Judge: Louisiana Law Applies

Texas Brine asserted in an emailed statement to Insurance Journal, that “Liberty filed in Texas despite the fact that the sinkhole occurred in Louisiana, and all the other claimants and claims are in Louisiana. Texas Brine filed its complaint with the Louisiana Department of Insurance because Liberty has not honored its policy obligations. In contrast, the underlying carriers, Zurich, American Guarantee, Arch, and Westchester all settled and paid claims under their policies.”

In a Sept. 19 judgment, Judge Alvin Turner, Jr. of the Twenty-Third Judicial District Court for the Parish of Assumption cited Pareti v. Sentry Insurance Company in finding that Liberty Insurance Underwriters Inc. (LIUI) owes a fiduciary duty to Texas Brine and said Louisiana law governs “the enforcement and application of the LIUI excess insurance policy issued to Texas Brine.”

Topics Texas Legislation Louisiana