Case Studies

Sometimes Your Insurer Does Not Have You Covered

Personal Injury

When life throws a curve ball, you need good legal representation to get things back on track.

Even Careful Planning Cannot Prevent the Unexpected

A brother and sister came to Pivach after their father was tragically killed in an automobile accident caused by a drunk driver.  While having to cope with the unexpected loss of their father, the siblings were also battling their father’s insurance company, which denied coverage for the claim based on an “exclusion” in the policy.

Insurance Coverage Is Not Guaranteed And Often Requires Legal Help

Our attorneys filed suit against the insurance company attacking the exclusion as being ambiguous and therefore invalid. Although the district court ruled in favor of the insurance company, our attorneys appealed the issue to the Third Circuit Court of Appeal, which reversed the district court’s ruling, and held that our clients’ damages were covered under the insurance policy.  The insurance company then appealed the matter to the Louisiana Supreme Court, who affirmed the appellate decision, ultimately deciding that our clients were indeed entitled to coverage under their father’s insurance policy.  In the end, our attorneys were able to make sure that the father’s surviving family was cared for as he planned, securing over a million dollars in damages for the children. 

Let Us Focus on Your Recovery, So You Can Focus on You

Sometimes, even when you believe you are prepared, things do not go as planned in the event of a personal injury or death.  Having an insurance policy in place does not mean that you are automatically covered under that policy should something unexpected occur.  It is difficult enough to deal with a debilitating injury or a death in the family without having matters further complicated by an insurer who refuses to fully cover your claim.  If you or your loved one has suffered a similar injury or tragedy, contact an attorney with Pivach to review your claim and help with your recovery.