Coverage Litigation
Louisiana Insurance Litigation Defense Law Firm
Keogh Cox has been a leader in insurance coverage litigation for more than 40 years. Businesses and insurance clients nationwide rely on us for claims and disputes in Louisiana’s trial and appeals courts, or in mediation and arbitration. Clients seek our help for coverage litigation and counsel across the board, including coverage analysis, legal opinions and opinion letters regarding how policy language might be interpreted in Louisiana courts.
Experience Highlights
Client Story: Keogh Cox Assists its Clients in Obtaining Reimbursement of Defense and Indemnity Payments.
Where we started: In any multi-party insurance dispute, the opportunity can arise for a client to obtain defense and indemnity from another party. Our roadmap: Keogh Cox utilizes various options to obtain defense and indemnity reimbursement where appropriate, giving consideration to: “other insurance” provisions in policies; the ranking of coverage; other lines of coverage issued to additional insureds; and by application of horizontal and vertical spreading methods. Resolution: A claim for defense and indemnity can drive a favorable settlement of the underlying tort or property damage case. Then, the issues in the subrogation litigation can be handled separately in a more narrowly focused effort by all parties.
Client Story: Ensuring that the Correct State’s Law is Applied to an Insurance Dispute Changes the Course of Litigation.
Where we started: Choice of law is a frequent issue in insurance cases, and Louisiana courts frequently find that the law of the state in which the insurance policy was negotiated, premiums were paid and the policy was delivered should apply to interpret its terms. Our roadmap: Through its years of experience, Keogh Cox knows that choice of law can be a key issue that will drive the defense of an insurer. Thus, Keogh Cox will perform a choice of law analysis to ensure that the correct state’s law is applied. Resolution: Ensuring that the correct state’s law is applied has resulted in the assertion of set-off provisions or other coverage limitations not otherwise available under Louisiana law and avoidance of tender requirements and associated penalties not available under another state’s laws.
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