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re: Tort reform in Louisiana - you can only choose 3

Posted on 2/18/24 at 7:11 pm to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424995 posts
Posted on 2/18/24 at 7:11 pm to
quote:

I don’t see how mandatory disclosure of insurance limits reforms the tort laws. There is no reason why a plaintiff needs to know how much insurance is carried.

I mean you can make this non-mandatory but it will have to be provided in discovery.

Hell, when the defendant is under oath in deposition they'd be obligated to tell you (and the insurer and its chosen attorney would create a conflict of interest in preventing the defendant from revealing this information).

Now, you can argue the jury doesn't need to know.
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124510 posts
Posted on 2/19/24 at 5:21 am to
quote:

Hell, when the defendant is under oath in deposition they'd be obligated to tell you
Why?

If two people suffer the same injury, under the same circumstances, with the same post injury consequences and outcome, why should the jury award differ simply because one defendant is less wealthy than the other?

Posted by SlidellCajun
Slidell la
Member since May 2019
10581 posts
Posted on 2/19/24 at 12:18 pm to
quote:

Hell, when the defendant is under oath in deposition they'd be obligated to tell you (and the insurer and its chosen attorney would create a conflict of interest in preventing the defendant from revealing this information).


Defendant can choose to not answer the question.

It’s interesting to me that rewards are often aligned with the amount of insurance a person carries.

If I have an auto accident and only carry the minimum, then that is what get sued for. If I carry 5 mil limit, I get sued for 5mil.
Curious isn’t it?
This post was edited on 2/19/24 at 1:02 pm
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