CLM Publishes Article by Eccles & Varnado Following Louisiana Supreme Court Decision

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CLM Magazine, the flagship publication of the Claims and Litigation Management Alliance (CLM), published an article authored by Adams & Reese Partners Susan Eccles and Katelin Varnado. “Burden of Proof Falls on Plaintiff” discusses a significant decision by the Louisiana Supreme Court that that holds implications for insurers and their insured contractors and subcontractors, particularly concerning summary judgment procedures in Louisiana.

The Court’s ruling in Gregory Chank v. Starr Indemnity & Liability Insurance Company, et. al. underscores a plaintiff’s obligation to present concrete factual evidence to support his or her claims. The decision also highlights a defendant’s ability to succeed on a motion for summary judgment (and avoid trial) by pointing out the absence of such evidence. 

By clarifying the burden of proof lies with the plaintiff to demonstrate a genuine issue of material fact, this ruling can potentially discourage weak claims from proceeding to trial, thus reducing overall litigation expenses for insurers and their policyholder contractors and subcontractors.

The CLM, with more than 50,000 members and fellows, is the only national organization created to meet the needs of professionals in the claims and litigation management industries. CLM’s members and fellows include risk and litigation managers, insurance and claims professionals, corporate counsel, outside counsel, and third-party vendors.

Susan Eccles serves as the Partner in Charge of the Adams & Reese Baton Rouge office, while maintaining a diverse legal practice centered on construction, state and federal procurement/government contracts, commercial litigation, environmental exposure/restoration, and insurance defense matters of all types.

Katelin Varnado is a Partner in the Adams & Reese Baton Rouge office. She represents clients in all areas of construction, general liability, insurance defense, and commercial litigation. She also advises clients on government relations and regulatory matters.