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Message
re: Here are the details of the lead tort reform bill for the upcoming session.
Posted on 2/20/20 at 9:13 am to brass2mouth
Posted on 2/20/20 at 9:13 am to brass2mouth
quote:
Which is bullshite. Why the frick does it matter? I pay my health insurance premiums to cover me but bc this country is run by banks and insurance there’s an out for the insurance company.
Agree 100%.
I don't claim to know the solution, but I think its wrong that the not at-fault party gets put through the ringer cause the at-faults party insurance and your health plan wont help you with the med bills.
Think of it this way - If I choose to have a great heath plan and pay super high heath premiums where my heath plan pay 100% with no out of pocket expense - the defense gets off scott free for med bills cause I have a good health plan?
But the bastard who ain’t go no heath insurance can submit claims for all his med bills and get paid cash money while also having no intention of paying the heath provider?
Its always the responsible people of society who get the short end of the stick.
2
Posted on 2/20/20 at 9:15 am to Slippy
quote:Too low and would destroy our city court system.
(2) reduces the threshold for a jury trial to $5,000,
This
quote:
increases the prescriptive period for delictual actions to a two-year prescriptive period,
plus this
quote:
HB 84 requires an automobile insurer to provide liability policy limits to a third-party claimant or his attorney within 30 days of receipt of a written request from the claimant or his attorney
would put me out of a job.
quote:I don't get why anyone on either side would want this.
repeals the right of direct action against an insurer.
Posted on 2/20/20 at 9:17 am to Lakeboy7
quote:
It wont come to that.
I dont think people understand probably 70% of the legislature hunt on one side of the fence or the other. There will be some type of "reform" bill (2 year prescriptive period has support on both sides) that makes it through
or
If LABI goes for the whole enchilada it will get vetoed and shoved up their arse.
The smart play would be take what you can get now and hope to not frick up another gov election...
Truth.
There should be areas of compromise here.
Prescription - no brainer
Jury trials - $5k too low. 20-25k (and change jurisdictional cap for city/parish courts to top out at jury threshold)
Collateral source - while I like the proposed bill, the plaintiff's bar is going to choke on that as written because that . There's no question it's a windfall and something should be done about that, but actually requiring what "would have been" the health insurance write off/discount will be too unwieldy. Instead, remove the evidentiary bar and allow the defense to introduce evidence challenging the reasonableness of the charges -past and future (as you know, absent outright fraud between the plaintiff and the medical provider, you have to "suck it up" even if the charges are outrageous by any measure).
Direct action - would solve a lot of problems.
Posted on 2/20/20 at 9:18 am to udtiger
Adopt Texas Rules for reasonableness. Allow counter-affidavits from the Defense experts challenging the bills.
Posted on 2/20/20 at 9:19 am to NIH
quote:
Going to be a bitter sweet victory when the defense bar realizes they have to start trying cases all the time.
what? shoot I'll get back into insurance defense right away. lots of billable hours in taking a case to trial.
Posted on 2/20/20 at 9:20 am to Carnifex
quote:No, they still have to pay whatever insurance paid.
Think of it this way - If I choose to have a great heath plan and pay super high heath premiums where my heath plan pay 100% with no out of pocket expense - the defense gets off scott free for med bills cause I have a good health plan?
Posted on 2/20/20 at 9:24 am to NIH
I understand the general disdain for the ridiculous TV lawyers but cannot understand why we would want to give insurance companies basically a blank check to increase their profits. They are never looking out for the victims regardless of the type of insurance we are talking about. You will not see rate reductions and God forbid you are hurt you will have a lot more trouble getting a satisfactory outcome. BTW, in a few short years as AI starts driving automobiles this will become a moot point. I would not want to start an auto agency now as that will cause the insane profits they enjoy to fall short. I know several insurance agents and they all make big coin for pushing paper.
Posted on 2/20/20 at 9:25 am to iron banks
quote:How are you getting to this conclusion?
cannot understand why we would want to give insurance companies basically a blank check to increase their profits.
Posted on 2/20/20 at 9:25 am to TheCurmudgeon
Right. I’m sure that’s the case for many. I’m also sure a lot of guys set in their ways do not want to be going to trial all the time after decades of settlements.
Posted on 2/20/20 at 9:28 am to TigerGman
None - Donelon will allow rates to increase double digits for the rest of his time in office.
Every insurance rate in Louisiana increases 6 to 12 % year after year after year.
Every insurance rate in Louisiana increases 6 to 12 % year after year after year.
Posted on 2/20/20 at 9:29 am to Slippy
quote:
Omnibus Premium Reduction Act of 2020
This is named just like all government bills. The result of the bill will be opposite of what its named, ie Patriot Act. So what will happen is that your premiums won't go down a single penny but the profits for the insurance companies will sure go up. Watch and see.
Posted on 2/20/20 at 9:30 am to Slippy
quote:
(3) if the plaintiff pays the medical expenses directly to the healthcare provider when health insurance is available, recovery is limited to the amount that would have been paid by the insurer or Medicare
Am I now forced to maintain health insurance so Allstate gets to pay a reduced rate?
I get in an accident, can't work, can't pay my premium to BCBS, is Allstate now going to be able to says I failed to mitigate my damages by not maintaining health insurance?
Posted on 2/20/20 at 9:31 am to iron banks
quote:
I understand the general disdain for the ridiculous TV lawyers but cannot understand why we would want to give insurance companies basically a blank check to increase their profits.
Because this country has a bad case of Stockholm syndrome with these giant companies.
Posted on 2/20/20 at 9:32 am to boosiebadazz
quote:Did you think about this question at all?
Am I now forced to maintain health insurance so Allstate gets to pay a reduced rate?
quote:No
I get in an accident, can't work, can't pay my premium to BCBS, is Allstate now going to be able to says I failed to mitigate my damages by not maintaining health insurance?
Posted on 2/20/20 at 9:33 am to udtiger
quote:
$5k too low.
Why is this fine for every other state?
Posted on 2/20/20 at 9:33 am to Slippy
This will get voted down.
Then more people and more companies will move to Texas.
Then more people and more companies will move to Texas.
Posted on 2/20/20 at 9:35 am to AlxTgr
Why not? I have a duty to mitigate my damages, do I not?
Posted on 2/20/20 at 9:36 am to boosiebadazz
quote:Because that's not mitigation.
Why not?
Posted on 2/20/20 at 9:36 am to Slippy
I don't get the whole extending the prescription period and reducing the amount for a jury trial. Defense lawyers are constantly trying to get away from expensive jury trials that they usually end up eating the costs of.
The other two provision won't pass.
The other two provision won't pass.
Posted on 2/20/20 at 9:37 am to TJG210
quote:Check out how court costs are funded.
Why is this fine for every other state?
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