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Message

re: Louisiana homeowners insurance market “unraveling.”

Posted on 4/2/22 at 10:32 am to
Posted by LifeTimeTiger2
Member since Apr 2017
493 posts
Posted on 4/2/22 at 10:32 am to
People need to lower their damn coverage. I’m buying a house at the top of the housing market this month. Insurance company wants me to cover for 35% over purchase price that includes the damn land. Ridiculous. I know inflation is bad but f that. I covered 90% of purchase price and saved around 20%. Plus the odds are low af the house gets taken out to the slab and guess what I don’t have to replace the gd slab
Posted by HubbaBubba
North of DFW, TX
Member since Oct 2010
50962 posts
Posted on 4/2/22 at 10:34 am to
Texas' tort reform has been good for the state.

Louisiana's attorney lobby will be what kills the state.
Posted by ShermanTxTiger
Broussard, La
Member since Oct 2007
11322 posts
Posted on 4/2/22 at 10:40 am to
quote:

How is that funded?


The concept of funding escapes most. Of course someone pays... guess who? It isn't the state or the insurance companies. The costs get passed down to the consumer.

Posted by lepdagod
Baton Rouge
Member since Jan 2015
5529 posts
Posted on 4/2/22 at 10:42 am to
quote:

Research how many other states are direct action (you can name the insurance company as a defendant) in a 3rd party case.


I don’t know I kinda agree with Louisiana policy toward insurance companies

an insurance policy against liability is not issued primarily for the protection of the insured but for the protection of the public.” (Davies v. Consolidated Underwriters, 6 So.2d 351 (La. 1942).)



Posted by udtiger
Over your left shoulder
Member since Nov 2006
112707 posts
Posted on 4/2/22 at 10:49 am to
quote:

I don’t know I kinda agree with Louisiana policy toward insurance companies

an insurance policy against liability is not issued primarily for the protection of the insured but for the protection of the public.” (Davies v. Consolidated Underwriters, 6 So.2d 351 (La. 1942).)


Then why aren't the vast majority of states direct action?

Jury knowing there's an insurance policy is a main reason why damage awards are so ridiculous in Louisiana.

Why do you think Gordon, Spencer, DD and the other TV lawyers ONLY talk about insurance companies in their ads?

Plus, how fair is direct action for any auto insurance company sued in Calcasieu Parish for the next 10 years?
Posted by ShermanTxTiger
Broussard, La
Member since Oct 2007
11322 posts
Posted on 4/2/22 at 10:50 am to
quote:

an insurance policy against liability is not issued primarily for the protection of the insured but for the protection of the public.” (Davies v. Consolidated Underwriters, 6 So.2d 351 (La. 1942).)


Insurance companies don't run into other people on the road. Placing an insurance company as the defendant in a two party tort case seems pretty jacked. Protection of society is achieved when each driver provides proof of financial responsibility (Insurance or self insurance).
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40252 posts
Posted on 4/2/22 at 10:53 am to
quote:

People need to lower their damn coverage. I’m buying a house at the top of the housing market this month. Insurance company wants me to cover for 35% over purchase price that includes the damn land. Ridiculous. I know inflation is bad but f that.


Well what that also does is raise the level for hurricane deductibles (since they are a percentage of total coverage) as well as the threshhold for 50% damage (when some other things kick in).
Posted by teke184
Zachary, LA
Member since Jan 2007
103152 posts
Posted on 4/2/22 at 10:59 am to
Yes. Insurance is pooled for the whole state.

I live pretty far inland and my insurer pulled out of the state completely this year, resulting in a new policy which cost a few hundred dollars more a year.


Not as bad as other people have gotten it but this process is likely to continue if we get another year of multiple named storms.
Posted by DevilDagNS
Member since Dec 2017
2960 posts
Posted on 4/2/22 at 11:00 am to
Insurers are leaving the state because of the absolute insane litigation climate. The plaintiff bar can demonize them and call them liars all day long, but that really isn’t going to mean much when they are gone and we are all LA citizens insureds. Louisiana is a shithole because of litigation. It distinguishes us more than any other factor.
Posted by Zephyrius
Wharton, La.
Member since Dec 2004
9407 posts
Posted on 4/2/22 at 11:01 am to
quote:

Once again Louisiana needs to look to Florida for the solution.

I would agree that Florida is more proactive regarding insurance but they are dealing with their own issues. I know Progressive sending out non-renewals if you have an older roof.

Also if Florida gets hit south and east coast Florida directly the same or back to back years there are going to be major issues similar to Louisiana.

Posted by ThePoo
Work
Member since Jan 2007
61327 posts
Posted on 4/2/22 at 11:01 am to
It will unravel and ravel continuously

A storm will hit, small companies will bankrupt or leave the market. Someone or a couple someones will eventually swoop in when they see a void in the market and an opportunity to make money. They will create or bring in insurance companies offering low premiums. In a matter of a couple years they will over expose themselves and have massive rate increases and become strict on inspections and cancel half the new business written. Then a new storm will hit and they will fold or they will go insolvent before a storm even comes. Rinse, repeat

If you are in Louisiana you will have to just get use to shopping your policies every year to 3 years if you aren’t doing it already
This post was edited on 4/2/22 at 11:09 am
Posted by lepdagod
Baton Rouge
Member since Jan 2015
5529 posts
Posted on 4/2/22 at 11:05 am to
quote:

Then why aren't the vast majority of states direct action?


Because they aren’t … I mean it’s the same reason weed laws vary state to state… states decide at the state level… i understand your point though but insurance companies not exactly on the right side of these argument
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40252 posts
Posted on 4/2/22 at 11:06 am to
quote:

The concept of funding escapes most. Of course someone pays... guess who? It isn't the state or the insurance companies. The costs get passed down to the consume


Right. Either it's a government bailout or it's being funded by policyholders anyways.

And I feel like the presence of it probably allows more insurers to be comfortable writing policies, which is good, as long as they are not irresponsible and the fund collapses.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40252 posts
Posted on 4/2/22 at 11:08 am to
quote:

an insurance policy against liability is not issued primarily for the protection of the insured but for the protection of the public.” (Davies v. Consolidated Underwriters, 6 So.2d 351 (La. 1942).)



The public needs to be protected from liability.

The public should not profit from liability.
Posted by lepdagod
Baton Rouge
Member since Jan 2015
5529 posts
Posted on 4/2/22 at 11:09 am to
quote:

Placing an insurance company as the defendant in a two party tort case seems pretty jacked.


Explain this comment… because the law requires you to carry insurance no matter how financially sound a person is for a reason… if said insurance company takes the risk to employ said driver what is the responsibility of said insurance company???
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40252 posts
Posted on 4/2/22 at 11:12 am to
quote:

Insurers are leaving the state because of the absolute insane litigation climate. The plaintiff bar can demonize them and call them liars all day long, but that really isn’t going to mean much when they are gone and we are all LA citizens insureds. Louisiana is a shithole because of litigation. It distinguishes us more than any other factor.


It's a cycle.

The more litigation we have, the more insurers dig in and refuse to pay even reasonable claims, which results in more litigation, etc.

If the litigation, especially in auto liability, could focus on making people whole, as opposed to making people better off than they were, we would fix a lot of these issues.

I've been in two auto accidents in almost 10 years, hit by someone, and the process to get things handled has taken significantly longer than necessary, to the point where both times I considered hiring an attorney. All I wanted was my car fixed and medical bills (which were very few) paid. I didn't even ask for pain/suffering or lost wages.

And both times, you would think I was asking for the kingdom jewels.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112707 posts
Posted on 4/2/22 at 11:20 am to
quote:

Explain this comment… because the law requires you to carry insurance no matter how financially sound a person is for a reason… if said insurance company takes the risk to employ said driver what is the responsibility of said insurance company???


This makes zero sense.

If the policy exists, the policy is there (absent a valid coverage defense).

Tortfeasor gets sued, judgment rendered, insurance company pays the award up to its limits.

There is zero reason the jury needs to know of the existence of the insurance company or the policy.

The fact they do know the insurance is there absolutely influences the damage award.
This post was edited on 4/2/22 at 11:21 am
Posted by lepdagod
Baton Rouge
Member since Jan 2015
5529 posts
Posted on 4/2/22 at 11:30 am to
quote:

There is zero reason the jury needs to know of the existence of the insurance company or the policy. The fact they do know the insurance is there absolutely influences the damage award.


How could they not???… if having car insurance is required by law the first question will always be was that person insured … you legally cannot drive the car without insurance…
Posted by DevilDagNS
Member since Dec 2017
2960 posts
Posted on 4/2/22 at 11:37 am to
quote:

It's a cycle


It’s not. Without meaningful and lasting action by the legislature to curb the insanity, they will leave and not return.

Posted by NOLAVOL16
Member since Jan 2022
898 posts
Posted on 4/2/22 at 11:48 am to
Let’s be blunt here. Living in a hurricane zone, at or below sea level, is not a smart thing to do. These rates should have been jacked up years ago, probably even higher than they are going now. The inevitability of a major claim makes this less “insurance” and more of a prepaid rebuilding fund. Sucks to say that to people involved in paying the piper now, but it’s true.

The funny thing about some of this is that the same people RIGHTFULLY against single payer healthcare are gung ho to have other ratepayers in less disaster prone areas subsidize their home/flood insurance.

I’ve said for years that flood insurance should have a clause that after the second major claim, that property becomes uninsurable. The owner is paid market value for it and they can either rebuild at their own risk or take the cash and let the land go back to nature.
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