re: Tort (Legal) Reform is by far the biggest issue in the Louisiana Governor’s race

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Meaningful tort reform would entail addressing the "bad faith" statutes which incentivize mass insurance litigation.

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I respectfully concur in the result. I write separately to urge the legislature to re-examine La. R.S. 22:1892 and all of the penalty provisions involving insurance contracts. The provisions are confusing at best and have been used as a negotiating weapon in the practice of law. While the majority opinion correctly wades through the legal quagmire of applying the penalty provision in this case, the multiple legal questions and issues raised herein illustrates the inefficiency and inadequacy of the insurance penalty provisions in our laws. Penalty provisions should be clear, certain, and fair allowing the parties to determine the applicable penalty, if any, without the necessity of endless litigation and interpretation by the courts.

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