Lugenbuhl counsels our insurance and industry clients before litigation ever ensues. In particular, Lugenbuhl assists its clients in making decisions about:
- Thorough and secure site investigations when called upon.
- Investigation, evaluation, and timely payment of claims where appropriate
- If evaluation coverage, we would look to advise whether to defend under reservation of rights, decline coverage or even rescind a policy where appropriate.
- In addition, Lugenbuhl assists our clients in deciding whether to seek declaratory-judgment actions in order to obtain early and efficient coverage determinations in favorable jurisdictions.
If retained after litigation has already ensued, Lugenbuhl defends suits initiated not only by first-party claimants under personal or commercial auto policies, but also by third-party claimants. An early evaluation of accident facts and injuries is critical to the defense strategy.
With respect to first-party bad faith claims, Lugenbuhl’s bad faith-coverage team has extensive litigation experience concerning assignment of bad faith claims to third persons, demands in excess of policy limits, the interplay between primary and excess coverage and whether statutory requirements have been satisfied.
Because Louisiana permits third-party claims to be asserted directly against insurers under the Direct-Action Statute, La. R.S. 22:1269, liability insurers often find themselves involved in bad faith litigation with third-party claimants. Lugenbuhl’s in-depth knowledge of Louisiana law interpreting statutory penalty provisions enables us to develop early exit strategies. Typical third-party bad faith claims include:\
- Whether a third-party claimant can legally assert particular types of bad faith claims
- Whether certain payments, including settlements, were timely
- Whether a third-party claimant has been properly assigned to an insured’s bad faith claim
- Whether policy terms were misrepresented