Legal Opinion

Arceneaux v. Amstar Corp.

Supreme Court of Louisiana

Decided July 1, 2011No. 2010-C-2329PublishedCited by 64 opinions

1Opinion of the CourtVictory, J.

We granted a writ application in this insurance case primarily to determine whether the lower courts erred in holding that the insurer waived its right to enforce its policy, defenses because it breached its duty to defend. After reviewing the record and the applicable law, we find that the lower courts erred in holding the insurer liable for 100% of the claims asserted by the insured. In spite of breaching its defense duty, the insurer was entitled to rely on its policy defenses in limiting its indemnity obligation. Therefore, we reverse the judgment of the court of appeal on that issue and…

2Cases cited17 opinions

  1. Samaha v. RauSupreme Court of Louisiana · 2008
  2. American Home Assurance Company v. CzarnieckiSupreme Court of Louisiana · 1969
  3. Steptore v. Masco Const. Co., Inc.Supreme Court of Louisiana · 1994
  4. Meloy v. Conoco, Inc.Supreme Court of Louisiana · 1987
  5. Sher v. Lafayette Ins. Co.Supreme Court of Louisiana · 2008

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3Cited by64 opinions

  1. Daniel Arceneaux, Louis Daverede, Jr., Vives Lemmon and Jules Menesses v. Amstar Corp., Amstar Sugar Corp., Tate and Lyle North American Sugars, Inc., and Domino Sugar CompanySupreme Court of Louisiana · 2016
  2. Crosstex Energy Servs., LP v. Tex. Brine Co.Louisiana Court of Appeal · 2017
  3. Fie, LLC v. New Jax Condo Ass'n, Inc.Louisiana Court of Appeal · 2018
  4. Tim Sosebee v. Steadfast Insurance CompanyCourt of Appeals for the Fifth Circuit · 2012
  5. Breaux v. Cozy Cottages, LLCLouisiana Court of Appeal · 2014

59 more not listed; retrieve them via the Exa API.

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