Insurer Loses Summary Judgment Appeal After Failing to Shoulder Burden of Proof

NEW ORLEANS - An insurer failed to carry its burden of proof in showing that a union insulator was not exposed to its insured's product and is therefore not entitled to summary judgment for negligence claims filed against the company, a Louisiana appeals court has held. Coates v. ANCO Insulations, Inc., No. 2000-CA-1331 (La. Ct. App., 4th Cir.).

The Fourth Circuit Louisiana Court of Appeal ruled recently that as a movant, Maryland Casualty Co. was required to shoulder the initial burden of proving that its insured's products were not on job sites during the plaintiff's course of employment or while …