Louisiana High Court: Insurer’s Duty To Defend Must Be Prorated By Time On The Risk

(September 20, 2016, 11:29 AM EDT) -- NEW ORLEANS — An insurer’s duty to defend must be prorated according to the effective years of its policies at issue and its time on the risk for underlying bodily injury claims by plaintiffs alleging hearing loss from exposure to loud noise while working in an insured’s sugar factory, the Louisiana Supreme Court said Sept. 7, reversing a trial court’s ruling that the insurer is liable to provide a complete defense for the claims that span a 60-year period (Daniel Arceneaux, et al., v. Amstar Corp.,...
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