hell, if you think you can summarize the discretionary function exception in a sentence or two, my hat's off to you.
Some things never change, do they? vbg
Reported decisions interpreting the Louisiana version of the defense bear my name, and some unreported federal cases do, too. I also just finished a summary of public entity liability law under Louisiana law at the request of a major insurer. So, yes, I fell quite qualified to briefly describe the federal version in a sentence or two, especially since the Louisiana version until 2003 looked to federal law for guidance in interpreting its reach. What I said is certainly sufficient for this forum full of laymen. I'm not about to discuss the fine distinctions of the case and statutory law without getting paid handsomely for doing so.
Knowing that litigation is a minefield and that results are definitely not preordained, I however realize all of this is preliminary. What I've said is simply my view of how things may play out. You might want to keep this post and see how right or how wrong I will be.
But the real sexy stuff from a legal standpoint is how anti-concurrent causation clauses in homeowner's and business property loss policies will be interpreted, especially as they relate to business interruption claims. I don't yet know whether I'll land on the plaintiffs' or the carriers' side on this hugely important issue, though the plaintiffs will certainly be the more sympathetic figures. The public policy issues definitely do not favor the carriers, though the carriers will argue quite potently IMO that the various state insurance regulators approved of the clauses. It will therefore be critical to get the lead case on the issue before the right judge.
Ever hear of these clauses before? Am I being too brief? vbg |
