Brown v. Simoneaux

4 Citing cases

  1. Leach v. Ameriquest Mortgage Services

    CIVIL ACTION NO: 06-1981, SECTION: "J" (3) (E.D. La. Oct. 2, 2007)   Cited 3 times
    Holding that "[p]laintiffs cannot assert a breach of fiduciary duty, because no fiduciary relationship was formed" by the mortgage agreement that authorized a lender to purchase flood insurance

    Further the terms of the mortgage contract clearly state that the onus is on the borrower to procure flood insurance. Under Louisiana law, one who signs a contract is presumed to know its terms. See Tweedel v. Brasseaux, 433 So. 2d 133, 138 (La. 1983); Brown v. Simoneaux, 593 So. 2d 939, 940-41 (La.App. 4 Cir. 1992); Johnson v. Orkin Exterminating Co., 746 F. Supp. 627, 632-33 (E.D. La. 1990). Plaintiffs could not have justifiably relied on a representation by the Defendant to procure insurance.

  2. Malta v. Herbert S. Hiller Corp.

    365 So. 3d 123 (La. Ct. App. 2020)

    Having signed off on all of Mr. Hebert's reports, Mr. Harvey is legally presumed to have read and understood its contents. See , e.g ., Brown v. Simoneaux , 593 So.2d 939, 941 (La. App. 4 Cir. 1992) ("[a]n individual who signs a written instrument is charged with the responsibility of having read it and is presumed to know and understand its contents"); Guimmo v. Albarado , 99-286, p. 7 (La. App. 5 Cir. 7/27/99), 739 So.2d 973, 976 ("when a party signs papers they are presumed to know the contents of those papers.").

  3. Hymel v. Eagle, Inc.

    No. 2008-CA-1287 (La. Ct. App. Mar. 19, 2009)

    The Louisiana Civil Code expressly provides that a transaction or compromise between two or more parties, who by mutual consent adjust their differences to prevent or resolve a lawsuit, carries force equal to the authority of adjudicated disputes. La.C.C. art. 3071; Brown v. Simoneaux, 593 So.2d 939 (La.App. 4 Cir. 1992). The subsequent discovery by a claimant that an injury was more serious than initially believed does not entitle the claimant to rescind the settlement and release agreement.

  4. Hymel v. Eagle, Inc.

    7 So. 3d 1249 (La. Ct. App. 2009)   Cited 19 times
    In Hymel v. Eagle, Inc., the plaintiff was diagnosed with asbestosis and later, executed a release in exchange for $15,000, in which the plaintiff agreed to "release and forever discharge the released parties from any and all liability on account of or in any way growing out of occupational diseases or conditions attributable to exposure to asbestos... including but not limited to death, mesothelioma, cancer, shortness of breath, fear of cancer or increased risk of cancer...."

    The Louisiana Civil Code expressly provides that a transaction or compromise between two or more parties, who by mutual consent adjust their differences to prevent or resolve a lawsuit, carries force equal to the authority of adjudicated disputes. La.C.C. art. 3071; Brown v. Simoneaux, 593 So.2d 939 (La.App. 4 Cir. 1992). The subsequent discovery by a claimant that an injury was more serious than initially believed does not entitle the claimant to rescind the settlement and release agreement.