Gulf Coast Workforce, LLC et al v. Zurich American Insurance Company of Illinois

Filing 99

ORDER and REASONS granting 74 Motion in Limine to Exclude Evidence of Claims Handling and of Alleged Damages, as stated within document. Signed by Chief Judge Kurt D. Engelhardt on 10/20/16. (NEF: MAG-4) (cbs) Modified on 10/20/2016 to edit document type (cbs).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GULF COAST WORKFORCE, LLC, et al.

CIVIL ACTION

VERSUS

NO. 15-5342

ZURICH AMERICAN INSURANCE
COMPANY OF ILLINOIS

SECTION “N” (4)

ORDER AND REASONS
Presently before the Court is the "Motion in Limine to Exclude Evidence of Claims
Handling and of Alleged Damages" (Rec. Doc. 74) that was filed by Zurich American Insurance
Company of Illinois ("Zurich"). Zurich's motion asserts that Gulf Coast Workforce, LLC ("Gulf
Coast") "should be prohibited from introducing any evidence of damages it allegedly suffered as a
means to lessen Zurich's recovery in the counter-claim" and seeks an order "excluding from trial any
testimony or other evidence that Zurich failed to properly adjust the workers compensation claim
of Brandon Shackelford or that Gulf Coast Workforce suffered damages."1 In response, Gulf Coast
contends: "Evidence of Zurich’s handling of the Brandon Shackelford claim and potential fraud by
Mr. Shackelford is relevant to Zurich’s suit for premiums because in order for Zurich to recover, it
must show its own faithful performance under the terms of the policy."2
On the instant showing made, IT IS ORDERED that Zurich's motion is GRANTED.
Gulf Coast has not pointed the Court to any provision of the Zurich policy making the amount of

1

See Rec. Doc. 74 at 1-2.

2

See Rec. Doc. 90 at 1.

Gulf Coast's premium obligation contingent on Zurich's having adjusted workers compensation
claims in a particular way – either prior to or during the course of paying out benefits – or even
prior to settlement. And, given the Court's dismissal of Gulf Coast's main claim (for damages), there
is no award of damages for Gulf Coast to "set off" against any additional premium amount found
to be owed to Zurich.
New Orleans, Louisiana, this 20th day of October 2016.

KURT D. ENGELHARDT
United States District Judge
Clerk to Copy:
U.S. Magistrate Judge Roby

2