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A Question For Lawyers About Insurance Rates

Posted on 5/9/25 at 5:58 pm
Posted by ronniep1
Baton Rouge
Member since Mar 2016
481 posts
Posted on 5/9/25 at 5:58 pm
Many years ago when I took Business Law for Accounting Majors, my instructor pointed out that the only state that has not adopted the Universal Commercial Code is Louisiana. We still use the Napoleonic Code. I recall him saying the Napoleonic code is a primary reason our insurance rates are high.

Am I remembering correctly, or has my memory slipped as I become an official old geezer (65 in July)? Other than Insurance, how else is Napoleon affecting our daily lives? And finally, why is Louisiana the lone holdout on the UCC?
Posted by terriblegreen
Souf Badden Rewage
Member since Aug 2011
11280 posts
Posted on 5/9/25 at 6:00 pm to
It affects succession/ inheritance if you die without a will if I’m not mistaken.
Posted by Chad504boy
4 posts
Member since Feb 2005
172258 posts
Posted on 5/9/25 at 6:01 pm to
Thanks pope Leo
Posted by JonTigerFan11
Member since May 2016
881 posts
Posted on 5/9/25 at 6:01 pm to
Louisiana adopted the UCC 35 years ago.
Posted by JonTigerFan11
Member since May 2016
881 posts
Posted on 5/9/25 at 6:01 pm to
Every state has intestacy laws, not just Louisiana.
Posted by LazloHollyfeld
Steam Tunnel at UNC-G
Member since Apr 2009
1888 posts
Posted on 5/9/25 at 6:07 pm to
This is wrong and stupid. UCC has nothing to do with insurance and LA has adopted most of it.
Posted by 385 Tiger
Baton Rouge
Member since Jan 2009
273 posts
Posted on 5/9/25 at 6:52 pm to
Our insurance rates are high because we have, on average, a poor, uneducated, highly litigious population. And the biggest driving issue of rates is really the third point. We have over twice as many claims per capita as other states. Insurers factor that into their rates.

The plaintiffs' bar will roll in at some point and talk about how they get fair shakes and justice for the injured. But ask yourself if the people of Louisiana really need over twice as much justice as everyone else in the country.
Posted by JperiodCperiod
Member since Aug 2022
65 posts
Posted on 5/9/25 at 6:59 pm to
Not a lawyer either but as I understand it, Louisiana tradition was more statute driven whereas other states leaned heavier on common law and court precedent.

Over the decades, Louisiana has built up more case law and other jurisdictions have codified more into laws. Consequently, we are not as far apart as we once were.
Posted by The Johnny Lawrence
Member since Sep 2016
2199 posts
Posted on 5/9/25 at 7:00 pm to
Nothing you discussed in business law impacts car insurance rates
Posted by RanchoLaPuerto
Jena
Member since Aug 2023
679 posts
Posted on 5/9/25 at 7:00 pm to
quote:

I recall him saying the Napoleonic code is a primary reason our insurance rates are high.


Your prof was a moron.
Posted by 385 Tiger
Baton Rouge
Member since Jan 2009
273 posts
Posted on 5/9/25 at 7:05 pm to
Correct. Louisiana's unique legal tradition is most patent today in property, sales, and succession issues. But even those tend to get to the same place, albeit by a different path. The specific tort statutes are not, in practice, particularly different thank those in other states.
Posted by T1gerNate
Member since Feb 2020
39 posts
Posted on 5/9/25 at 7:08 pm to
quote:

I recall him saying the Napoleonic code is a primary reason our insurance rates are high.
I say this with utmost respect but that guy is an idiot and has no idea what he’s talking about.
Posted by michael corleone
baton rouge
Member since Jun 2005
6169 posts
Posted on 5/9/25 at 7:54 pm to
Our rates are high bc of a lack of capacity in the state. It is simple supply and demand. Insurers don’t want to do business in the state on the commercial or residential auto side. As a result, there are less insurers and a high demand for insurance. This rates are high. If you change the climate to make it less favorable for plaintiff attorneys , it will attract more insurers to the state. This will increase capacity (supply) , decreasing cost. Right now the few playing in the state can charge whatever they desire because if the lack of competition. Of things don’t change soon , the plaintiffs lawyers will “sue” themselves out of money. Essentially , insurers will only offer required minimum limits in order to reduce their exposure. If this happens they will bankrupt themselves.
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