Legal Opinion

Hyatt v. Mutual of Omaha Ins. Co.

Louisiana Court of Appeal

Decided October 1, 2014No. CA 14-282PublishedCited by 7 opinions

1Opinion of the Court

EZELL, Judge.

11 This appeal involves the reformation of a disability benefits insurance policy issued by Mutual of Omaha Insurance Company *409(Mutual) to Daniel Hyatt. The trial court found the policy language was ambiguous and reformed the policy to allow Mr. Hyatt to receive full recovery of benefits. The trial court also awarded penalties and attorney fees. The trial court refused to allow a reduction in benefits based upon Mr. Hyatt’s receipt of social security benefits. However, the trial court granted Mutual’s motion for remittitur based on the settlement by its agent Larry Perron with Mr.…

2Cases cited18 opinions

  1. Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
  2. Borden-Aicklen Auto Supply Co. v. Folse Service StationLouisiana Court of Appeal · 1927
  3. Smith v. StateMississippi Supreme Court · 1998
  4. Sher v. Lafayette Ins. Co.Supreme Court of Louisiana · 2008
  5. Peterson v. SchimekSupreme Court of Louisiana · 1999

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

3Cited by7 opinions

  1. Biglane v. Bd. of CommissionersLouisiana Court of Appeal · 2018
  2. Brockman v. Monet Acres Ltd. Partnership ILouisiana Court of Appeal · 2015
  3. Chauvin v. Symetra Life Insurance CompanyDistrict Court, E.D. Louisiana · 2019
  4. Fireman's Fund Insurance Company, as Subrogee of Wiley Verstappen and Everest National Insurance Company, as Subrogee of 714 Girod Condo Association v. R.S. Homes, LLC and Gene Morrison D/B/A Southern FlooringLouisiana Court of Appeal · 2020
  5. James M. Biglane and Charlotte Biglane Nobile v. Board of Commissioners Fifth Louisiana Levee DistrictLouisiana Court of Appeal · 2018

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API