Huey Gonzales, Ralph G. Gonzales, Kathy Gonzales and Thomas Gonzales v. James Gonzales and Progressive Insurance Company, Inc.

Louisiana attorneys obtain appellate decision affirming trial court judgment finding multiple plaintiffs filed fraudulent personal injury claims against national insurer


In a case involving an alleged boat accident on the Mississippi River Gulf Outlet, the Louisiana 4th Circuit Court of Appeals recently affirmed a trial court judgment dismissing multiple plaintiffs' claims against a national insurer and finding that the plaintiffs committed insurance fraud. During the preceding two-week trial, the plaintiffs unsuccessfully claimed that the alleged boat accident caused $500,000 in personal injuries. The appellate court also affirmed the judgment ordering the plaintiffs to return medical expense payments to the insurer. In addition, the appellate court found that the insurer's reconventional demand and cross-claim alleging insurance fraud were timely under the doctrine of contra non valentum, even though the fraud claims were filed two years after the accident and a several months into the litigation. A month after the 4th Circuit decision, the Louisiana Supreme Court denied the plaintiffs' application for a supervisory writ.

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Reference Info:Appellate Brief | Federal, 4th Circuit | United States

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