Diane L. Matthews
AV Preeminent Peer Review Rating by Martindale-Hubbell
J.D., magna cum laude, Loyola University New Orleans College of Law (1983); Member, Loyola Law Review
B.S., cum laude, University of Southwestern Louisiana (1978)
Bar and Court Admissions
U.S. District Courts for the Eastern, Middle, and Western Districts of Louisiana
Diane is an AV-rated attorney. She has practiced insurance defense since 1992, primarily in the areas of fidelity and directors & officers litigation. She has authored numerous papers on fidelity coverage over the past twenty years.
- American Electric Power Co., Inc. v. Affiliated FM Ins. Co., U.S. Court of Appeals for the Fifth Circuit, No. 07-31061
The firm successfully represented an insurer in connection with litigation brought by American Electric Power Company, defeating a $20 million claim for employee theft coverage.
- Enron Creditors Recovery Corp. v. St. Paul Fire & Marine Ins. Co., U.S. District Court for the Southern District of Texas, No. H-06-3905
The firm successfully defended a major insurer in complex litigation concerning a $20 million claim asserted by the Enron Corporation.
OTHER REPRESENTATIVE CASES
First Guaranty Bank v. BancInsure, 2007 U.S. Dist. LEXIS 30934 (E.D. La. April 25, 2007).
Morris Kirschman & Co., LLC v. Sicuro, 2004 U.S. Dist. LEXIS 1036 (E.D. La. Jan. 26, 2004).
Reeder v. New York Life Ins. Co., 790 So. 2d 712 (La. App. 5 Cir. 6/27/01).
Devillier v. Fidelity & Deposit Co. of Md., 709 So. 2d 277 (La. App. 3 Cir. 3/6/98).
In re M.A. Baheth Constr. Co., Inc., 118 F.3d 1082 (5th Cir. 1997).
In re Royale Airlines, Inc., 98 F.3d 852 (5th Cir. 1996).
Resolution Trust Corp. v. Avo, 31 F.3d 285 (5th Cir. 1994).
Additional representative cases that Diane has handled include:
David J. Krebs & Diane L. Matthews, Annotated Financial Institution Bond, Chp. 5 Sec. 5 -- General Agreement (E) -- Joint Insured; Chp. 6 Sec. 4 -- Limit of Liability (Am. Bar Assoc. 2004).
John J. Tomain, Maura Z. Pelleteri, Diane L. Matthews & Krystil B. Cook, Discovery in a Fidelity Case – Lawyers Play Hide & Seek, ABA Mid Winter Meeting, Forum Committee on Surety & Fidelity (2004).
Maura Z. Pelleteri & Diane L. Matthews, Judicial Rescission of Fidelity Coverage, The Fidelity Law Journal, Vol. VII (October 2001).
Maura Z. Pelleteri & Diane L. Matthews, Stealth Loans, Rogue Banking Officers and Poor Banking Practices Under Insuring Agreements (A), (D) and (E) (October 2000).
David J. Krebs & Diane L. Matthews, Recent Developments in Fidelity Law, The Fidelity Law Journal, Vol. VI, 11th Annual Southern Surety and Fidelity Claims Conference (2000).
Maura Z. Pelleteri & Diane L. Matthews, Whose Agent Is It Anyway? The Consequences of an Agent's Actions, 10th Annual Southern Surety and Fidelity Claims Conference (1999).
Co-author, Recent Developments in Fidelity and Surety Law, 33 Tort Insurance Law Journal, 443 (1998).
Barbara Weller and Diane L. Matthews, Recent Developments in Fidelity Law, 9th Annual Southern and Fidelity Claims Conference (1998).
David J. Krebs and Diane L. Matthews, Recent Developments in Surety Law, 8th Annual Southern and Fidelity Claims Conference (1997).
Maura Z. Pelleteri & Diane L. Matthews, Current Issues and Trends in D&O Coverage, 7th Annual Southern and Fidelity Claims Conferenc (1996).
Eugene R. Preaus & Diane L. Matthews, Bankruptcy Trustee Bonds, Are They What the Underwriter Thinks?, 6th Annual Southern and Fidelity Claims Conference (1995).
David J. Krebs & Diane L. Matthews, Fidelity Law Update, 5th Annual Southern and Fidelity Claims Conference (1994).
Co-author, Current D&O Issues, 4th Annual Southern and Fidelity Claims Conference (1993).
Professional and Civic Activities
Louisiana State Bar Association
Phelps, Dunbar, Marks, Claverie & Sims, Associate; New Orleans, LA (1983-89)