Jerry Melchiode joined the firm in 1993 and became a director in 2000, working in the New Orleans office. His trial and litigation practice focuses on insurance and construction law. His unique experience representing surplus lines insurers has resulted in a number of reported court decisions on key issues affecting the surplus market. He is also a frequent lecturer on insurance law and litigation in general. His construction law experience includes representation of owners, contractors and design professionals in all aspects of construction, both public and private, from bidding, contract drafting and claims resolution to construction defect litigation. His practice ranges from residential construction to heavy commercial and large public works such as roadways, flood gates and pump stations.

He is licensed to practice before the United States Court of Federal Claims, where he primarily represents contractors in claims with the United States Army Corps of Engineers. He represented one of the contractors involved in the Hurricane Katrina levee failure litigation, the largest class action in history. He has also litigated and arbitrated a variety of construction defect claims, including complex construction claims with the American Arbitration Association. He has experience with roof failures, soil subsidence and foundation failure, plumbing and HVAC problems, electrical system failures and delay claims. He is an active member of the Associated Builders and Contractors and the Federation of Defense and Corporate Counsel, lecturing on insurance and construction issues for both organizations. He has an AV rating with Martindale Hubbell which is a peer review signifying a lawyer who has achieved preeminent skills with the highest ethics.

Publications:

"Unusual Forms in the Surplus Lines Insurance Industry," 58 FED'N DEF. & CORP.COUNS. Q. 61 (2007).

Lectures:

"Delay Claims - Proof & Presentation", Louisiana's New Anti-Indemnity Act, Bayou Industrial Alliance - "Associated Builders & Contractors", New Orleans/Bayou Chapter, September 2012, New Orleans, Louisiana.

"Jurisdictional Issues of the Foreign Manufacturer: Construction Defect/Chinese Drywall", Federation of Defense and Corporate Counsel ("FDCC"), March 2011, Palm Springs, California.

"Louisiana's New Anti-Indemnity Act", Bayou Industrial Alliance - Associated Builders & Contractors, New Orleans/Bayou Chapter; February 2011 New Orleans, Louisiana.

"Fraud and Abuse in the Insurance Industry," presented to CNA Insurance Companies, September 2009, New York, New York.

"Negotiations for Attorneys," presented to CNA Insurance Companies, June 2009, Brea, California.

"Electronic Discovery; A Primer," presented to CNA Insurance Companies, February 2009, Chicago Illinois.

"Construction Contract Negotiations: Indemnity and Insurance Requirements," presented to the Associated Builders and Contractors, January 2009, New Orleans, Louisiana.

"Unusual Forms in the Surplus Lines Insurance Industry," FDCC 2007 Winter Meeting, Scottsdale, Arizona.

"Managing Complex Construction Law Issues," presented for the NBI continuing education program, January 2007, New Orleans, Louisiana.

"Hurricane Katrina and the Failure of the New Orleans Levee System," FDCC 2006 Winter Meeting, Las Vegas, Nevada.

"Last Chance Seminar for Design Professionals," presented for Victor O'Schinnerer, CNA Insurance Companies, continuing education program, December 2003, New Orleans, Louisiana.

Reported Decisions:

Insurance Coverage

Williams v. Andrus, 2011-239 (La. App. 3 Cir. 10/5/11); 74 So.3d 818; assault and battery exclusion.

Ryan v. State Farm Mut. Auto. Ins. Co., 2010-0961 ( La.App. 1 Cir. 12/22/10); 68 So.3d 563; writ denied, (La. 4/1/11); worker's compensation penalties/ high/low agreements.

Piligra v. America's Best Value Inn; 2010-254 (La.App. 3 Cir. 10/6/10); 49 So.3d 479, assault and battery exclusion, and the enforceability of unsigned endorsements.

McNamara v. Augustino Bros., Inc., 2008-1522 (La.App. 4 Cir. 5/13/09); 13 So.3d 736; criminal acts exclusion.

Everett v. Philibert, Bel Oak Builders, Inc., 2008-2270 (La.App. 1 Cir. 5/8/09); 13 So.3d 616; breach of contract exclusion.

Encompass Ins. Co. v. Gammon Roofing, L.L.C., 2007-1554 (La.App. 4 Cir. 9/24/08); 996 So.2d 16; roofing exclusion.

Ott v. LPK Systems, Inc., 2000-1815 (La. App. 4 Cir. 11/28/01); 812 So 2d 38); coverage, employer's liability exclusion.

John v. Gourmet Pizzas, Inc., 2000-0749 (La. App. 4 Cir. 1/31/01); 778 So.2d 1223; coverage, delivery of the surplus lines policy.

Essex Insurance Company v. Wallington, 1999 WL 212713 (E.D. La. 1999), affirmed on appeal; coverage, pollution exclusion.

Orleans Parish School Board v. Scheyd, Inc., 95-2653 (La. App. 4 Cir. 4/24/96); 673 So.2d 274; construction, "work-product" exclusion.

Construction

Ramos v. Tulane University of Louisiana, 2006-0487 (La. App. 4th Cir. 1/31/07); 951 So.2d 1267; summary judgment affirmed on exclusive remedy rule of worker's compensation for statutory employee.

Orleans Parish School Board v. Scheyd, Inc., 98-2989 (La. App. 4 Cir. 6/16/99); 737 So.2d 954; construction, public works, limitation of actions.

Products Liability

Stanley Tools v. Madison Mills, Inc., 109 F. Supp. 2d 500 (E.D. La. 2000); affirmed on appeal; products liability, res judicata.

Professional Liability

Strahan v. Maytag Corp., 99-0869 (La. App. 4 Cir. 4/5/00); 760 So.2d 463; legal malpractice, limitation of actions.

Premises Liability

Labit v. Palms Casion & Truck Stop Inc., 2001-1552 (La. App. 4 Circ. 5/9/12); 91 So 3rd 540; premises liability, summary judgment on no legal duty.

Smith v. French Market, 03-1412 (La. App. 4th Cir. 10/06/04); 886 So.2d 527, premises liability, landlord's immunity.

Kreher v. Bertucci, 2001-1132 (La. App. 4 Cir. 3/20/02); 814 So.2d 614; premises liability and coverage.

Sallinger v. Robichaux, 1998-2160 (La. App. 1 Cir. 6/22/01); 797 So.2d 724; premises liability, damages.

Auto Liability

Millet v. Imperial Fire and Cas. Co., 04-561 (La. App. 5 Cir. 10/26/2004); UM/UIM, coverage.

McCarter v. Sandoz, 2003-0935 (La. App. 4 Cir. 4/28/04); 874 So.2d 918; UM/UIM.

Gabriel v. Hobbs, 2001-1733 (La. App. 4 Cir. 12/19/01); 804 So.2d 853; auto liability, personal jurisdiction.

Asbestos

Walls v. American Optical Corp., 98-0455, La. 9/8/99); 740 So.2d 1262; asbestos, employer's liability

Young v. E.D. Bullard Co., 97-657 (La. App. 5 Cir. 11/25/97); 703 So.2d 783; asbestos, employer's liability.

Professional Associations

Federation of Defense and Corporate Counsel Construction Law Section Excess, Surplus Lines and Reinsurance Section

Louisiana Association of Defense Counsel

Louisiana State Bar Association

Associated Builders and Contractors, Legislative and Legal Affairs Committee