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Seth graduated college with a B.S. in Biochemistry along with minors in Math, Chemistry, Psychology, and Zoology & Physiology.  This background honed his analytic and problem solving skills providing him the ability to solve the most difficult of legal puzzles.  Combined with his litigation experience, accessibility and responsiveness, and his commitment to client communication, Seth has been recognized by his peers and publications both in Louisiana and nationally as an attorney of note in the insurance coverage arena.

Overview

Seth Schmeeckle concentrates on representing and counseling insurance companies in liability coverage and property coverage disputes in both Louisiana and Texas. He has argued before the Louisiana Supreme Court, the United States Court of Appeals for the Fifth Circuit, the Louisiana state appellate courts, and state and federal district courts on behalf of his insurer clients – always striving to provide his insurer clients with focused and innovative solutions to even their most complex issues. 

Seth’s liability coverage practice involves claims arising under general liability policies and employer’s liability/worker’s compensation policies of insurance. His practice has a special focus on construction defect coverage, related litigation, and the additional-insured issues associated with those claims. Additionally, he has significant experience in general liability coverage disputes involving environmental, toxic tort and long-latent disease issues. 

Throughout his career, Seth has: 

  • Guided insurers through their litigation concerning the validity of various exclusions in liability policies such as the employer’s liability exclusion, auto exclusion, contractual liability exclusion, work and product exclusions and many others 
  • Litigated additional insured provisions in policies and associated anti-indemnity statutes involving contractual provisions. 
  • Evaluated liability policies to determine if they afford statutory UM coverage. 
  • Provided pre-litigation counseling. 
  • Developed both reservation-of-rights letters and cost-sharing agreements. 
  • Litigated bad faith issues focused on demands for policy limits and the reasonability of settlements. 

Seth’s property coverage practice has spanned Hurricanes Katrina, Rita, Ike, Gustav, Isaac, Superstorm Sandy, and includes representation of NFIP insurers in addition to insurers not providing coverage for flood. His work related to natural disasters has involved: 

  • Pre-litigation counseling 
  • Taking examinations under oath 
  • Counseling insurers during arson investigations 
  • Guiding insurers through the appraisal process 
  • Litigating both residential and commercial property losses 

Included in his property coverage practice is litigating key coverage issues surrounding the following and more: 

  • The viability of the water damage exclusion 
  • Late notice and prejudice to an insurer 
  • Vacancy exclusions 
  • Overhead and profit issues 
  • The meaning of “expenses incurred” 
  • Lack of coverage for fallen trees which caused no damage 
  • Valued policy law issues 
  • The proper methodology for calculating business income losses both generally and those associated with the actions of civil authority 
  • Bad faith claims 

Outside the Office

When you don’t find Seth in the office, look for him to be playing in a 90s rock cover band, boiling crawfish or floating in a pool. 

Education

  • Louisiana State University School of Law, J.D., 2000
  • Louisiana State University, B.S., 1997

Admissions

Bar Admissions

  • Louisiana
  • Texas

Court Admissions

  • All Louisiana State Courts
  • U.S. District Courts for the Eastern, Middle and Western Districts of Louisiana
  • All Texas State Courts
  • U.S. District Courts for the Northern, Southern, Eastern and Western Districts of Texas
  • U.S. Court of Appeals for the Fifth and Eleventh Circuits

Professional

  • Louisiana State Bar Association 
  • Texas Bar Association 
  • New Orleans Bar Association 
    • Insurance Committee, Vice Chair (2015-2016) 
  • Federal Bar Association 
  • Bar Association of the Fifth Federal Circuit 
  • Baton Rouge Bar Association 
  • Defense Research Institute 
  • Claims and Litigation Management Alliance

  • Best Lawyers (2018-2024)
  • Super Lawyers (2014-2024)
  • New Orleans Magazine’s, “Top Lawyers” (2012-2013, 2015–2016, 2018-2020, 2022-2023)
  • Inside New Orleans Reader’s Favorite “Elite Lawyers” (2022-2023)
  • Leadership in Law (Class of 2010)
  • Martindale-Hubbell: AV Preeminent Rating

  • Jay P. Farmer and Seth A. Schmeeckle, “The Duty to Defend and the Affirmative Defense,” Insurance Coverage Law Bulletin (Apr. 2016) 
  • Rebecca A. Moore and Seth A. Schmeeckle, “ ‘Customary Operations’ or a Vacant Building?,”  Insurance Coverage Law Bulletin (Sep. 2015) 
  • C. Austin Holliday and Seth A. Schmeeckle, “Setoon, Starr and Beyond,” Insurance Coverage Law Bulletin (Nov. 2013) 
  • Heather N. Sharp and Seth A. Schmeeckle, “New ISO Forms Impact Construction Contracts,” Insurance Coverage Law Bulletin (Sept. 2013) 
  • Sara E. Coury and Seth A. Schmeeckle, “Civil Authority Provisions in Property Policies,” Insurance Coverage Law Bulletin (Nov. 2012) 
  • Travis B. Wilkinson and Seth A. Schmeeckle, “Coverage Issues Under Homeowners’ Insurance Policies in Chinese Drywall Cases,” Insurance Coverage Law Bulletin, Vol. 10, No. 8 (Sep. 2011) 
  • Wystan M. Ackerman and Seth A. Schmeeckle, “Handling the Flood of Coverage Litigation: Lessons Learned from Katrina,” Coverage, Vol. 20, No. 3 (May/June 2010) 
  • Anne E. Briard and Seth A. Schmeeckle, “Is an Insurer Obligated to Defend the Prosecution of Affirmative Claims on Behalf of Its Insured?” Insurance Coverage Law Bulletin, Vol. 8, No. 4 (May 2009) 
  • Gregory C. Fahrenholt and Seth A. Schmeeckle, “A New Approach: Disclaiming Coverage for Arson to a Vacant Building in Standard Fire Policy States,” Insurance Coverage Law Bulletin, Vol. 7, No. 10 (Nov. 2008) 
  • Seth A. Schmeeckle and Ralph S. Hubbard III, “Selecting Defense Counsel and Controlling the Defense: Who Makes the Call When Rights are Reserved?” Insurance Coverage Law Bulletin, Vol. 3, No. 3 (Apr. 2004) 

  • “2019 Year in Review – Significant Developments in Insurance Coverage and Extra-Contractual Liability,” New Orleans Bar Association (Jan. 23, 2020) 
  • “Negotiations Strategies with Casualty Claims,” PLRB Central Regional Adjusters Conference (September 5 and 6, 2017) 
  • “The Appraisal Clause: Viewpoints from the Policyholder and Defense Counsel,” CLE, New Orleans Bar Association (Jul. 16, 2015) 
  • USDC NJ Hurricane Sandy Arbitrator Training Conference (Jul. 23, 2014) 
  • USDC EDNY Storm Sandy Mediation Training (May 22, 2014) 
  • HarrisMartin’s Superstorm Sandy Insurance Coverage Litigation Conference (Feb. 26, 2013) 

Seth 's Insights