Louisiana Revised Statute 9:5629 provides that actions for the recovery of damages sustained in motor vehicle accidents brought pursuant to UM provisions in motor vehicle insurance policies are prescribed by two years reckoning from the date of the accident in which the damage was sustained. A timely filed suit against…
Louisiana’s No Pay / No Play statute, provides that an owner or operator of a motor vehicle who fails to own or maintain compulsory motor vehicle liability security can not recover for the first $15,000 of bodily injury damages and for the first $25,000 of property damage caused by a…
Louisiana Revised Statute 32:900 provides for the minimum compulsory auto liability insurance limits: $10,000 per person / $20,000 per accident regardless of the number of persons (prior to January 1, 2010) $15,000 per person / $30,000 per accident (effective January 1, 2010) $25,000 per person/ $50,000 per accident for intrastate…
Bodily Injury Liability (BI) If an insured person is legally liable for an accident, BI coverage pays for injuries/death to people involved in the accident other than the insured driver. BI also pays for legal defense costs if you are sued. Property Damage Liability (PD) If an insured person is…
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…
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…
Since 1948, the expressed public policy of the State of Louisiana, by the Louisiana Legislature, has been that an insurable interest is required of persons seeking protection from property insurance, so as to differentiate an enforceable indemnity agreement from a wagering pact. La. R.S. 22:614 provides that no contract of…
“In the absence of bad faith, a liability insurer generally is free to settle or to litigate at its own discretion, without liability to its insured for a judgment in excess of the policy limits. William Shelby McKenzie & H. Alston Johnson, III, 15 Louisiana Civil Law Treatise-Insurance Law and…
An insurer’s duty to defend its insured is broader than its liability for damage claims. The insurer’s duty to defend suits brought against its insured is determined by the allegations of the injured plaintiff’s petition, with the insurer being obligated to furnish a defense unless the petition unambiguously excludes coverage.…
For insurance policy language which limits coverage to “accidents which occur during the policy period”, the loss occurs at the time the tort is committed, and not when the loss is discovered or becomes manifest. Audubon Coin & Stamp Co. v. Alford Safe & Lock Co., 230 So.2d 278 (La.App.…