# Broussard v. Dillard Department Stores, Inc.

> Louisiana Court of Appeal · February 15, 2017 · 16 La.App. 3 Cir. 134

URL: https://www.frixlaw.com/law-library/cases/4834950

## Case

- **Full name:** Darline BROUSSARD v. DILLARD DEPARTMENT STORES, INC.
- **Court:** Louisiana Court of Appeal
- **Decided:** February 15, 2017
- **Citations:** 16 La.App. 3 Cir. 134; 211 So. 3d 1269; 2017 La. App. LEXIS 224
- **Precedential status:** Published
- **Opinion:** Dissent by Amy
- **Judges:** Amy, Chatelain, Kyzar, Saunders, Savoie
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4834950

## Opinion text

AMY, J.,
dissenting.
I respectfully dissent from the majority decision. Notwithstanding the parties’ positions regarding subject matter jurisdiction, I point out that the “Motion to Compel Retainer of Licensed Claims Adjuster” relies upon the application of La.R.S. 23:1161.1(A). The statute provides that “[a]ny insurer ... who issues a policy for workers’ compensation in this state shall either establish and maintain a claims office within the state or retain a licensed claims adjuster.” (Emphasis added.)
As represented in the opposition to the writ application, and as observed by the majority, Gallagher Bassett maintains a claims office within Louisiana. Thus, it has fulfilled La.R.S. 23:1161.1(A) by satisfying the first of two methods permitted by the statute. Requiring the respondent to further “retain a licensed claims adjuster” eliminates the statute’s use of the terms “either” and “or[.j” And, by its singular request that the “Employer/Insurer be compelled to retain a licensed claims adjuster, with an office located in the State of Louisiana[,]” the motion to compel simply collapses the two methods of compliance set forth by the statute.
Finding the statute satisfied, I would deny the present writ application.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4834950. Public record. Not legal advice.