It is axiomatic that when an insurer tries to take advantage of an insurance policy, the plaintiff must prove the existence of an insurance policy by proving a copy of the insurance policy itself or the equivalent. Failure to do so makes it impossible to judge an insurer. Chad East and Crystal East v. John J. Capdevielle et al 18444, State of Louisiana Court of Appeal, Third Circuit Board (March 7, 2019) East received a standard rating against an insurer by merely proving insurance certificate.
The question submitted to the court was whether the evidence, an insurance certificate was filed by the plaintiff against an insurance carrier to confirm a standard assessment was sufficient to establish a prima facie presentation of liability insurance.
In this violation of the contract case Appellees, Chad and Crystal East ("Easts"), Ohio Security Insurance Company ("OSIC"), alleged to have issued a general public policy to its architect and RLI Insurance Company, , who have allegedly issued a professional liability policy to their architect and his firm. OSIC did not submit difficult posts.
The East received a preliminary standard against the OSIC. To confirm the standard, the East provided proof of insurance rather than the OSIC policy to support a prima facie liability insurance. OSIC appealed.
DISCUSSION OF THE MERITS
In its only error assessment, the OSIC argues that the trial wrongly confirmed the standard judgment because the East did not establish its prima facie case for insurance cover because they did not provide the OSIC policy for evidence at the hearing.
An appeal court examines standard assessments according to the obvious error of the review. In examining this examination, the Court of Appeal is limited to determining whether the evidence offered in support of the judgment is sufficient.
A preliminary ruling must be confirmed with evidence of the demand sufficient to achieve a case and it is permissible on the record before a final judgment is settled. When a request is based on a delictual obligation [a legal obligation arising between people independent of any contractual or other legal relationship between them]the applicant's testimony with confirmatory evidence, which may be of explanations and exhibits attached thereto, may include facts sufficient to determine a case, prima facie case, self-authentication and sufficient evidence of such demand.
A defendant is usually required to provide a reply within fifteen (1
A defendant against whom a court order has been confirmed cannot claim an affirmative defense in appeal
When an obligation is based on a letter, prima facie requires proof of the obligation to impose the letter of proof.
The fact that the operational insurance policy is not provided with evidence prevents a plaintiff from establishing a prima faci oh case of cover and constitutes a hindrance to the filing of a pre-emptive right against an insurer. The Louisiana Authority requires that the Operational Insurance Policy be an essential feature of a case owner's prima facie case to confirm a standard assessment against an insurance company.
Here, the East devastates the burden of proving the coverage under the OSIC case law. Louisiana law requires the plaintiff to prove his claim to the satisfaction of the court and imposes on the plaintiff the obligation to determine each and every thing essential for recovery and to establish that the claim falls within the scope of insurance.
It is important that at the hearing, Easts provided only evidence of insurance, rather than the OSIC policy. Insurance Certificate (POI) is generally some type of documentation that a person can give to another person indicating that the person has a valid insurance policy with an insurance company. The most common form of a POI is a paper card provided by the insurance company that notes policy information and effective dates. The OSIC claims that the evidence provided by the East does not describe the political conditions or prove any link between facts and insurance cover. The OSIC argued that the "insurance statement" was insufficient evidence to support a standard coverage coverage.
Contrary to OSIC's assertion, Easts claims that an insurance is not necessary to be introduced as evidence that the court should properly confirm a standard judgment.
In the case of the appeals, the record does not reflect the fact that the OSIC policy was provided as evidence, which is required to support a prima facie display of liability insurance. In addition, the standard entry contains none of the unique facts found in other cases. Instead, the record contains only a single insurance certificate, which in itself warns that it "CONFIRMS NO RIGHTS ON THE CERTIFICATE", and that it is governed by "Terms, exceptions and conditions of such policies".
The rule in Louisiana means that in default claims, the insurance policy must be included in the submission of evidence to support a prima facie showing liability insurance.
In view of the above, it was inappropriate for the trial court to have confirmed a standard assessment against the OSIC.
The court of court's confirmation of default against OSIC was reversed the verdict.
This is a policyholder's dream lawyer. The insurer failed to respond to the costume and was thus held to have admitted all the charges for the suit due to his neglect. The insurer was rescued by the incompetence of the plaintiff's lawyer who made a dream fall to a nightmare by not proving the case by not providing proof of the policy and using a certificate stated on the face that it was not evidence and giving no right to the holder of the certificate.
© 2019 – Barry Zalma
This article and all the blog posts on this site, melt and summarize issues published by the courts of the various states and the United States. The court decisions have been modified from the actual language of the court decisions, condensed to facilitate reading and convey the author's views in each individual case.
Barry Zalma, Esq., CFE, now restricts his practice of service as an insurance consultant specializing in insurance coverage, insurance management, bad faith assurance, and insurance fraud nearly equal for insurers and policyholders. He also serves as an arbitrator or mediator for insurance-related disputes. He practiced law in California for more than 44 years as an insurance cover and law firm and more than 50 years in the insurance industry. He is available at http://www.zalma.com and email@example.com.
Mr. Zalma is the first recipient of the first annual liability magazine / ACE Legend Award.
Over the past 51 years, Barry Zalma has put his life on insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to enable insurers and their claims to become insurance managers.
Easter is one of the many holidays that Jews celebrate to help them remember G_d's importance in their lives. We see the animals, the oceans, the rivers, mountains, the rain, the sun, the planets, the stars and the people and wondering how all those wonderful things came into being?
All Jewish fathers must teach their children, at least once a year at the Easter weekend, about the exodus from slavery in Egypt. For American Jews who have difficulty understanding Hebrew and complicated books describing Exodus, my wife and I wrote this book to use for our own Seder where every family member reads a portion of the book.
Available as a Kindle book or a paperback here.