Richard Baudouin

Partner

Richard is a partner in the firm’s New Orleans office. He focuses his practice on surety and fidelity law as well as insurance coverage such as employment liability and directors and officers liability. Since joining the firm in 2007, he regularly counsels insurers on the legal and factual merits of claims, and roots his approach in developing the facts of a claim in a way that most directly implicates the principles of law that should apply.

In litigation, Richard takes a practical approach to advising his clients. He develops a litigation strategy that considers the cost pressures of management, while maintaining the greatest chance for achieving the optimal result.

 

REPRESENTATIVE CASES
 

Tripp Forrest as Tr. for Jack Thrash Forrest III Tr. v. Ville St. John Owners Ass'n, Inc., 259 So. 3d 1063, (La. App. 4 Cir. 2018). A condominium unit owner sued his condominium association alleging breach of fiduciary duty when it failed to timely repair his unit following a fire. The association tendered the claim to the directors and officers liability insurer for a defense. The trial court granted the insurer’s motion for summary judgment, finding it had no duty to defend the suit pursuant to a policy exclusion precluding coverage for claims arising out of property damage. The appellate court affirmed.
 

Seibert v. Travelers Cas. & Sur. Co. of Am., 2018 WL 2770659 (S.D. Miss. 2018). The plaintiff asserted state and federal claims against her employer, a sheriff, for sexual harassment and hostile work environment. She also sued the surety who issued a public official bond for the sheriff. The district court granted the surety’s Motion to Dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, finding the bond did not cover the employee’s claims.
 

Hartford Fire Ins. Co. v. Nottingham Constr. Co., et al., 2012 WL 5997227 (M.D. La. 2012). The surety made payment under an appeal bond after the principal refused to pay a state court judgment, claiming it was not due. The surety then sued the principal and various other indemnitors in federal court pursuant to the indemnity agreement they executed in favor of the surety. The district court granted the surety’s motion for summary judgment on its claims for indemnity.
 

Methodist Health System Found., Inc. v. Hartford Fire Ins. Co., 834 F. Supp. 2d 493 (E.D. La. 2011). A local hospital foundation sued its fidelity insurer claiming a computer crime policy covered investment losses it incurred following the unraveling of Bernie Madoff’s Ponzi Scheme. The district court granted the insurer’s motion for summary judgment, finding the loss did not directly result from the scheme and applying several policy exclusions.
 

Dunn Constr. Co. v. Gray Ins. Co., 2010 WL 231742 (W.D. La. 2010). A subcontractor sued a Miller Act surety, claiming it had not been fully paid by the general contractor. The surety filed a motion for summary judgment based on the Miller Act’s one-year delay for filing suit on the bond. The district court granted summary judgment.

PUBLICATIONS
 

Matt J. Farley & Richard E. Baudouin, R., Exclusions in the Commercial Crime Policy, Chapter XI of COMMERCIAL CRIME INSURANCE COVERAGE (Randall I. Marmor & Susan K. Sullivan eds., 2015)
 

Matt J. Farley & Richard E. Baudouin, Other Common Conditions, Chapter 19 of ANNOTATED COMMERCIAL CRIME INSURANCE POLICY  (Toni Scott Reed & Carleton R. Burch eds., 2015)
 

Richard Baudouin, The Status of the Bundling Argument in Light of the Anti-Bundling Clause, Fidelity & Surety Law Committee Newsletter (Fall 2013)

 

EVENTS & SPEAKING ENGAGEMENTS
 

Presenter, Timing the Claim: Treatment of Notice of Loss, Proof of Loss, and Suit Limitation Provisions in Fidelity Coverages, Fall Meeting of the Fidelity & Surety Law Committee of the Tort Trial & Insurance Practice Section, American Bar Association (2018)
 

Presenter, Cyber Risk Insurance Products: An Overview, Mid-Winter Meeting of the Fidelity & Surety Law Committee of the Tort Trial & Insurance Practice Section, American Bar Association (2018)
 

Presenter, Risks and Opportunities Associated with Third-Party Professionals in the Context of the Financial Institution Bond, Southern Surety & Fidelity Claims Conference (2011)
 

Presenter, Severing Ties: Application of the Termination Clause in Fidelity Bonds, Gulfcoast Fidelity & Surety Institute (2010)

PROFESSIONAL AND CIVIC ACTIVITIES
 

American Bar Association, Tort Trial & Insurance Practice Section and Fidelity and Surety Law Committee
 

Louisiana State Bar Association
 

New Orleans Bar Association

New Orleans Office

400 Poydras Street

Suite 2500

New Orleans, LA 70130

rbaudouin@krebsfarley.com

PRACTICE AREAS
 

Directors & Officers

Fidelity Law

Surety Law

 

HONORS
 

Named Rising Star by Super Lawyers (2016 – 2018)

 

EDUCATION
 

J.D., cum laude, Loyola University New Orleans College of Law (2007); Managing Editor, Substance and Citation, Loyola Law Review
 

Master of Urban and Regional Planning, University of New Orleans (2003)
 

B.A., University of Texas-Austin (2001)

 

BAR AND COURT ADMISSIONS
 

Louisiana, 2007
 

U.S. Court of Appeals for the Fifth Circuit
 

U.S. District Courts for the Eastern, Middle and Western Districts of Louisiana

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