Whether or not an insurer has a duty to defend its insured is determined by the allegations of the injured plaintiff’s petition. The insurer is obligated to furnish a defense to its insured unless the allegations of the plaintiff’s petition unambiguously exclude coverage to the insured under the applicable insurance policy. This is known as the “eight corners rule,” whereby an insurer must look to the four corners of the plaintiff’s petition and the four corners of its policy to determine whether it has a duty to defend. Lodwick L.L.C. v Chevron U.S.A. Inc., Second Circuit, No. 48,312-CA (10/2/13).
Plauché, Smith & Nieset is engaged in the insurance defense practice, concentrating on insurance defense litigation and business litigation in Calcasieu Parish, Cameron Parish, Jefferson Davis Parish, Allen Parish, and Beauregard Parish. Plauché, Smith & Nieset also engages in the insurance defense practice throughout the state of Louisiana.