Legal Opinion

Joyce Gorman v. City of Opelousas

Supreme Court of Louisiana

Decided July 1, 2014No. 2013-C -1734PublishedCited by 45 opinions

1Opinion of the Court

*890WEIMER, Justice.

_JjAn insurance company seeks review of a decision on the issue of coverage under a claims-made-and-reported policy. The appellate court found that, under the Direct Action Statute, an insurer cannot use the policy’s claim-reporting requirement to deprive an injured third party of a right that vests at the time of injury. After considering the applicable law, we find that the reporting provision in a claims-made-and-reported policy is a permissible limitation on the insurer’s liability as to third parties and does not violate the Direct Action Statute. Accordingly, we reverse…

2Cases cited17 opinions

  1. Peterson v. SchimekSupreme Court of Louisiana · 1999
  2. Hood v. CotterSupreme Court of Louisiana · 2008
  3. West v. Monroe Bakery, Inc.Supreme Court of Louisiana · 1950
  4. Livingston Par. Sch. Bd. v. Fireman's Fund Am. Ins. Co.Supreme Court of Louisiana · 1973
  5. Edwards v. Fidelity & Casualty Co.Louisiana Court of Appeal · 1929

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3Cited by45 opinions

  1. Q Clothier v. Twin City Fire InsCourt of Appeals for the Fifth Circuit · 2022
  2. Rodríguez v. Integrand Assurance Co.Supreme Court of Puerto Rico · 2016
  3. Adler & Sons v. Axis Surplus Ins CoCourt of Appeals for the Fifth Circuit · 2022
  4. Mason v. Shelter Mutual Insurance Co.Louisiana Court of Appeal · 2016
  5. Bilyeu v. National Union Fire Insurance Co. of PittsburghLouisiana Court of Appeal · 2015

40 more not listed; retrieve them via the Exa API.

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