This past weekend I was asked the question above. This is what I found in Louisiana. On March 26, 2020, by Proclamation No. JBE 2020-37, Louisiana Governor John Bel Edwards transferred certain insurance matters to Commissioner of Insurance James J. Donelon. Commissioner Donelon quickly instituted reasonable emergency measures to address the growing concerns of Louisiana’s residents through Emergency Rule 40 – Moratorium on Policy Cancellations and Non-Renewals for Policyholders in Louisiana during the Outbreak of Coronavirus Disease (COVID-19) (“Rule 40”).1
Continue Reading Louisiana–COVID-19 Pandemic Relief: My Mortgage is Deferred, What about My Insurance Premiums?

Louisiana federal courts have been split on the issue regarding the applicable prescriptive period (statute of limitation) for first-party insureds’ bad faith claims against their insurers. Recently, the Louisiana Supreme Court granted review of Smith v. Citadel Insurance Company, to definitively rule on the primary legal issue presented: “the proper prescriptive period applicable to a first-party bad faith claim against an insurer.”1
Continue Reading What Is the Prescriptive Period for Louisiana First-Party Bad Faith Claims?

On Saturday October 12, 2019, several decks of upper floors of the Hard Rock Hotel & Casino under construction just off Canal Street in New Orleans suddenly collapsed. As emergency personnel were engaged in the immediate efforts to rescue and aid the crews working at the hotel site, the City of New Orleans was busy implementing its emergency response teams.
Continue Reading New Orleans Hard Rock Hotel & Casino Construction Collapse Triggers Time Element Coverages

Louisiana’s Department of Insurance, through its Commissioner, James J. Donelon, issued an Advisory Letter No. 2018-01 on June 18, 2018, to inform all property and casualty insurers how the separate named storm deductibles or hurricane deductibles are to be interpreted and applied to claims resulting from a subtropical storm named by the National Hurricane Center of the National Weather Service.
Continue Reading Insurance Department Guidance on Application of Named Storm / Hurricane Deductibles

On February 3rd FEMA Assistant Administrator David Maurstad issued WYO Bulletin W-17002, granting an additional 90-day extension for Louisiana policyholders to submit a complete, signed, and sworn proof of loss for their flood claims caused by the mid-summer storms commencing on August 9, through August 31, 2016.
Continue Reading FEMA Grants Extension to File Proof of Loss for Claims Related to the 2016 Mid-Summer Storms

Continuing with my nuts and bolts series on the statute of limitations, I’ve selected the boot of the Gulf Coast states, Louisiana. Louisiana has been hit hard in past years by the likes of Hurricanes Katrina, Rita, Ike, and other named wonders of weather. Due to the numerous claims made in recent years, Louisiana enacted special legislation to extend the limitations periods at times. The Louisiana legislature extended the time for instituting a judicial action against an insurer seeking recovery for property damages arising out of Hurricane Katrina to 1 September 2007, at the very latest, or forever be barred from doing so. The only exception the Legislature provided to the filing deadlines set forth in Acts 802 and 739 was if the contract or the parties (Acts 802) or the law (Act 739) provided for a later date for the filing of an action. With various Acts created to help claimants deal with losses, it’s important to make mental note of the Louisiana limitations.

Continue Reading The Nuts and Bolts of Louisiana Statute of Limitations on Property Insurance Claims

Property Casualty 360 posted a story by the Associated Press, describing the continuing saga of Louisiana Citizens Property Insurance Corporations’ Hurricane Rita and Katrina claims.

Continue Reading With $100 Million on the Line, Louisiana’s State Run Insurer of Last Resort is Turning to the U.S. Supreme Court