Attorneys Laura H. Abel and Donald J. Latuso, Jr. recently won a summary judgment motion on behalf of Southern Fidelity Insurance Company (“SFIC”) in the 24th Judicial District Court for the Parish of Jefferson. In the matter entitled “Tammy Bourgeois wife of/and Corron Bourgeois vs. Southern Fidelity Insurance Company,” plaintiffs made claim for bad faith damages following Hurricane Isaac. SFIC and plaintiffs agreed to the appraisal process, resulting in a confirmed appraisal award to plaintiffs of only $5,457.05. In granting SFIC’s Motion for Summary Judgment, the Court determined that plaintiffs’ failed to establish that they could satisfy their evidentiary burden of proof at trial. In contrast, the Court determined that SFIC successfully established that plaintiffs’ claim arose solely out of a good faith dispute as to the amount of plaintiffs’ loss. It further found that SFIC successfully demonstrated that it timely issued all undisputed amounts owed to plaintiffs. As a result, the Court granted SFIC’s summary judgment motion and dismissed plaintiffs’ claims for penalties pursuant to La. R.S. 22:1892 and La. R.S. 22:1973. Please click here for a copy of the judgment.
The Monson Law Firm has successfully used the appraisal process to efficiently handle first-party claims at lower litigation costs than the traditional “take everybody’s deposition” method, while at the same time greatly reducing the insurer’s bad faith exposure. If you think that you too can benefit from this approach, call The Monson Law Firm today!
