Joyce Gorman v. City of Opelousas
Supreme Court of Louisiana
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
- Peterson v. SchimekSupreme Court of Louisiana · 1999
- Hood v. CotterSupreme Court of Louisiana · 2008
- West v. Monroe Bakery, Inc.Supreme Court of Louisiana · 1950
- Livingston Par. Sch. Bd. v. Fireman's Fund Am. Ins. Co.Supreme Court of Louisiana · 1973
- Edwards v. Fidelity & Casualty Co.Louisiana Court of Appeal · 1929
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3Cited by45 opinions
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- Rodríguez v. Integrand Assurance Co.Supreme Court of Puerto Rico · 2016
- Adler & Sons v. Axis Surplus Ins CoCourt of Appeals for the Fifth Circuit · 2022
- Mason v. Shelter Mutual Insurance Co.Louisiana Court of Appeal · 2016
- Bilyeu v. National Union Fire Insurance Co. of PittsburghLouisiana Court of Appeal · 2015
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