Patricia Head Minaldi

• Turner v. OM Financial Life Insurance

  District Court, W.D. Louisiana · 2011-09-29 · cited 3×

  The case involved beneficiaries suing a life insurance company to recover proceeds under a flexible premium adjustable death benefit policy that lapsed for nonpayment after the insured's death, claiming the insurer failed to provide required notices under Louisiana law. The court ruled on cross-motions for summary judgment regarding compliance with statutory notice obligations before policy lapse. It found that the insurer's premium due notice did not specify the amount needed to prevent lapse as required by La. R.S. 22:905, while rejecting the beneficiaries' contra non valentem argument based on evacuation during Hurricane Ike.

  business & regulatoryprocedure

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• Jackson v. GEARBULK, INC.

  District Court, W.D. Louisiana · 2011-01-05

  The case involves a longshoreman who sued a vessel owner under § 5(b) of the Longshore and Harbor Workers’ Compensation Act after falling from a portable ladder while cleaning a cargo hold, alleging the ladder created an unreasonable hazard. The defendant moved for summary judgment, arguing there was no evidence the vessel owned the ladder and that the conditions for vessel liability to longshoremen were not met. The court found insufficient evidence linking the ladder to the vessel, as the plaintiff's inference from its presence in the hold was countered by testimony attributing it to the stevedore, and noted that the hazard was open and obvious with safe alternatives available to an experienced worker. It further held that the vessel had no actual knowledge of any defect and could reasonably rely on the stevedore's safety practices. The court granted summary judgment to the defendant.

  torts & liabilityprocedurelabor & employment

  Read the full opinion inline ▾ (7,847 words)

• United States v. Hatton

  District Court, W.D. Louisiana · 2009-02-26

  Read the full opinion inline ▾ (2,020 words)

• Cameron Parish School Board v. RSUI Indemnity Co.

  District Court, W.D. Louisiana · 2008-08-25 · cited 5×

  Read the full opinion inline ▾ (4,730 words)

• Cameron Parish School Board v. State Farm Fire & Casualty Co.

  District Court, W.D. Louisiana · 2008-05-19 · cited 12×

  Read the full opinion inline ▾ (1,957 words)

• United States v. Joiner

  District Court, W.D. Louisiana · 2008-04-29 · cited 2×

  Read the full opinion inline ▾ (1,422 words)

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