Archive | March, 2019

In the case of Americas Insurance Company v. Brian Jarreau, et al, currently pending in the United States District Court for the Eastern District of Louisiana, The Monson Law Firm attorney Laura Abel defeated a bad faith Motion for Summary Judgment filed by the insured and won a Motion for Summary Judgment on the issue of Additional Living Expenses (“ALE”).  The insured alleged unsuccessfully that Americas was in bad faith because it challenged the appointment of Nader “Anthony” Odeh as their appraiser on the grounds that Odeh was not impartial.

The Monson Law Firm won summary judgment on behalf of Americas by showing that Americas voluntarily paid the ALE limits of the policy.  The court dismissed the insured’s claims that additional amounts for ALE were due because the limits of ALE were tendered prior to the completion of the appraisal process.

Please click here for a copy of the judgment. Jarreau Order

#winning #summaryjudgment #insurance #ALE

The Monson Law Firm attorneys Matthew Monson and Rachel Flarity recently won a decision before the Louisiana Fifth Circuit Court of Appeal in the case of “Peter and Laurie Yaukey v. Henry Ballard, et al.”  In this case, plaintiffs alleged damages and personal injuries from alleged exposure to mold at a rental property, including breast cancer, fibromyalgia, constipation and hyperthyroidism.  During this matter, plaintiffs presented a demand for damages of $2,000,000.  After deposing plaintiffs’ treating physicians, The Monson Law Firm filed a Motion for Summary Judgment on the issue of medical causation, which was denied by the trial court.  On March 20, 2019, the Fifth Circuit Court of Appeal reversed the trial court and granted defendants’ request for summary judgment.

Please click here for a copy of the decision. Yaukey v Ballard