Louisiana Injury Lawyer Blog

The Louisiana Supreme Court upheld a $23 million St. Landry Parish jury verdict in favor of six members of an Opelousas, Louisiana family who were horribly burned in a house fire and explosion in June 2003. According to the family's lead trial attorney, Randy Piedrahita, of the Baton Rouge, Louisiana personal injury law firm of Due', Price, Guidry, Piedrahita & Andrews, Centerpoint Energy was held responsible for one-half of the judgment for failing to properly lock its gas meter when discontinuing service to a rent house for non-payment. Centerpoint Energy failed to comply with federal law and its internal procedures by either placing a locking device on the gas meter to prevent it from being turned on, or installing a blind plate to prevent the flow of gas through the line in the event the meter was turned on by an unauthorized person. Centerpoint Energy's negligence enabled just such an unauthorized person to turn the gas meter on to the rent house with devastating consequences to the residents because of a gas pipe that had inadvertently been left open in the house. Fugitive gas flowed into the house for several hours while the family slept, and was then ignited by an unknown source.

Continue reading "Multi-Million Dollar Jury Verdict Against Centerpoint Energy Upheld by Louisiana Supreme Court" »

In Guy v. Brown, 2011-0099 (La.App. 4 Cir. 7/6/11), 67 So.3d 704, the Louisiana Fourth Circuit Court of Appeal held that a wrongful death claim arising out of medical malpractice must be brought within the three year peremptive period set forth in La. R.S. 9:5628. Therefore, if the death occurs three years after the alleged medical malpractice and no claim was previously and timely filed by the wrongful death beneficiaries, the claim is forever time barred.

In Louisiana, benefits under any personal insurance contract accruing upon the death, disablement, or injury of the individual insured are not payable to any beneficiary held by a final judgment of a court of competent jurisdiction to be criminally responsible for the death, disablement, or injury of the individual insured, or to a beneficiary who is judicially determined to have participated in the intentional, unjustified killing of the individual insured.

In Louisiana, any individual procuring life insurance may name any person as the beneficiary.

No person can procure a life insurance contract upon the life of another person, unless payable to the individual insured or his personal representatives, or to a person with an insurable interest in the individual insured at the time the contract was made. Insurable interest includes only

1. In the case of individual related closely by blood or by law, a substantial interest engendered by love and affection.

2. In the case of other persons, a lawful and substantial economic interest in having the life, health or bodily safety of the individual insured continue.

3. Certain business relationships gives rise to an insurable interest.

A spouse may effectuate life insurance upon the other spouse without his/her consent.

Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of the minor.

Life insurance policies delivered or issued for delivery in Louisiana shall contain a provision that the life insurance policy shall be incontestable after the policy has been in force during the lifetime of the insured for a period of two years from its date of issue, except for non-payment of premium.

Additionally, no policy shall exclude or restrict coverage in the event of death occurring as a result of self-destruction while sane or insane after two years from the date of issue of the policy. There is a presumption against suicide. The insurer bears the burden of proving the deceased insured committed suicide to the exclusion of every other reasonable hypotheses of death by any other means. However, it is not required to offer proof sufficient to eliminate every speculative, fantastic, conjectural, frivolous, and imaginary hypothesis of death in any other way.