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Madeleine
Fischer

Position
Special Counsel
Office
New Orleans

Madeleine Fischer is special counsel in the Litigation Practice Group. She focuses on insurance coverage and claims handling disputes.


Madeleine has represented clients in litigation for well over 45 years and has extensive trial experience in state and federal courts. She has represented a variety of policyholders and insurance companies in insurance coverage and bad faith litigation. Besides insurance coverage and bad faith litigation, her practice also extends to appellate practice, class actions, toxic torts, and products liability.

Throughout her career, Madeleine has served as a member of and in leadership roles for numerous legal organizations and bodies, including as a past chair of Insurance Law Committee of the New Orleans Bar Association and past vice chair of the Insurance Coverage Litigation Committee of the ABA’s Tort Trial and Insurance Practice. She has authored chapters and articles on insurance coverage for various publications. Additionally, she has spoken on insurance coverage law in a variety of fora.

Noteworthy

  • New Orleans Magazine, Top Lawyer (listed annually since 2019)
  • The Best Lawyers in America®, Commercial Litigation, Insurance Law, Mass Tort Litigation/Class Actions – Defendants, and Product Liability Litigation – Defendants (listed annually since 2010)
  • Best Lawyers®, "Lawyer of the Year," Insurance Law, New Orleans, Louisiana (2018)
  • Louisiana Super Lawyers, Insurance Coverage (listed annually since 2007)
  • Louisiana Super Lawyers, Top 25: 2016 Women Louisiana Super Lawyers
  • AV Preeminent® Peer Review Rating in Martindale-Hubbell

Publications

  • "Physical Loss or Damage Requirement for Business Interruption and Civil Authority Insurance Coverage," Jones Walker LLP Insurance Coverage Client Alert, April 7, 2020
  • "Update on Bad Faith Penalties and Attorney Fees" LSU Law Center, October 2015
  • "Developing or Defending a Bad Faith Case - Selected Problems", June 12, 2012
  • "Overview of General Bad Faith Principles - Louisiana", June 12, 2012
  • "Can Insurers Recoup Defense Costs for Noncovered Claims?" CGL Reporter, May 1, 2012
  • "Development of Insurance Issues in the Chinese Drywall Litigation" IRMI.com, February 22, 2012
  • "Insurer Litigation Management and Billing Guidelines", February 2012
  • "Anti-Concurrent Cause Clauses: Are They Enforceable?" American Bar Association Section of Tort Trial & Insurance Practice, Committee Newsletter, January 2, 2012
  • Chinese Drywall Litigation: A Primer and Guide to the Basic Insurance Coverage Issues Presented at TIPS Annual Spring CLE and Leadership Forum, May 24, 2011
  • Assistant Editor, "The Reference Handbook on the Comprehensive General Liability Policy" Insurance Coverage Litigation Committee, American Bar Association, 2010
  • Chapters on Class Definition, Adequacy Requirements and Medical Monitoring Classes (co-author) in Marcy Hogan Greer (ed.), A Practitioner's Guide to Class Actions (American Bar Association 2010, 1353 pp.) Ms. Fischer also served on the editorial board for this treatise, September 7, 2010
  • "The Use of Experts in Insurance Bad Faith Litigation" American Bar Association Insurance Coverage Litigation Committee Newsletter, July 1, 2009
  • "Navigating the Discovery Maze in Insurance Bad Faith Litigation" CGL Reporter, January 1, 2009
  • "A Detailed Look at Standard of Review" Appellate Practice for Trial Lawyers; Paul M. Hebert Law Center, Louisiana State University; Baton Rouge, Louisiana, April 2008
  • "Cumis Counsel Made Easy: An Overview of a Policyholder's Right to Independent Counsel at the Expense of the Insurer" American Bar Association Section on Tort Trial & Insurance Practice, 2007 Annual Meeting
  • "A Look at Flood Insurance and Successful Negotiating" Inside the Minds: Insurance Dispute Resolution Proceedings, Aspatore Books, January 1, 2007
  • "Intangible Damages for Unimpaired Asbestos Claimants" Asbestos, HarrisMartin Publishing, March 1, 2003

Presentations

  • "Update on Bad Faith Penalties and Attorney Fees", October 30, 2015, LSU Law Center
  • "Significant Developments in Insurance Bad Faith Post-Louisiana Bag", October 23, 2013
  • "The Unexpected Verdict in Excess Policy Limits: What Happens Now?", February 16, 2013, Phoenix, Arizona
  • "Developing or Defending a Bad Faith Case: Selected Problems", June 12, 2012, New Orleans, Louisiana
  • "Overview of General Bad Faith Principles: Louisiana", June 12, 2012, New Orleans, Louisiana
  • "Insurer Billing Guidelines", February 22, 2012
  • "The Use of Experts in Insurance Bad Faith Litigation", June 14, 2011, New Orleans, Louisiana
  • "Scaling the Great (Dry) Wall: Developments in Coverage for Chinese Drywall Claims", February 25, 2011
  • "Trying the Coverage Case to a Jury: A Mock Trial Experience", February 24, 2011
  • "Current Insurance Coverage Issues in Chinese Drywall Litigation", December 29, 2010, New Orleans, Louisiana
  • "The Use of Experts in Bad Faith Litigation", February 26, 2010, Phoenix, Arizona
  • "A Detailed Look at Standard of Review", April 11, 2008, Appellate Practice for Trial Lawyers; Paul M. Hebert Law Center, Louisiana State University; Baton Rouge, Louisiana
  • "Examining the Tripartite Relationship Connecting the Policyholder, Carrier, and Defense Counsel", August 11, 2007, American Bar Association Convention, San Francisco, California

Memberships

  • American Bar Association, Vice-Chair, Insurance Coverage Litigation Committee (2008–2011); Member, Section of Tort Trial and Insurance Practice
  • CGL Reporter, Editorial Board (2007–2013)
  • Louisiana Association of Defense Counsel, Past Board Member
  • Louisiana State Bar Association
  • New Orleans Association of Defense Counsel, Past President (1996–1997)
  • New Orleans Bar Association, Past Chair, Insurance Law Committee (2010–2013)
  • State Bar of Texas
New Orleans
201 St. Charles Ave
New Orleans, LA 70170-5100
D: 504.582.8208
F: 504.589.8208
Emailmfischer@joneswalker.com

Education

  • Tulane University Law School
    JD, 1975
    Articles Editor, Tulane Law Review
  • Harvard University
    AB, cum laude, 1972

Bar Admissions

  • Louisiana
  • Texas

Court Admissions

  • US Court of Appeals for the Fifth Circuit
  • US District Court for the Eastern District of Louisiana
  • US District Court for the Middle District of Louisiana
  • US District Court for the Western District of Louisiana
  • US District Court for the Northern District of Texas

Related Practices

  • Appellate Litigation
  • Litigation
  • Class Action Defense & Multi-District Litigation
  • Disaster Preparedness & Recovery
  • Environmental & Toxic Torts
  • Litigation — Insurance
  • Products Liability
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