Neuner, Theriot, and Bridges successfully obtain full dismissal of suspicious claims
Wednesday, July 27th, 2011Laborde & Neuner attorneys Frank Neuner, Melissa Theriot, and Jaclyn Bridges successfully defeated a plaintiff’s homeowners insurance claim on summary judgment in federal court. Agreeing with L&N’s arguments, Judge Englehardt of the United States District Court for the Eastern District of Louisiana held that there was no coverage for the plaintiff’s claim to recover for the alleged theft of personal property from the insured premises because the plaintiff breached his duty to cooperate under the policy. The Court found the plaintiff breached the policy conditions requiring him to provide his insurer with a sworn proof of loss and to submit to an examination under oath. This failure prejudiced the insurer’s ability to timely investigate the suspicious claim which precluded coverage of the plaintiff’s homeowner’s claim. By granting the summary judgment, the Court dismissed all of the plaintiff’s claims for damages, penalties, and attorneys’ fees with prejudice.
