Louisiana Supreme Court Ruling A Sweet One For Insurer

Law360, New York (October 24, 2016, 7:13 PM EDT) -- The Louisiana Supreme Court recently decided, in Arceneaux et al. v. Amstar Corp. et. al, 2015-0588 (La. 9/7/16, 1), that in long latency disease cases, an insurer's payments of defense costs may be prorated when the insurer's occurrence-based policy was effective only during part of the plaintiffs' exposure years.

Plaintiffs in Arceneaux alleged hearing loss from occupational noise exposures at American Sugar Refining, Inc.'s ("American Sugar") facility in Arabi, Louisiana. Id. at 1-2. The approximately one hundred plaintiffs' exposures occurred between 1941–2006. Id. at 2. Continental Casualty Company ("Continental") issued eight general liability policies to American Sugar, effective from March 1,...

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