Port Ship Service, Inc. v.
Ellsworth Corp., Fireman's Fund Ins. Co. and Marcus
Dunn
Trial court grants Motion for Summary Judgment on Peremption - U & E
represented an insurance agent who did
not procure flood insurance on commercial property policy. The
insured testified that he requested flood insurance. The policy was
issued without flood insurance just before Hurricane Katrina hit the
Gulf Coast. The agent filed a motion for summary judgment on peremption because the
suit was not filed within one year of the issuance of the policy.
The trial court granted the motion for summary judgment, thereby dismissing the agent. Agent
was dismissed because the insured's claims were perempted after one
year of issuance of policy, despite the argument that the agent owed
a duty to advise the insured that flood insurance was not procured.
(8/31/11)
Levy v. Phillips and Jordan,
Inc. and U.S. Army Corp of Engineers
Trial Court grants MSJ for Indemnification - Ungarino & Eckert filed a
Motion for Summary Judgment against the
City of New Orleans seeking an order that the City of New Orleans must
indemnify our client. Likewise, the City of New Orleans filed a Motion for
Summary Judgment against our client seeking an order that the City of New
Orleans does not owe indemnification.
We were successful in convincing the federal judge that when the
mayor issued an executive order that the City would indemnify all
sub-contracts against all claims whatsoever arising from the debris
removal activities that included tree removal and therefore we were
successful with our indemnification argument. (6/29/11)
Raines v. Colley, 872 So.2d 537, 2003-1630 (La. App. 4 Cir. 4/7/04)
– Motion for Summary Judgment upheld in premises liability case
Crenshaw v. Bayou Land and Marine Contractors, 868 So.2d 933, 03-1231 (La.
App. 5 Cir. 2/23/04)
– Trial verdict upheld in construction bridge collapse case
Carroll v. Progressive Ins., 860 So.2d 154, 03-601 (La.
App. 5 Cir. 10/28/03)
– Motion for Summary Judgment upheld on insurance coverage issue
Coulon v. Witco Corp., 845 So.2d 1152, 03-117 (La. App. 5 Cir. 4/29/03)
– Motion for Summary Judgment upheld on contractual indemnity issue
Roach v. Kamath, 837 So.2d 118, 2002-1309 (La. App. 4 Cir. 12/30/02)
– Motion for Summary Judgment upheld in premises liability case
(landlord /tenant)
Bailey v. Battiest Const., 809 So.2d 1118, 2000-1917 (La.
App. 4 Cir. 2/6/02)
– Motion for Summary Judgment upheld on insurance coverage issue
Cooley v. K-Mart, 799 So.2d 765, 2001-00527 (La. App. 3 Cir. 10/31/01)
– Denial of Worker’s Comp benefits upheld
Driscoll v. Provenzano, 783 So.2d 552, 00-1156 (La.
App. 5 Cir. 3/28/01)
– Upheld jury verdict in premises liability case (landlord / tenant)
Cangiano v. Forte Hotels, 772 So.2d 879, 00-40 (La. App. 5 Cir. 10/31/00)
– Upheld directed verdict in invasion of privacy case involving a hotel
Johnson v. Lee, 760 So.2d 1273, 00-78 (La. App. 5 Cir. 5/30/00)
– Upheld directed verdict in security guard altercation case
Araujo v. Eitmann, 762 So.2d 223, 99-1377 (La. App. 5 Cir. 5/17/00)
– Motion for Summary Judgment upheld on insurance coverage issue in
sexual battery case
Jupiter v. Family Dollar Stores, 742 So.2d 1065, 99-414 (La.
App. 5 Cir. 9/28/99)
– Verdict upheld in premises liability case (falling ladder)
Brown v. K-Mart, 738 So.2d 697, 99-149 (La. App. 5 Cir. 6/1/99)
– Upheld denial of increase in worker’s comp benefits
Sapia v. Regency Motors, 276 F.3d 747 (5th Cir. 2002)
– Motion for Summary Judgment upheld in TILA /FCRA case
Shop-Rite v. Keating, 876 So.2d 966, 2003-1821 (La.
App. 1 Cir. 6/25/2004)
– Jury verdict in fire case upheld
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