Opinion

Courville v. Allied Professionals Insurance Co.

  • 2013 La.App. 1 Cir. 0976
  • 174 So. 3d 659
  • 2015 La. App. LEXIS 1176
Court
Louisiana Court of Appeal
Filed
Jun 5, 2015
Status
Published
Author
McClendon
On the bench
McClendon, McDonald, Pettigrew
Cited by
14 cases
Authority
More cited than 17.4%

discussing § 22:868 and finding that “Louisiana has enacted a statute that effectively prohibits the enforcement of arbitration provisions in the context of insurance disputes”

How later courts described this case

  • discussing § 22:868 and finding that “Louisiana has enacted a statute that effectively prohibits the enforcement of arbitration provisions in the context of insurance disputes”
  • "In ruling on a motion to compel arbitration, the court must first determine whether the parties agreed to arbitrate the type of claim that is at issue."

Written by the judges who cited it.

The opinion

McCLENDON, J.,

dissenting in part.

hi dissent to the extent the majority adopts the expansive and overly broad interpretation of the Liability Risk Retention Act as set forth in Wadsworth v. Allied Professionals Insurance Company, 748 F.3d 100 (2nd Cir.2014). I do not find that LSA-R.S. 22:1269 (direct action statute) and LSA-R.S. 22:868 (anti-arbitration statute) directly or indirectly regulate the operation of Allied Professionals Insurance Company, a Risk Retention Group, Inc. See Sturgeon v. Allied Professionals Insurance Company, 344 S.W.3d 206 (Mo.App.2011) and National Home Insurance Company v. King, 291 F.Supp.2d 518 (E.D.Ky.2003).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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