St. Bernard Police Jury v. Murla

I agree with the majority that the judgment against the St. Bernard Parish Police Jury should be reversed. Not only were all the decisions concerning the filing of the disputed claim made by LIGA, but also, St. Bernard is an insured employer, and as such, cannot legally be assessed attorney’s fees under the law in effect at the time of the accident. See La. Rev. Stat Ann.23:1201.2 (West 1994); Pitre v. Al Johnson Construction Co., 94-290 (La.App. 3 Cir. 10/5/94), 651 So.2d 301.

However, I disagree with the majority’s decision to cast LIGA in judgment for the following reasons.

First, the…