Louisiana Injury Lawyer Blog

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.