
Tyrone Saylor v.Villcar Realty, L.L.C. and Carter-Downing Apartments, Inc., 999 So.2d 61 (La. App. 4th Cir. 2008)
Tenant suffered personal injuries when, after a fire broke out in his apartment, he jumped from a second-story window. Tenant filed suit against the apartment complex owner, Villcar Realty, alleging negligence and breach of contract. The district court granted Villcar's exception of prescription, finding that tenant's action sounded in tort only and that the doctrine of contra non valentem did not apply. The Fourth Circuit affirmed the trial court's ruling, agreeing that the action was delictual and the evidence did not support application of contra non valentem.
Supreme Services and Specialty Co., Inc. v. Sonny Greer, Inc., 958 So.2d 634(La. 2007)
On May 22, 2007, the Louisiana Supreme Court reinstated a district court’s ruling in favor of AXA Insurance Company, holding that, according to the plain language of the “work product” exclusions of a Commercial General Liability Policy, there is no coverage for damage to a concrete slab that must be restored, repaired, or replaced because of the defective work, or the defective product, of a contractor and its subcontractors.
H.B. No. 25, 2010 Reg. Sess. (La. 2010):
Present law provides that the state, state agencies, political subdivisions, parishes, certain municipal boards or commissions, sheriffs, sheriffs' departments, and law enforcement districts, the La. Insurance Guaranty Association, and the Patient's Compensation Fund are not required to furnish any bond in any judicial proceedings arising from activities within the scope and course of their duties and employment.
Proposed law retains present law and adds La. Citizens Property Insurance Corp. to the exemption. (Amends R.S. 13:4581)
La. R.S. 22:1337 is added to Insurance Code by Act 134 of the 2009 Regular Session. It provides, in part, "For all homeowners’ insurance policies or other policies insuring a one-or two-family owner occupied premises for fire and allied lines, issued or renewed by authorized insurers on or after January 1, 2010, any separate deductible that applies in place of any other deductible to loss or damage resulting from a named storm or hurricane shall be applied on an annual basis to all named-storm or hurricane losses that are subject to the separate deductible during the calendar year."
U.S. Supreme Court Decision:
Travelers Indemnity Co. v. Bailey, Nos. 08-295 & 08-307
Effective January 1, 2009, the Louisiana Insurance Code, Title 22 of the Louisiana Revised Statutes, will be reorganized and recodified pursuant to Act 415. The Act gives the Louisiana State Law Institute authority to redesignate and renumber the current provisions of Title 22 into a new format and number scheme without changing the substance of the provision, to be comprised of R.S. 22:1 through 2371.
On July 11, 2008, Act 921 became law. This act, effective January 1, 2010, provides for increased minimum liability limits in motor vehicle liability policies for damages resulting from bodily injury, death, or destruction of property; increased minimum motor vehicle bonds to be secured with the state treasurer for damages resulting from bodily injury, death, or destruction of property; and limited recovery by an uninsured motorist involved in a non-fault motor vehicle accident.
Sher v. Lafayette Ins. Co., No. 07-C-2441 c/w 07-C-2443 (La. 4/8/08).
On July 2, 2007, the Governor signed Act 222 into law, which amends and reenacts R.S. 36:681(C)(1) and enacts R.S. 36:696 and R.S. 22:1455 and 1476. The Act creates an office of consumer advocacy in the Department of Insurance to be headed by a deputy commissioner of consumer advocacy. The office of consumer advocacy will be responsible for, among other things, the enforcement of the policyholder bill of rights as provided in R.S. 22:1455.