Services For Insurance Issues

Legal Counsel for Insurance Litigation

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The Lausten Group, LLC regularly assists people and companies to effectively and efficiently manage claims and mitigate legal exposure. We provide guidance and cost-effective solutions regarding coverage, claims defense, bad faith actions, regulatory concerns, agency disputes, and matters related to litigation and appeal. Our considerable experience and skill in this area makes us the ideal legal partner for people who are insured, claims administrators, adjusters, insurers, insurance brokers, and various members of the insurance sector to achieve optimal resolutions in and out of court.

Founder Kristin M. Lausten is a highly-skilled litigator with years of practical experience on behalf of insurers. She is licensed to practice law in all state and federal courts in Arkansas and Louisiana, the United States Fifth Circuit Court of Appeals, and the United States Supreme Court. She has also been admitted to practice Pro Hac Vice in several states, including New Jersey and New York. Contact The Lausten Group, LLC at (504) 377-6585, or reach out online to discuss your legal needs.

We provide legal services for insurance matters:

  • Alternative dispute resolution
  • Bad faith litigation
  • General liability & negligence
  • Personal injury defense
  • Mass torts/multi-jurisdiction litigation

Leaders in Insurance Issues

Attorney Lausten is often recognized for her thoroughness, attention to detail, and aggressive advocacy. As such, she routinely handles insurance issues facing both plaintiffs and defendants. She has extensive experience working on both sides of these cases, giving her insight into how the other side will handle their case as well.

Whether it involves considering and filing declaratory judgment actions, establishing policy provisions and exclusions, negotiating and litigating the scope-of-coverage, or dealing with damage awards, we know the unique sensitivities required to manage the relationship between insurers and the insured. We provide early and accurate assessments, establish attainable goals, and firmly assert your interests. Our diligence gives insurance clients the opportunity to monitor every stage of the litigation process, and to make well-informed decisions.

Claims Counsel in Insurance Matters

The Lausten Group, LLC also practices in the area of insurance counsel. This includes routinely consulting on case evaluations and matters of law in state and federal courts. We represent clients dealing with insurance issues, including the following types of cases:

  • Product liability
  • Specialty risk liability
  • Premises liability claims for slip and falls, negligent maintenance, and property defects
  • Wrongful death actions
  • Personal injury claims for motor vehicle, heavy equipment, and truck accidents
  • Real estate and title insurance
  • Construction defects
  • Dog bites and animal attacks
  • Dram shop liability
  • Fire and property damage
  • Underinsured and uninsured motorist coverage
  • Libel and slander
  • Negligent misrepresentation
  • Tortious interference with contracts and/or prospective contracts
  • Alternative Dispute Resolution (ADR): mediation, arbitration, and negotiation

Alternative Dispute Resolution (ADR)

Alternative dispute resolution (ADR) can often serve as a more efficient, confidential, and cost-effective means of settling a dispute and potential claims. ADR can also allow for the parties involved to come up with a more flexible, collaborative, and creative solution outside of the courts.
Kristin M. Lausten has extensive experience in mediation and Alternative Dispute Resolution. Kristin helps clients optimize the outcome of their dispute while saving them the time, stress, and cost that can sometimes come with litigation.
Kristin can represent clients in accordance with the Rules of the American Arbitration Association in all matters of litigation that come before arbitration panels and arbitrators, as well as court-mandated mediations and pre-litigation matters. Kristin has served as a mediator in connection with commercial disputes, contract claims, and related legal matters. Kristin also represents clients throughout the ADR process. This not only includes arbitration and mediation, but also moderated settlement, conciliation, and early neutral evaluation.

ADR-Related Areas

As an accomplished attorney, Kristin M. Lausten is formally ADR-trained and has served as a mediator in conflicts ranging from minor two-party disputes to complex commercial matters. Kristin has also represented clients throughout the ADR process on claims ranging from several hundred thousand dollars to multi-million dollar complex corporate litigation matters. Some of these disputes have corporate financial issues, contracts and commercial agreements, construction claims, business torts, and other legal matters.
Important terms include:

  • Arbitration: involves the use of one or more neutral third parties to render a binding (or nonbinding) decision after the parties involved have presented their evidence;
  • Mediation: a neutral third party (mediator) assists the parties in arriving at their own agreement (usually non-binding). Parties retain control over the process;
  • Mini-trial: involves a hearing in front of a neutral third party with representatives of the parties who are authorized to enter into a settlement. Often utilized in commercial disputes;
  • Negotiation: attorneys assist the parties in resolving the dispute before trial;
  • Summary jury trial: jurors typically provide a non-binding decision in a private proceeding overseen by a judge. Following a non-binding decision, the parties involved can typically engage in mediation or negotiation.

Although these proceedings are designed to avoid the parties having to go to court, experienced attorneys still need to be involved in these processes so that the parties understand their legal rights and are provided with guidance when it comes to negotiating an agreement (whether that agreement is binding or nonbinding).

Insurance Coverage

Kristin M. Lausten has experience with primary, umbrella, and excess claims, as well as how commercial general liability and other insurance policies are interpreted under the law in Louisiana and surrounding states. Kristin’s clients have included insurers, reinsurers, insurance brokers, and various members of other business sectors. Kristin works hard to achieve resolutions for her clients both in and outside of the courtroom, not only through litigation but also through alternative dispute resolution and mediation.

Kristin has represented clients on various insurance coverage issues areas, such as:

  • Business risk exclusions and other limitations
  • Insurer’s right to recoup indemnity and defense costs
  • Trigger of coverage
  • Allocation of responsibility and disputes involving allocation, application of aggregate limits, and other insurance provisions
  • Insurer liability to successor entities of policyholder
  • Late notice
  • Known loss, expected and intended provisions
  • Application of conditions

This includes representing clients on insurance coverage, bad faith litigation, regulatory matters, agency disputes, reinsurance, corporate litigation, and related areas in trial and appellate courts, as well as alternative dispute resolution forums.

Representative Clients & Coverage

Kristin M. Lausten has represented clients in a broad array of first and third-party coverage disputes, which include property, completed operations, products, environmental, and more.

Insurance Defense

In addition to litigating coverage disputes, Kristin M. Lausten also practices in the area of insurance defense. This includes representing clients in the defense of bad faith litigation, regulatory matters, agency disputes, corporate litigation, and related areas in trial and appellate courts, as well as alternative dispute resolution forums.

Other types of Disputes and Claims Include:

  • Professional liability, including those involving engineers, architects, and other design professionals
  • Products liability, including those involving distributors, suppliers, retailers and manufacturers
  • Specialty risk liability, including commercial and comprehensive general liability
  • Breach of contract and other fee disputes
  • Slip-and-fall, trip-and-fall, ice and snow negligence, negligent ground-keeping, and other premises liability
  • Wrongful death
  • Motor vehicle accidents
  • Real estate and title insurance
  • Construction defects, including those involving owners, contractors, and subcontractors
  • Dog bites
  • Dram shop liability
  • Property damage
  • Fire
  • Life insurance coverage issues
  • Insurance coverage opinions
  • Umbrella and excess policies
  • Underinsured and uninsured motorist coverage
  • Libel and slander
  • Negligent misrepresentation
  • Tortious interference with contracts and/or prospective contracts
  • Enforcement of hold harmless and indemnification agreements
  • Alternative Dispute Resolution including mediation of pre-suit matters
  • Claims counsel oversight

What clients say about Kristin M. Lausten