Fifth Circuit Affirms Barrasso Usdin's Trial Win

(Client: Firm Insurance Client)

The Fifth Circuit affirmed a judgment in favor of a Firm client, an insurer, in a coverage dispute.  At issue was whether a Louisiana insurance policy issued to a Louisiana business provided coverage for a claim arising out of injuries sustained at the insured’s location in Mississippi when the insured had failed to comply with the policy’s requirement to provide notice of commencement of out-of-state operations.  Coverage was disputed because the insured did not provide the required notice.  In the district court, the issue whether the insurer waived the right to deny coverage because of the insured’s failure to provide notice was tried, with the court siding with Barrasso Usdin’s client.  The Fifth Circuit unanimously affirmed following oral argument.

The Firm client was represented at trial and on appeal by Stephen L. Miles and Diana K. Cochrane.

About Barrasso Usdin Kupperman Freeman & Sarver, L.L.C.
Barrasso Usdin Kupperman Freeman & Sarver, L.L.C., is a litigation law firm located in New Orleans, Louisiana.  The Firm has experience litigating complex civil cases throughout the country, including all types of commercial disputes, class actions, environmental cases, product liability and toxic tort cases, intellectual property cases, insurance bad faith and coverage cases, and securities arbitrations, litigation, and regulatory matters.