Key Takeaways

  • Louisiana historically allowed injured parties to sue liability insurers directly under the Direct Action Statute
  • The Direct Action Statute was significantly amended in 2024 (Act 275), limiting when direct action is allowed
  • Louisiana Citizens Property Insurance Corporation is the state's residual market for property insurance
  • Commercial General Liability (CGL) provides essential protection for Louisiana businesses
  • Professional liability insurance is critical given Louisiana's litigious environment
Last updated: January 2026

Louisiana Liability Insurance and Direct Action

Louisiana has unique liability insurance rules that differ significantly from most other states, particularly regarding the ability of injured parties to sue insurers directly.

Louisiana Direct Action Statute

Historical Background

For decades, Louisiana's Direct Action Statute (La. R.S. 22:1269) was unique in the nation:

Traditional RuleLouisiana's Historical Rule
Sue insured firstCould sue insurer directly
Jury unaware of insuranceJury knew about insurance
Insurer stays in backgroundInsurer was defendant

Why It Mattered

The traditional Direct Action Statute:

  • Allowed plaintiffs to name insurance company as defendant
  • Made juries aware of insurance coverage
  • Potentially increased jury awards
  • Contributed to Louisiana's high insurance rates
  • Was cited as reason for "judicial hellhole" designation

2024 Direct Action Statute Amendment (Act 275)

The New Rule (Effective August 1, 2024)

The amended statute significantly limits when direct action is allowed:

New Default: Injured parties have NO right of direct action against the insurer unless an exception applies.

When Direct Action IS Still Allowed

ExceptionDescription
BankruptcyInsured files for bankruptcy
InsolvencyInsured is insolvent
Cannot serveService cannot be made on insured
Family tortCause of action against family member
UM claimsUninsured motorist claims
Deceased insuredInsured is deceased
Coverage disputeInsurer issues reservation of rights or denial

Other Key Changes

ChangeDescription
No insurer in captionInsurer's name not in lawsuit title
No insurance disclosureJury not told about insurance
Joinder at judgmentInsurer joined when judgment entered
Prescription interruptedSuing insured preserves claims against insurer

Exam Tip: The 2024 amendment to Louisiana's Direct Action Statute significantly changed the law. Injured parties generally can NO LONGER sue insurers directly, with limited exceptions.

Test Your Knowledge

Under the 2024 amendments to Louisiana's Direct Action Statute, when can an injured party sue an insurer directly?

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Louisiana Citizens Property Insurance Corporation

Overview

Louisiana Citizens Property Insurance Corporation (LCPIC) is the state's residual market for property insurance.

History and Purpose

FeatureDescription
Created2003 by Louisiana Legislature
EffectiveJanuary 1, 2004
TypeNonprofit corporation
PurposeResidual market for property insurance
PredecessorLouisiana Insurance Underwriting Plan

Programs Operated

LCPIC operates two main programs:

ProgramCoverage Area
Coastal PlanProperties in coastal areas
FAIR PlanProperties throughout the state

When to Use Louisiana Citizens

Eligibility requirements:

  • Applicant is "entitled to" property insurance
  • Unable to obtain coverage in voluntary market
  • Must demonstrate market rejection
  • Property meets minimum standards

Coverage Available

CoverageDescription
ResidentialHomeowners and dwelling policies
CommercialCommercial property coverage
Perils coveredFire, wind, hail, other named perils
LimitsSubject to program maximums

Participation Requirements

RequirementDescription
Mandatory participationAll property insurers in Louisiana
Condition of licensureRequired to do business in state
Assessment liabilityShare in profits, losses, expenses
ProportionalBased on market share

Depopulation Efforts

The legislature intends for LCPIC to work toward depopulation:

  • Move risks to voluntary market when possible
  • Regular policy reviews
  • Outreach to private insurers
  • Premium incentives for private market

Exam Tip: Louisiana Citizens is NOT insurance of first resort. Applicants must demonstrate they cannot obtain coverage in the voluntary market before qualifying.

Test Your Knowledge

What are the two main programs operated by Louisiana Citizens Property Insurance Corporation?

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B
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Commercial General Liability in Louisiana

CGL Coverage Structure

Louisiana businesses need comprehensive liability coverage to protect against claims.

CoverageDescription
Coverage ABodily injury and property damage
Coverage BPersonal and advertising injury
Coverage CMedical payments

Coverage A - Bodily Injury & Property Damage

Covers:

  • Third-party bodily injury claims
  • Third-party property damage claims
  • Legal defense costs
  • Judgments and settlements

Coverage B - Personal & Advertising Injury

Covers:

  • Libel and slander
  • False arrest
  • Wrongful eviction
  • Privacy violations
  • Advertising injury

Key Exclusions

ExclusionNote
Expected/intended injuryNo coverage for intentional acts
Contractual liabilityLimited coverage
Liquor liabilityRequires separate coverage
Professional servicesRequires E&O policy
PollutionRequires environmental coverage
Auto liabilityCovered under auto policy

Professional Liability in Louisiana

Errors & Omissions Coverage

Given Louisiana's historically litigious environment, professional liability is essential:

ProfessionCoverage Needed
PhysiciansMedical malpractice
AttorneysLegal malpractice
AccountantsAccountants E&O
Insurance agentsAgents E&O
EngineersProfessional liability
ArchitectsProfessional liability

Louisiana Medical Malpractice

Louisiana has a unique medical malpractice system:

FeatureDescription
Patient Compensation FundState fund for excess claims
Cap on damages$500,000 per occurrence (plus PCF)
Medical review panelRequired before lawsuit
Qualified healthcare providersMust participate in PCF

Exam Tip: Louisiana's Direct Action Statute changes are major reforms. Remember that direct action is now LIMITED to specific exceptions, not generally available as before.

Test Your Knowledge

What is unique about Louisiana's medical malpractice system?

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Louisiana Liability Considerations

Comparative Fault Impact

Louisiana's comparative fault rules affect liability insurance claims:

Fault SystemImpact
Pure comparative faultHistorically, any % fault reduced recovery proportionally
2024 Reform51%+ at fault bars non-economic damages

Statute of Limitations

Claim TypeTime Limit
Personal injury1 year from injury
Property damage1 year from damage
Contract10 years
Medical malpractice1 year from discovery (max 3 years)

Important: Louisiana's 1-Year Prescription

Louisiana uses "prescription" (not statute of limitations):

  • Personal injury: 1 year (among shortest in U.S.)
  • Must file suit within 1 year of injury
  • Failure to file = claim barred forever

Joint and Several Liability

Louisiana modified joint and several liability:

  • Defendants liable only for their percentage of fault
  • No defendant pays more than their share
  • Exception for certain intentional torts

Umbrella and Excess Liability

When to Recommend Higher Limits

Louisiana's litigious environment means higher limits are important:

Risk FactorRecommendation
High-value assetsUmbrella coverage
Business operationsExcess coverage
Professional servicesHigher E&O limits
Multiple vehiclesHigher auto limits

Umbrella vs. Excess in Louisiana

FeatureUmbrellaExcess
Drop-down coverageYesNo
Broader coverageSometimesFollows form
Self-insured retentionFor drop-downNone

Exam Tip: Louisiana has a 1-year statute of limitations (prescription) for personal injury and property damage claims - one of the shortest in the nation. Missing this deadline bars the claim forever.

Test Your Knowledge

What is the statute of limitations (prescription period) for personal injury claims in Louisiana?

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D
Test Your Knowledge

Under the 2024 insurance reforms, what happens to a plaintiff who is found to be 51% or more at fault in Louisiana?

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D
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