First American Title Ins. Co. v. Continental Casualty Co., No. 12-30336 (5th Cir. 2013)
Annotate this CaseFirst American appealed the district court's grant of CNA's motion for summary judgment. First American challenged the district court's conclusion that a claims-made-and-reported policy's requirement that conditioned coverage on CNA's receiving of a written report of a claim within the policy's effective period was enforceable in a Direct Action case under La. Rev. Stat. Ann. 22:1269(B)(1). The policy at issue was a Lawyers Professional Liability Policy. The court concluded, in light of its precedent and the Louisiana Supreme Court's holdings in Anderson v. Ichinose and Hood v. Cotter, that the Direct Action Statute did not trump the reporting provision in CNA's claims-made-and-reported policy's insuring clause, which required that a claim be reported to CNA within the Policy's effective period. Therefore, the court affirmed the district court's summary judgment in CNA's favor.
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