Concepcion v. Underwriters At Lloyds London
2:23-cv-05066
E.D. La.May 22, 2025Background
- Plaintiff Yolanda Concepcion owned property in New Orleans allegedly damaged by Hurricane Ida in August 2021.
- At the time, her property was insured by Certain Underwriters at Lloyd’s of London ("Certain Underwriters").
- Concepcion filed a lawsuit alleging breach of contract and bad-faith denial of her insurance claim after Certain Underwriters denied additional coverage.
- Certain Underwriters moved for partial summary judgment, seeking dismissal of the bad-faith claim, arguing there was no evidence of arbitrary or capricious conduct.
- Concepcion, represented by counsel, did not oppose the motion or submit evidence of bad faith.
- The court granted summary judgment, dismissing the bad-faith claim with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Insurer bad-faith in claim denial | Insurer acted in bad faith by denial | Adjusted claim timely, paid undisputed amounts, denial based on expert, no evidence of arbitrary or capricious conduct | For Defendant: No evidence of bad faith |
| Summary judgment on bad-faith claim | N/A (no opposition filed) | Plaintiff failed to submit evidence supporting bad-faith; genuine dispute existed over claim’s validity | Motion granted, claim dismissed |
| Burden of proof | N/A | Plaintiff must show insurer’s conduct was arbitrary, capricious, or without probable cause | Plaintiff failed to meet burden |
| Statutory basis for penalties | N/A | Insurer contends statutory requirements for penalties and fees were not met (timely payment, genuine dispute existed) | No statutory penalties warranted |
Key Cases Cited
- Calogero v. Safeway Ins. Co., 753 So. 2d 170 (La. 2000) (interprets standards for insurer bad faith under Louisiana law)
- La. Bag Co. v. Audubon Indem. Co., 999 So. 2d 1104 (La. 2008) (defines vexatiousness and insurer's duty to pay undisputed claims)
- Guillory v. Lee, 16 So. 3d 1104 (La. 2009) (plaintiff bears burden to prove insurer’s arbitrary and capricious conduct)
- Brown v. State Farm Mut. Auto. Ins. Co., 93 So. 3d 697 (La. App. 2012) (summary judgment proper where insurer reasonably disputes claim)
- Jones v. Gov’t Emps. Ins. Co., 220 So. 3d 915 (La. App. 2017) (reasonable dispute by insurer defeats bad-faith claim)