In a case of first impression for Louisiana, The Monson Law Firm was successful on behalf of Americas Insurance Company in compelling an AOB contractor to sit for an examination under oath (“EUO”) and participate in the appraisal process. In the case of Stacy Morgan and A-Plus Contractors, LLC vs. Americas Insurance Company, currently pending in the United States District Court for the Eastern District of Louisiana, the Honorable Jane Triche Milazzo issued an order on July 6, 2017 granting The Monson Law Firm’s Motion to Compel Examination Under Oath and Appraisal and Stay Litigation Pending Appraisal. The Motion was written by The Monson Law Firm attorney Blake Lusk and argued by attorney Laura Harris Abel. Judge Milazzo’s decision correctly states as follows:
Indeed, under Louisiana law, an “assignee ‘steps into the shoes’ of the assignor and acquires only those rights possessed by the assignor at the time of the assignment.” Accordingly, Plaintiffs must comply with the terms and conditions of the policy, including the appraisal provision.
Just as important, in reference to Americas’ demands that plaintiffs comply with the terms and conditions of the policy, Judge Milazzo could not be more clear when she wrote:
This does not constitute bad faith.
A copy of Judge Milazzo’s decision can be found here. This decision is significant as courts in other states have denied insurers their right to take an EUO of AOB contractors. The Monson Law Firm is on the front lines of the battle to end Assignments of Benefits abuse. To see how The Monson Law Firm created the solution to ending AOB in Louisiana, please click here.
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