Insurance Agent Liability

  • Ms. Lessell successfully argued and obtained a summary judgment on behalf of an insurance agency in a complex, consolidated case. The case arose out of allegedly defective construction. The insurance agency was named as a third party defendant by the builder, who claimed that the agency must have been negligent in procuring insurance for it, since all of his insurers had denied a defense for the claim. The Motion for Summary Judgment was predicated on both the duty of an insurance agent to the insured and peremption pursuant to La. R.S. 9: 5606.
  • Ms. Lessell successfully obtained a dismissal of a claim against an insurance agent and his agency, where the third party plaintiff allowed his insurance policy to expire and the involved policy was obtained eight years prior to the date the claim was filed. The Motion for Summary Judgment was based on peremption, pursuant to La. R.S. 9:5606.