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13 Louisiana opinions name it 2 courts 1985–2016 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ashley Enterprises, Inc. v. Esplanade Plaza Co.green2 sentences2001Bourgeois, 691 So.2d at 707 , citing, Ashley Enterprises, Inc. v. Esplanade Plaza Co., 425 So.2d 1010, 1014 (La.App. 5th Cir.1983), writ denied, 432 So.2d 270 (La.1983). 1997Ashley Enterprises, Inc. v. Esplanade Plaza Co., 425 So.2d 1010, 1014 (La.App. 5th Cir.), writ denied, 432 So.2d 270 (La.1983). | 2 | 2 |
BD. OF COM'RS OF PORT OF NEW ORLEANS v. Guidrygreen1 sentence2004See, Board of Comm'rs of the Port of New Orleans v. M/V Rachael Guidry, 425 F.Supp. 661 (E.D.La.1977) (recognizing that where an insurer has no independent duty to defend, and the policy specifically provides for the deduction of costs, fees, and expenses, the insurer may deduct the costs of defense from its policy limits). | 1 | 1 |
Dugas Pest Cont. v. Mut. Fire, Etc., Ins. Co.green1 sentence2002Reliance further contends that the Port is not entitled to select its own counsel as an insurer may discharge its duty to defend by appointing counsel of its *1022 own choosing, citing Dugas Pest Control of Baton Rouge, Inc. v. Mutual Fire, Marine and Inland Insurance Company, 504 So.2d 1051, 1054 (La.App. 1st Cir.1987) and Vargas v. Daniell Battery Mfg. | 1 | 1 |
Patterson v. Conoco, Inc.green1 sentence1988See Patterson v. Conoco, Inc., 670 F.Supp. 182 (W.D.La.1987). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Webb v. Shell Offshore Inc.
neutral
2 sentences2016In Webb v. Shell Offshore Inc., 557 So.2d 276 (La.App. 4th Cir.1990), this court, citing the Meloy case, stated that “a cause of action for indemnification for cost of defense does not arise until the lawsuit is concluded and defense costs are paid.” 557 So.2d at 278 , We further stated that “Shell must assert its action for defense costs after the termination of the instant suit and may only recover if it is free of negligence or fault.” Id. 2016In Webb v. Shell Offshore Inc., 557 So.2d 276 (La.App. 4th Cir.1990), this court, citing the Meloy case, stated that “a cause of action for indemnification for cost of defense does not arise until the lawsuit is concluded and defense costs are paid.” 557 So.2d at 278 , We further stated that “Shell must assert its action for defense costs after the termination of the instant suit and may only recover if it is free of negligence or fault.” Id. | 2 | 2004–2016 |
Ashley Enterprises, Inc. v. Esplanade Plaza Co.
green
2 sentences2001Bourgeois, 691 So.2d at 707 , citing, Ashley Enterprises, Inc. v. Esplanade Plaza Co., 425 So.2d 1010, 1014 (La.App. 5th Cir.1983), writ denied, 432 So.2d 270 (La.1983). 1997Ashley Enterprises, Inc. v. Esplanade Plaza Co., 425 So.2d 1010, 1014 (La.App. 5th Cir.), writ denied, 432 So.2d 270 (La.1983). | 2 | 1997–2001 |
Curtis v. Curtis
green
1 sentence2016In Curtis v. Curtis, 28,698 (La.App. 2 Cir. 9/25/96), 680 So.2d 1327 , the trial court awarded attorney fees and the Second Circuit affirmed the award of attorney fees based on indemnification language contained in a community partition agreement. | 1 | 2016–2016 |
Bourgeois v. Heritage Manor of Houma
green
1 sentence2016Bourgeois v. Heritage Manor of Houma, 96-0135 (La.App. 1st Cir.2/14/97), 691 So.2d 703, 707 . | 1 | 2016–2016 |
State v. Heath
green
2 sentences2014This court noted in fn. 6, at 513 So.2d at 503 , “We gather from discussions in the record that the state presented documentation to support the costs claim, but that documentation was not attached to the record. 2014Apparently, the trial judge only allowed costs attendant to the trial itself, as 17opposed to those arising from the investigation of the case.” The court, in State v. Heath, supra, however, did not designate the party who incurred the expense. | 1 | 2014–2014 |
Leenerts Farms, Inc. v. Rogers
green
1 sentence2009See RPC 1.5; Leenerts Farms, Inc.,[ v. Rogers, 82-0070 (La.10/18/82)] 421 So.2d 216 , and Chittenden[ v. State Farm Mut. | 1 | 2009–2009 |
Cannon v. Pennzoil Co.
green
2 sentences1995App. 1st Cir.1985) (contractor indemnified and agreed to protect, hold and save indemnitee harmless from and against all claims, demands and causes of action including the cost of defense thereof); Cannon v. Pennzoil Company, 520 So.2d 941 (La.App. 3rd Cir. 1987) (contractor agreed to indemnify, defend, protect, and hold harmless the indemnitee from any and all claims and costs including the costs of defense); Wilson V.J. 1995App. 1st Cir.1985) (contractor indemnified and agreed to protect, hold and save indemnitee harmless from and against all claims, demands and causes of action including the cost of defense thereof); Cannon v. Pennzoil Company, 520 So.2d 941 (La.App. 3rd Cir. 1987) (contractor agreed to indemnify, defend, protect, and hold harmless the indemnitee from any and all claims and costs including the costs of defense); Wilson V.J. | 1 | 1995–1995 |
Wilson v. J. Ray McDermott & Co., Inc.
green
1 sentence1995Ray McDermott & Company, Inc., 616 F.Supp. 1301 (E.D.La.1985) (identical provision as presently before the court). [5] Because the agreement provides for indemnification of defense expenses which we find to include attorney's fees, the district court erred in dismissing McDermott's third party demand. | 1 | 1995–1995 |
Lirette v. Union Texas Petroleum Corp.
green
1 sentence1995Several cases inferentially include attorney's fees as part of the costs of defense, and we see no reason to distinguish "expense of defenses" from "costs of defense." See Lirette v. Union Texas Petroleum Corporation, 467 So.2d 29 (La. | 1 | 1995–1995 |
Cousins v. State Farm Mutual Automobile Ins. Co.
green
1 sentence1988The court held that "the excess insurer had an interest in defending this suit for its own protection, since the claim was for more than the limits of the primary insurance policy." Cousins v. State Farm Mutual Automobile Insurance Co., 294 So.2d 272 (La.App. 1st Cir.1974) was an action brought by the defendant-insured against his insurer only, filed after the insurer refused to settle within the policy limits and an excess judgment had been rendered. | 1 | 1988–1988 |
Fusilier v. Dixie Automobile Insurance Co.
neutral
1 sentence1988In Fusilier v. Dixie Automobile Insurance Co., 238 So.2d 223 (La.App. 3d Cir. 1970), the excess carrier brought a claim against the primary for costs of defense to the defendant. | 1 | 1988–1988 |
Home Insurance v. Garber Industries, Inc.
green
1 sentence1985Amoco cites Home Insurance Company v. Garber Industries, Inc., supra, as authority for its position. | 1 | 1985–1985 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.