Stacking of multiple UM (uninsured/underinsured motorist) liability policies is prohibited by the Anti-Stacking provision contained in La.R.S. 22:1295(1)(c), unless the injured party is occupying an automobile not owned by him/her, a resident spouse, or a resident relative. In that instance, the UM coverage on the automobile in which the injured…
In the absence of physical contact, the insured can prove “by an independent and disinterested witness, that the injury was the result of the actions of the driver of another vehicle whose identify is unknown.” La. R.S. 22:1295(1)(f). This is “justifiable because miss and run is too fraud-fraught: every driver…
Is it reasonably forseeable that the first permittee might allow others to operate the automobile? Implied permission by the named insured can be found even in the face of a specific prohibition against allowing others to operate the automobile if there is evidence that the named insured was aware of…
As long as initial use of an automobile is with the express or implied consent of the insured, the scope of permission granted the user will not preclude coverage unless the deviation from the permission consented to by the insured amounts to theft or other conduct displaying an utter disregard…
Many liability policies extend coverage to relatives of the named insured who are “residents” of the same household of the named insured. Whether a person is or is not a resident of a particular place is a question of law as well as fact, and is to be determined from…
After teaching Product Liability during the Spring 2011 semester at the Southern University Law Center (SULC), Baton Rouge, Louisiana personal injury and accident attorney, Scott Andrews, will be teaching Insurance Law at the Southern University Law Center during the Fall 2011 semester. Scott Andrews is a 1996 Order of the…
Three St. Francisville, Louisiana residents were arrested by the Insurance Fraud – Auto Theft Unit of the Louisiana State Police as a result of a complaint made by the Government Employees’ Insurance Company (GEICO). According to the investigation, a GEICO automobile liability insured backed into a vehicle belonging to Honabea…
On Friday, May 6, 2011, the Louisiana Supreme Court, in the per curiam decision of Johnson v. Louisiana Farm Bureau Casualty Insurance Company, 11-0476 (La. 5/6/2011), resolved a conflict between the Louisiana courts of appeal as to whether the “mailing or delivery” provision contained in La. R.S. 22:1335 (formerly La.…
In Sensebe v. Canal Indemnity Company, 2010-0703 (La. 1/28/2011), the Louisiana Supreme Court held that an “automobile business” exclusion in a Farm Bureau insurance policy violates Louisiana’s public policy of requiring insurance coverage as expressed in the Louisiana Motor Vehicle Safety Responsibility Law, La. R.S.32:851 – 1043. Specifically, the Court…
Effective January 1, 2010, Louisiana’s Compulsory Motor Vehicle Liability Security Law requires every motor vehicle registered in Louisiana to be insured with minimum limits of 15/30/25. La.R.S. 32:900. 15 = per person maximum for bodily injury or death in one accident 30 = maximum for bodily injury or death to…