Are You Covered?
- In a review of our most recent Appellate Court Summary, Anitta Valdez, Cochrane & Company and Kim Krogh, Fidelity Insurance offer this assessment:
How would an insurance policy respond to this lawsuit?
In reviewing the entire case, it appears that the Fuselier Bonding Service, Inc filed suit against Carlos Jason Perez sometime in 2004/2005 stating failure to pay for recovery fee's owed under contracts Bail Bond Indemnitor's Promises, Conditions of Bond, Fuselier Bonding Services and Bail Bond Agreement, Indemnity Agreement and Contract of Guaranty. In turn Carols Perez counter sued stating no obligation due to Louisiana State Law.
At the time of presentation of the counter suit (had Fuselier Bonding Service, Inc purchased a General Liability Policy and an Errors & Omissions Policy), both the General Liability Insurance Company and the Error's & Omissions Insurance Company would have been put on notice. Both company's would have looked to respond.
Because this case has to do with a disagreement between the Bonding Company (Fuselier) and the Indemnitor (Carlos Perez) as to the terms of the various contracts and no damages were filed due to mental duress, bodily injury or property damange, the Errors & Omission policy would be in a position to respond. The trigger of an Error & Omission policy would fall under the "Breach of Indemnity Agreement". Should coverage be present, the duty to defend would have been activated and the Insurance Company would have represented Fuselier in both the Original Case (Counter Suit) and the Appeal. Taking into consideration that the lawsuits started potentially sometime between 2004 and 2005 and finalized in 2011 (Appellate) both sides carried the legal fees of attorney's for approximately 6 years.
Although this case would not have fallen under our GL policy, it could have easily done so if Mr. Perez would have counter sued for Mental Duress which many suits can and do turn that way. More info.