FAQs

Louisiana’s Direct Action Statute La. R.S. 22:1269 allows a plaintiff to name a liability insurer directly only in specific circumstances, such as the insured’s bankruptcy or insolvency, unsuccessful service of process, or when the insurer is defending under a reservation of rights. The statute was substantially revised in 2024 to narrow when an insurer may be named directly.

Under Louisiana Civil Code Art. 2323, fault is allocated among all parties who contributed to an injury. Effective January 1, 2026, Louisiana adopted a modified comparative fault system for injuries that happen on or after that date. A party found 51% or more at fault cannot recover damages. A party found 50% or less at fault can still recover, but the award is reduced by that party’s share of fault. Injuries from before January 1, 2026, are still governed by the old rule, which let a party recover money based on the percentage of fault.

We are based in Lafayette, with an office in New Iberia. We handle insurance defense and commercial litigation matters throughout Acadiana, including the 15th Judicial District Court (Lafayette, Acadia, and Vermilion parishes), the 16th Judicial District Court (Iberia, St. Martin, and St. Mary parishes), and Calcasieu Parish, Avoyelles Parish, Rapides Parish, Evangeline Parish, St. Landry Parish, Allen Parish, Jefferson Davis Parish, East Feliciana Parish, Orleans Parish, East and West Baton Rouge Parish, and Vernon Parish.