Joyce Gorman v. City of Opelousas

Lin this matter, we are presented with the issue left unanswered in Anderson v. Ichinose, 98-2157, n. 7 (La.9/8/99), 760 So.2d 302, 306, n. 7, of “whether a claims-made insurer may raise, in an action by the victim of the insured’s tort, the defense of a non-prejudicial failure of the timely notified insured to give notice to the insurer during the policy period.” Because I disagree with the legal resolution of this issue by the majority, I respectfully dissent.

In Anderson, with Justice Lemmon as organ for the court, we held claims-made policies do not violate public policy in a situation…