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Court Decisions

For whom the bell tolls: Was UM arbitration demand timely?

For whom the bell tolls: Was UM arbitration demand timely? On July 9, 2011, Maricela Leon was involved in an automobile accident in which she sustained injuries. At the time of the accident Leon was working as a driving instructor for Chavez Trucking. She was riding as a passenger in a 2008 Nissan Altima and instructing Stephani Bernardo, who was driving the vehicle. The vehicle was owned by Cirinio Aguirre.

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Lack of standing bars recovery

Lack of standing bars recovery Liberty Transportation, Inc., owned property that was insured by Massachusetts Bay Insurance Company for property damage, loss of income, and fair rental value. On or about August 28, 2011, the property sustained wind and water damage during a hurricane. Liberty filed a claim for damages for lost income and lost fair rental value. Massachusetts Bay denied the claim, and in August 2013, Liberty filed suit

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To stack or not to stack?

To stack or not to stack? On October 17, 2014, Bennie Barlow was driving a pickup truck owned by his employer, Enviro-Tech, when he was rear-ended by a vehicle driven by the at-fault driver, Sebastian Dionne. Barlow was acting within the scope of his employment at the time of the accident. The Enviro-Tech truck Barlow was driving was one of 16 trucks insured under an automobile policy with State Farm

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The air that I breathe

The air that I breathe David DeFelice owned property in Metairie, Louisiana. He and Katie Hondroulis were living in the house when, on June 10, 2016, the house sustained water damage as the result of an overflowing drain caused by clogged plumbing. DeFelice contacted a plumber, who discovered mold while working in the house. DeFelice notified his homeowners insurer, Federated National Insurance Company, of the water damage and the plumber’s

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What a difference a day makes

What a difference a day makes On December 13, 2016, Jesse Stevenson and Logan Stevenson were passengers in a vehicle driven by Jacob Stevenson when it was involved in an accident with a vehicle driven by Anthony J. Leblanc Jr. On December 14, 2017, the Stevensons filed suit against Leblanc and his insurer, Progressive Security Insurance Company. Leblanc and Progressive answered the petition and filed an exception raising the objection

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