https://lnkd.in/gN6eaaGE

Lawabet plays a crucial role in assisting clients throughout the process of filing insurance claims, ensuring a smooth and effective experience during what can often be a complex and challenging situation. Here's a brief overview of how Lawabet supports clients in navigating the insurance claim filing process:   1. Initial Consultation: Lawabet initiates the process with an initial consultation, during which clients can discuss the details of their situation. Whether it's a slip and fall accident, a personal injury case, or any other incident that involves an insurance claim, Lawabet's team gathers essential information to understand the nature of the claim.   2. Assessment of Viability: After gathering information, Lawabet assesses the viability of the insurance claim. This involves evaluating the circumstances surrounding the incident, determining liability. 3. Documentation Collection: Lawabet assists clients in collecting and organizing all necessary documentation for the insurance claim. This includes incident reports, medical records, witness statements, and any other relevant evidence that strengthens the client's case.   4. Communication with Insurance Companies: Lawabet handles communication with insurance companies on behalf of the client. This involves filing the insurance claim, providing all required documentation, and ensuring that the necessary information is submitted promptly and accurately.   5. Negotiation Support:  If necessary, Lawabet provides support in negotiating with insurance companies. This includes advocating for fair compensation, presenting a comprehensive case, and ensuring that the client's rights and interests are protected during the negotiation process.   6. Legal Consultation: Throughout the insurance claim filing process, Lawabet offers legal consultation to clients. This involves explaining their rights, providing guidance on the potential outcomes, and offering insights into the legal aspects of the claim.   7. Preparation of Legal Documents: Lawabet assists in the preparation of any legal documents required for the insurance claim. This could involve drafting demand letters, creating settlement agreements, or preparing any other documentation essential for the claims process.   In summary, Lawabet's involvement in filing insurance claims is comprehensive, covering every step from initial consultation to settlement administration. You are required to fill a form there on the website.Www.nomosots.in   #PersonalInjury #Injury #MedicalMalpractie #MassTort #Medical #Nofault #nofaultautomobileaccident #Accident #Accidentlawyer #revenuegeneration #growthstrategy #costsavings #innovationstrat #costcutting #legalinnovatio #legalservices #LPO #LegalOutsourcingServices #lawabet   Blog: https://lnkd.in/duVnvivz Form: https://lnkd.in/dEByq56N Contact: https://lnkd.in/dr9sAkEH  

Choosing between Chancel Reports and No Search Chancel Insurance can be a pivotal decision in property transactions, and WHITEFIELD LEGAL SERVICES is here to ensure you make the right choice tailored to your needs. As an independent firm we are able to offer both options. With their Chancel Reports, Whitefield can offer a thorough examination of historical records and land titles, offering you a comprehensive overview of any potential chancel liabilities associated with the property. This in-depth analysis empowers you with invaluable insights into the property's history, enabling you to make informed decisions and mitigate risks effectively. By opting for Chancel Reports, you gain clarity and transparency, essential elements in navigating the intricacies of property law. On the other hand, Whitefield also offers No Search Chancel Insurance, providing an alternative solution for those seeking peace of mind and protection against unforeseen risks. This insurance policy serves as a safeguard, offering financial coverage in the event of a chancel liability claim arising in the future. Opting for No Search Chancel Insurance provides reassurance and security in perptuity, allowing you to proceed with your property transactions confidently, knowing that you're protected against potential legal challenges. Whether you prefer the thoroughness of Chancel Reports or the peace of mind offered by No Search Chancel Insurance, Whitefield Legal Services ensures that you have access to both options, empowering you to choose the approach that best aligns with your preferences and risk tolerance. With their expertise and dedication to client satisfaction, Whitefield is your trusted partner in navigating the complexities of property law. Connect with WHITEFIELD LEGAL SERVICES today to explore their comprehensive range of solutions and embark on your property searches with confidence. As a client at Whitefield Legal services you have a choice with an independent search provider. Comment Below on your choice? We value your opinion.Please connect us at https://lnkd.in/dVpYpe4y #PropertyLaw #ChancelReports #InsuranceOptions #WhitefieldLegal #conveyancing #propertysearches Sharon Whitney IPSA - Association of Independent Personal Search Agents IPSA Searches

Problem statement: a lot of P&C litigation money is going to lawyers resulting in higher loss ratios, resulting in higher premiums. Solution statement: offer a self-settlement tool that doesn't charge 35-40% + settlement costs. This solution lowers loss ratios resulting in lower insurance premiums and provides a better claimant experience for the majority of personal injury claims. You're cutting out a massive claims cost by using Claimbrite. i.e. do you really need to hire a lawyer for a sprain or most soft tissue or minor hard tissue issues? I definitely wouldn't so, imo absolutely not for most of them. Claimbrite is nice new alternative that leaves both sides slightly dissatisfied ;). Is that not how successful negotiations work? We don't represent either side, just make the process transparent and charge a flat rate for the favor. You can settle directly through our platform depending on which carrier or business. It's interesting promoting this company that I'm working on. I bought my first car about 18 months ago. Been on GPT, YouTube, etc. and chatting w/friends and what not trying to figure out maintain it etc. It's been a lot of fun owning a car. But what if I get injured in a car crash where it's not my fault? It's a real concern - could happen any day. I haven't had any issues, but friends have. We've already helped a few people with such issues. Or say a shelf in a store falls on you? Same thing. Not good but what do you do? From working in insurance, I didn't fully know what to do until I started Claimbrite. I also don't love conflict - first son, Midwestern - whatever, I don't like it. Luckily, Claimbrite is non-adversarial in case an accident with an injury occurs. I just want people to have a less adversarial option to be made whole again without the delays in getting reimbursed or leaving money on the table. What's crazy? In some parts of the country like 5 boroughs or south Florida, as high as 90%+ people for some LOBs, hire attorneys. Just feels off, given the demands of the tasks at hand. 35-40% commission every time that happens, even for minor injuries - one of many reasons insurance rates are going up. We're like a turbotax for personal injury claims. Not a CPA firm - so if it's too complex, probably not a fit, but for the 90% of personal injury claims that aren't complex, we're here to help.

In today’s legal landscape, personal injury attorneys face major challenges in obtaining insurance policy limit information—often the key to determining a case’s outcome. Coastal Research knows that policy limit data isn’t just crucial for litigation, it’s also essential for settling cases before litigation even begins. 🎯 🔍 Why Insurance Policy Limits Matter For plaintiff attorneys, knowing the defendant’s insurance policy limits is critical to shaping case strategies and maximizing settlements. Without it, negotiations are slowed, and litigation may become necessary. Having this information upfront puts you ahead. Coastal Research gives you access to policy limits early, helping you settle cases faster and more effectively. ⚖️ 🚫 The Challenge in Non-Disclosure States In non-disclosure states, insurers aren’t legally required to reveal policy limits unless litigation is filed. This lack of transparency forces attorneys to litigate unnecessarily, driving up costs and delaying resolutions. Insurance companies use this gap to control the process, but Coastal Research bridges that gap, ensuring attorneys get the needed information without delay. 💡 Coastal Research: Settling Cases Faster Why wait for litigation? Coastal Research provides policy limit information early, giving attorneys leverage in negotiations. Here’s how: • 🕒 Speed & Accuracy: We deliver quick, reliable results that help you build stronger cases and settle faster. • 💼 Case Preparedness: With policy limits in hand, you can negotiate more effectively and avoid costly litigation. • 🚀 Avoiding Litigation: Early access to information means many cases settle before they reach the courts, saving time and money. • 🔍 Non-Disclosure Expertise: Coastal Research finds what insurers won’t disclose, giving you an advantage in non-disclosure states. 🤝 Maximizing Settlements for Clients Policy limit information upfront gives you control of the settlement process. With Coastal Research, you can expect: • 🚀 Faster Resolutions: Settle cases quickly, reducing delays. • 📈 Higher Settlement Values: Leverage early policy data to secure maximum compensation. • ⚖️ Less Litigation: Resolve cases before they escalate, cutting legal costs and time. 🔗 Bridging Attorneys and Insurers Coastal Research closes the gap between attorneys, insurers, and crucial policy data. We provide the transparency attorneys need to negotiate faster, fairer settlements. 🏆 🔑 Conclusion: The Future of Case Preparedness In personal injury law, having the right information early is essential. Coastal Research delivers fast, accurate policy limit investigations that help you settle cases before litigation even begins. 🌟 Ready to maximize case preparedness? Let’s get started. #PolicyLimits #LegalTech #InsuranceTransparency #PersonalInjury #SettlementSuccess #CoastalResearch #LitigationStrategy #CasePreparedness #MaximizeSettlements