5th Circuit Court of Appeals News

Texas Health System Loses COVID-19 Business Interruption Suit – 5th Circuit

A Texas nonprofit health system who purchased a specialized commercial property insurance policy is not covered for business interruption losses caused by COVID-19, a 5th Circuit Court of Appeals panel ruled, relying on existing precedent that COVID-19 does not physically …

5th Circuit: Louisiana Law Voids Arbitration Clause in Surplus Lines Policies

A panel of the 5th Circuit Court of Appeals ruled this week that a Louisiana statute voids the formation of an arbitration clause in a surplus lines insurance contract. In its opinion, the appellate court reasoned that the general principles …

5th Circuit: Chubb Must Cover SXSW in Suit Over Cancelled 2020 Festival

The 5th Circuit Court of Appeals ruled last week that Chubb must cover restitution claims paid to ticket holders of the 2020 South by Southwest film festival cancelled due to COVID-19. A three-judge panel reversed a summary judgment in favor …

5th Circuit Reverses Class Certification in Lawsuit Alleging State Farm Undervalued Total-Loss Claims

A federal appellate court reversed a trial court’s decision to certify a class of plaintiffs in a lawsuit that alleged State Farm Mutual Automobile Insurance Co. undervalued total-loss claims by Louisiana claimants. A panel of the 5th Circuit Court of …

5th Circuit Largely Sides With Louisiana Sheriff`s Deputies Accused in Lawsuit of Using Excessive Force

NEW ORLEANS (AP) – A federal appeals court has largely sided with two white Louisiana sheriff`s deputies in a lawsuit filed by a Black woman, rejecting her claims that they used excessive force against her as they investigated an allegation …

5th Circuit Court of Appeals Clarifies Standard of Evidence for Negligence Award Against River Boat Pilots in Mississippi River Collision Case

As maritime accidents go, the collision between the M/V Strandja and the M/V Kieffer E. Bailey on the Mississippi River was hardly a catastrophe. A jury determined that damages amounted to only $114,000. But the accident did provide an opportunity …

5th Circuit Seeks Clarification from Louisiana Supreme Court on Application of Anti-Indemnity Act to Salt Mine

A federal appellate court is asking the Louisiana Supreme Court whether a law that was passed to protect oilfield contractors from demands by big oil companies that they be indemnified for their own mistakes also applies to contractors who work …

5th Circuit Asks Texas Supreme Ct. if Attorney Fees Owed After Insurer Pays Appraisal Award

A federal appellate court, grappling with conflicting decisions from federal courts, is asking the Texas Supreme Court to decide whether attorney fees can be awarded to claimants when insurers pay appraisal awards plus interest owed because of the late payment. …

5th Circuit Clears Texas Class-Action Suit Against GEICO

GEICO must defend itself against a class-action lawsuit that alleges it failed to include the cost of sales taxes and purchasing fees when it paid total loss auto collision claims in Texas, depriving policyholders of actual cash value. A panel …

5th Circuit Rejects La. Restaurant’s COVID-19 Business-Interruption Claim

The 5th Circuit Court of Appeals ruled Monday against a New Orleans restaurant’s claim for business interruption losses after the restaurant could not prove direct and sole cause by an accidental contamination of food during the early days of the …