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re: Louisiana may now rest easy- the torts have been reformed
Posted on 6/30/20 at 8:56 pm to theronswanson
Posted on 6/30/20 at 8:56 pm to theronswanson
Not worried in the least about any leopard eating my face. If I need a plaintiff atty for any reason, I know who not to use and who to use. Anyone on tv or billboards are automatically checked off the list. Or has an helicopter pad on top of his building. And it's just as easy to find a good physician vs a whore physician.
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Posted on 6/30/20 at 8:58 pm to boosiebadazz
quote:
Let the rate decreases flow
This won’t affect rates in any meaningful way
Posted on 6/30/20 at 8:59 pm to Draconian Sanctions
quote:
The 2 year prescriptive period is the thing that made the most sense of all the proposals
it literally does wonders for both sides
Posted on 6/30/20 at 9:04 pm to SlowFlowPro
We may just file suit the day it comes in the door to let judicial interest begin running on the $15,000 claim to be heard by a jury. By the time it’s heard in 2022, that’s now a 25,000 claim with the added 40% premium on the collateral source.
And ronswanson is right, we’re also going to be getting bad faith exposure claims assigned to us. Offers for policy limits will be forthcoming every week. Pepper the file.
And ronswanson is right, we’re also going to be getting bad faith exposure claims assigned to us. Offers for policy limits will be forthcoming every week. Pepper the file.
This post was edited on 6/30/20 at 9:06 pm
Posted on 6/30/20 at 9:06 pm to boosiebadazz
quote:
We may just file suit the day it comes in the door to let judicial interest begin running on the $15,000 claim to be heard by a jury. By the time it’s heard in 2022, that’s now a 25,000 claim with the added 40% premium on the collateral source.
Posted on 6/30/20 at 9:10 pm to Tornado Alley
Why not though? What’s the upside of holding it? Adjusters know it’s a whole new ballgame too
This post was edited on 6/30/20 at 9:10 pm
Posted on 6/30/20 at 9:10 pm to boosiebadazz
The lowering of the amount in controversy to $10,000 to obtain a jury trial is the most important aspect in all of this. Louisiana is and has been the outlier in this regard in civil litigation for 100 years. Go look at the other states‘ jury thresholds.
Posted on 6/30/20 at 9:17 pm to beachdude
Except when the business lobby moved to have the threshold raised in the 1970’s because “Louisiana juries were out of control”
Your rates are high because we have a bunch of poor people driving with minimum limits if they have insurance at all. And if they don’t and they’re caught, it’s a slap on the wrist.
This will hurt the mills like Gordon and Morris and that’s fine, but will do nothing to lower rates any appreciable amount. Even a 10% decrease (which LABI would not commit to) brings us in as 4th highest rates in the country.
If you want real reform you should have attacked it from the underwriting, regulatory, and legal system angles. All play a part in rates. We just got one of those three.
Your rates are high because we have a bunch of poor people driving with minimum limits if they have insurance at all. And if they don’t and they’re caught, it’s a slap on the wrist.
This will hurt the mills like Gordon and Morris and that’s fine, but will do nothing to lower rates any appreciable amount. Even a 10% decrease (which LABI would not commit to) brings us in as 4th highest rates in the country.
If you want real reform you should have attacked it from the underwriting, regulatory, and legal system angles. All play a part in rates. We just got one of those three.
Posted on 6/30/20 at 9:17 pm to Tornado Alley
quote:
We don’t, pretty much ever.
Juries force both sides to get real about their case.
The point of bad faith is that one side wasn’t real about their case until it was too late. And when dealing with minimum limits policies and juries that’s a dangerous and potentially expensive game. I’m not saying it happens often but when it does the bad faith damages are high.
Posted on 6/30/20 at 9:19 pm to boosiebadazz
quote:
Your rates are high because we have a bunch of poor people driving with minimum limits if they have insurance at all. And if they don’t and they’re caught, it’s a slap on the wrist.
Texas has massive amounts of uninsured drivers. Louisiana may be a poor state but it's pretty comparable to MS, AL, AR etc. Why do we have big insurance cost discrepancies with those states?
Posted on 6/30/20 at 9:35 pm to boosiebadazz
quote:
Your rates are high because we have a bunch of poor people driving with minimum limits if they have insurance at all. And if they don’t and they’re caught, it’s a slap on the wrist.
Is it that much different in the 49 other states that have lower rates?
Posted on 6/30/20 at 9:42 pm to boosiebadazz
quote:
the added 40% premium on the collateral source.
You keep saying this. What is this?
ETA: never mind I see it now. What a got damn ridiculous thing this is. Unbelievable.
This post was edited on 6/30/20 at 9:47 pm
Posted on 6/30/20 at 9:51 pm to theronswanson
I'll sleep just fine in my big house that I'll have from preparing every case to protect insureds against a possible excess judgment. Just let the billable hours rain!!!
Posted on 7/1/20 at 5:51 am to The Johnny Lawrence
quote:
I’ll sleep just fine in my big house that I'll have from preparing every case to protect insureds against a possible excess judgment
The possibility of losing my house isn’t what would keep me up
Posted on 7/1/20 at 6:19 am to Northshoretiger87
quote:
Why can a person not file a lawsuit within one year of an accident? This is only fair to a business owner or other driver who has to find witnesses and make a defense.
The main public policy there is you want the plaintiff to have reached MMI (maximum medical improvement) so that any long term disability/impairment can be reasonably estimated. It is not unusual to have surgeries and rehab near or over a year out as a result of serious injuries.
Longer prescriptive periods also arguably have a positive impact on judicial economy since in general, it means fewer lawsuits are filed.
It all comes down to what is a reasonable time for trial balancing the plaintiff and defendant. The idea of a reasonable time varies by US jurisdiction from 1 year to 6 years.
Posted on 7/1/20 at 6:38 am to beachdude
quote:The insurance companies will have to put up a $5,000.00 cash bond to get a jury trial on a $10k case. Ain't happening. There's enough poison pills in this bill that it wont have much of an effect on anybody.
The lowering of the amount in controversy to $10,000 to obtain a jury trial is the most important aspect in all of this. Louisiana is and has been the outlier in this regard in civil litigation for 100 years. Go look at the other states‘ jury thresholds.
JBE snookered those idiots at the last minute...
Posted on 7/1/20 at 7:14 am to boosiebadazz
Most of us don’t know the terminology.
Prescriptive period = statute of limitations Or period to which we have to file a lawsuit. for arguments sake, Currently, Louisiana gives you one year to file a tort lawsuit from date of accident . Now it will go to 2 years. Tort means a wrongful act by someone else to cause you harm.
Prescriptive period = statute of limitations Or period to which we have to file a lawsuit. for arguments sake, Currently, Louisiana gives you one year to file a tort lawsuit from date of accident . Now it will go to 2 years. Tort means a wrongful act by someone else to cause you harm.
Posted on 7/1/20 at 7:16 am to SlidellCajun
quote:
Now it will go to 2 years.
No it won’t. It’s staying at 1 year in the new law
Posted on 7/1/20 at 7:19 am to boosiebadazz
quote:
Why not though? What’s the upside of holding it? Adjusters know it’s a whole new ballgame too
doing some form discovery and depositions are too intense to imagine i say
Posted on 7/1/20 at 7:30 am to TigerGman
Insurance companies are in a bind there. You can't waive the jury without consent of the insured. You can't tell the insured to take a bench trial because of the cost.
I think it's just going to be the cost of doing business and they will adapt to paying for the jury. Most would rather pay the jury bond and pay the defense attorney a few grand to try it before paying that money to plaintiff's counsel.
I think it's just going to be the cost of doing business and they will adapt to paying for the jury. Most would rather pay the jury bond and pay the defense attorney a few grand to try it before paying that money to plaintiff's counsel.
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