State Codes and Statutes

Statutes > Louisiana > Rs > Title9 > Rs9-2800.7

§2800.7.  Actions for offenses and quasi offenses; submission of information to commissioner of insurance

NOTE:  §2800.7 repealed by Acts 2010, No. 706, §2, eff. Jan. 1, 2012.

A.  When a suit has been filed in state district court for damages arising from an offense or quasi offense, including but not limited to wrongful death, or redhibition, the clerk of court or an insurer lawfully authorized to transact business in this state shall submit the information as required by this Section to the commissioner of insurance.  The commissioner of insurance, with recommendations from the advisory committee, shall provide for the method of communication of this information.

B.  Within thirty days after suit is filed, the clerk of court shall submit the following information:

(1)  The caption of the suit, and parish where filed if not included in the caption.

(2)  The plaintiffs and defendants named in the suit.

(3)  The nature of the injuries giving rise to the suit.

C.  If a plaintiff or defendant is joined in the suit by means of incidental action, amendment of pleadings, or otherwise, the clerk of court shall submit within thirty days of the date of joinder the suit caption, name of that plaintiff or defendant, and fact of joinder in the suit.

D.  If the suit proceeds to final judgment by trial on the merits or by exception or motion, the clerk of court, within thirty days from the date the judgment becomes definitive, shall submit the following information:

(1)  The caption of the suit, including the parish where filed, and the parties to the suit.

(2)  The judgment of the trial court.

(3)  The placement of any judgment amount awarded to a plaintiff by the trial court, exclusive of interest and costs, in one of the categories listed in Subsection I.

(4)  Whether an appeal was taken and, if so, the outcome of the appeal, including the placement of the judgment amount for a plaintiff into a different category listed in Subsection I.

E.  If the suit is voluntarily dismissed with or without prejudice prior to a final and definitive judgment, the clerk of court within thirty days from the date of dismissal shall submit information showing the caption of the suit, including parish where filed, the parties to the suit, the date suit was filed, and the date of dismissal of the suit.

F.  The commissioner of insurance shall provide forms to the clerk of court for the information required under the provisions of this Section.  The clerk shall require the attorney for the plaintiff to complete the forms for the information required by Subsections B and C.  These forms shall be completed prior to or simultaneously with the delivery to the clerk of the documents to be filed in the suit records.  After completion of the forms by the attorney for the plaintiff, the forms shall be returned to the clerk of court for submission by him to the commissioner of insurance.  The clerk shall be responsible for obtaining the other information required to be submitted by him under the provisions of this Section.

G.  If the suit is settled as to any or all of the parties prior to verdict or prior to a judgment becoming final and definitive, and all or a portion of any settlement is paid by an insurer lawfully authorized to transact business in this state, the insurer shall within thirty days after the date of payment submit to the commissioner of insurance information showing the caption of the suit, parish where filed if not included in the caption, parties to the suit, and the placement of the settlement amount to each plaintiff in one of the categories set forth in Subsection I.  A copy of the information submitted by the insurer to the commissioner of insurance shall be simultaneously transmitted to the attorney for the plaintiff.

H.  A processing fee of five dollars for the clerk of court and five dollars for the office of commissioner of insurance shall be taxed as costs of court in each suit on which the information required by this Section is submitted by the clerk of court.  The fees shall be paid only at the conclusion or dismissal of the suit and shall not exceed a total of ten dollars for each suit.

I.  The categories to be used in the information required by Subsections B, D, and G are:

(1)  Zero.

(2)  More than zero but less than ten thousand dollars.

(3)  Ten thousand dollars or more but less than twenty-five thousand dollars.

(4)  Twenty-five thousand dollars or more but less than fifty thousand dollars.

(5)  Fifty thousand dollars or more but less than one hundred thousand dollars.

(6)  One hundred thousand dollars or more but less than two hundred fifty thousand dollars.

(7)  Two hundred fifty thousand dollars or more but less than five hundred thousand dollars.

(8)  Five hundred thousand dollars or more but less than seven hundred fifty thousand dollars.

(9)  Seven hundred fifty thousand dollars or more but less than one million dollars.

(10)  One million dollars or more but less than two million five hundred thousand dollars.

(11)  Two million five hundred thousand dollars or more.

J.  The information received by the commissioner of insurance under the provisions of this Section shall not be subject to subpoena for any purpose by any court or public or legislative body.  No state official or employee, or clerk of court or employee of a clerk of court, shall be subject to subpoena by any court or public or legislative body for the purpose of providing evidence of information provided or obtained under the provisions of this Section.

K.  The commissioner of insurance shall create an advisory committee to make recommendations on the effective reporting and preservation of the information required by this Section.  The advisory committee may review the information obtained under the provisions of this Section and provide training or guidance to persons reporting or preserving this information.  The advisory committee shall be composed of the commissioner of insurance as chairman of the committee and one representative appointed by each of the following groups:

(1)  The Section on Insurance, Negligence, Compensation and Admiralty Law of the Louisiana State Bar Association.

(2)  The Louisiana Clerks of Court Association.

(3)  The Louisiana Trial Lawyers Association.

(4)  The Louisiana Association of Defense Counsel.

(5)  The Louisiana Association of Business and Industry.

(6)  Insurance companies licensed to do business in this state.

However, if the groups listed above have not made their initial appointments by December 1, 1988, then said appointments shall be made by the commissioner of insurance.

Acts 1988, No. 723, §1, eff. Nov. 1, 1988, and Jan. 1, 1989; Acts 2010, No. 706, §2, eff. Jan. 1, 2012.

{{NOTE:  See Acts 1988, No. 723, §§2 and 3.}}  

State Codes and Statutes

Statutes > Louisiana > Rs > Title9 > Rs9-2800.7

§2800.7.  Actions for offenses and quasi offenses; submission of information to commissioner of insurance

NOTE:  §2800.7 repealed by Acts 2010, No. 706, §2, eff. Jan. 1, 2012.

A.  When a suit has been filed in state district court for damages arising from an offense or quasi offense, including but not limited to wrongful death, or redhibition, the clerk of court or an insurer lawfully authorized to transact business in this state shall submit the information as required by this Section to the commissioner of insurance.  The commissioner of insurance, with recommendations from the advisory committee, shall provide for the method of communication of this information.

B.  Within thirty days after suit is filed, the clerk of court shall submit the following information:

(1)  The caption of the suit, and parish where filed if not included in the caption.

(2)  The plaintiffs and defendants named in the suit.

(3)  The nature of the injuries giving rise to the suit.

C.  If a plaintiff or defendant is joined in the suit by means of incidental action, amendment of pleadings, or otherwise, the clerk of court shall submit within thirty days of the date of joinder the suit caption, name of that plaintiff or defendant, and fact of joinder in the suit.

D.  If the suit proceeds to final judgment by trial on the merits or by exception or motion, the clerk of court, within thirty days from the date the judgment becomes definitive, shall submit the following information:

(1)  The caption of the suit, including the parish where filed, and the parties to the suit.

(2)  The judgment of the trial court.

(3)  The placement of any judgment amount awarded to a plaintiff by the trial court, exclusive of interest and costs, in one of the categories listed in Subsection I.

(4)  Whether an appeal was taken and, if so, the outcome of the appeal, including the placement of the judgment amount for a plaintiff into a different category listed in Subsection I.

E.  If the suit is voluntarily dismissed with or without prejudice prior to a final and definitive judgment, the clerk of court within thirty days from the date of dismissal shall submit information showing the caption of the suit, including parish where filed, the parties to the suit, the date suit was filed, and the date of dismissal of the suit.

F.  The commissioner of insurance shall provide forms to the clerk of court for the information required under the provisions of this Section.  The clerk shall require the attorney for the plaintiff to complete the forms for the information required by Subsections B and C.  These forms shall be completed prior to or simultaneously with the delivery to the clerk of the documents to be filed in the suit records.  After completion of the forms by the attorney for the plaintiff, the forms shall be returned to the clerk of court for submission by him to the commissioner of insurance.  The clerk shall be responsible for obtaining the other information required to be submitted by him under the provisions of this Section.

G.  If the suit is settled as to any or all of the parties prior to verdict or prior to a judgment becoming final and definitive, and all or a portion of any settlement is paid by an insurer lawfully authorized to transact business in this state, the insurer shall within thirty days after the date of payment submit to the commissioner of insurance information showing the caption of the suit, parish where filed if not included in the caption, parties to the suit, and the placement of the settlement amount to each plaintiff in one of the categories set forth in Subsection I.  A copy of the information submitted by the insurer to the commissioner of insurance shall be simultaneously transmitted to the attorney for the plaintiff.

H.  A processing fee of five dollars for the clerk of court and five dollars for the office of commissioner of insurance shall be taxed as costs of court in each suit on which the information required by this Section is submitted by the clerk of court.  The fees shall be paid only at the conclusion or dismissal of the suit and shall not exceed a total of ten dollars for each suit.

I.  The categories to be used in the information required by Subsections B, D, and G are:

(1)  Zero.

(2)  More than zero but less than ten thousand dollars.

(3)  Ten thousand dollars or more but less than twenty-five thousand dollars.

(4)  Twenty-five thousand dollars or more but less than fifty thousand dollars.

(5)  Fifty thousand dollars or more but less than one hundred thousand dollars.

(6)  One hundred thousand dollars or more but less than two hundred fifty thousand dollars.

(7)  Two hundred fifty thousand dollars or more but less than five hundred thousand dollars.

(8)  Five hundred thousand dollars or more but less than seven hundred fifty thousand dollars.

(9)  Seven hundred fifty thousand dollars or more but less than one million dollars.

(10)  One million dollars or more but less than two million five hundred thousand dollars.

(11)  Two million five hundred thousand dollars or more.

J.  The information received by the commissioner of insurance under the provisions of this Section shall not be subject to subpoena for any purpose by any court or public or legislative body.  No state official or employee, or clerk of court or employee of a clerk of court, shall be subject to subpoena by any court or public or legislative body for the purpose of providing evidence of information provided or obtained under the provisions of this Section.

K.  The commissioner of insurance shall create an advisory committee to make recommendations on the effective reporting and preservation of the information required by this Section.  The advisory committee may review the information obtained under the provisions of this Section and provide training or guidance to persons reporting or preserving this information.  The advisory committee shall be composed of the commissioner of insurance as chairman of the committee and one representative appointed by each of the following groups:

(1)  The Section on Insurance, Negligence, Compensation and Admiralty Law of the Louisiana State Bar Association.

(2)  The Louisiana Clerks of Court Association.

(3)  The Louisiana Trial Lawyers Association.

(4)  The Louisiana Association of Defense Counsel.

(5)  The Louisiana Association of Business and Industry.

(6)  Insurance companies licensed to do business in this state.

However, if the groups listed above have not made their initial appointments by December 1, 1988, then said appointments shall be made by the commissioner of insurance.

Acts 1988, No. 723, §1, eff. Nov. 1, 1988, and Jan. 1, 1989; Acts 2010, No. 706, §2, eff. Jan. 1, 2012.

{{NOTE:  See Acts 1988, No. 723, §§2 and 3.}}  


State Codes and Statutes

State Codes and Statutes

Statutes > Louisiana > Rs > Title9 > Rs9-2800.7

§2800.7.  Actions for offenses and quasi offenses; submission of information to commissioner of insurance

NOTE:  §2800.7 repealed by Acts 2010, No. 706, §2, eff. Jan. 1, 2012.

A.  When a suit has been filed in state district court for damages arising from an offense or quasi offense, including but not limited to wrongful death, or redhibition, the clerk of court or an insurer lawfully authorized to transact business in this state shall submit the information as required by this Section to the commissioner of insurance.  The commissioner of insurance, with recommendations from the advisory committee, shall provide for the method of communication of this information.

B.  Within thirty days after suit is filed, the clerk of court shall submit the following information:

(1)  The caption of the suit, and parish where filed if not included in the caption.

(2)  The plaintiffs and defendants named in the suit.

(3)  The nature of the injuries giving rise to the suit.

C.  If a plaintiff or defendant is joined in the suit by means of incidental action, amendment of pleadings, or otherwise, the clerk of court shall submit within thirty days of the date of joinder the suit caption, name of that plaintiff or defendant, and fact of joinder in the suit.

D.  If the suit proceeds to final judgment by trial on the merits or by exception or motion, the clerk of court, within thirty days from the date the judgment becomes definitive, shall submit the following information:

(1)  The caption of the suit, including the parish where filed, and the parties to the suit.

(2)  The judgment of the trial court.

(3)  The placement of any judgment amount awarded to a plaintiff by the trial court, exclusive of interest and costs, in one of the categories listed in Subsection I.

(4)  Whether an appeal was taken and, if so, the outcome of the appeal, including the placement of the judgment amount for a plaintiff into a different category listed in Subsection I.

E.  If the suit is voluntarily dismissed with or without prejudice prior to a final and definitive judgment, the clerk of court within thirty days from the date of dismissal shall submit information showing the caption of the suit, including parish where filed, the parties to the suit, the date suit was filed, and the date of dismissal of the suit.

F.  The commissioner of insurance shall provide forms to the clerk of court for the information required under the provisions of this Section.  The clerk shall require the attorney for the plaintiff to complete the forms for the information required by Subsections B and C.  These forms shall be completed prior to or simultaneously with the delivery to the clerk of the documents to be filed in the suit records.  After completion of the forms by the attorney for the plaintiff, the forms shall be returned to the clerk of court for submission by him to the commissioner of insurance.  The clerk shall be responsible for obtaining the other information required to be submitted by him under the provisions of this Section.

G.  If the suit is settled as to any or all of the parties prior to verdict or prior to a judgment becoming final and definitive, and all or a portion of any settlement is paid by an insurer lawfully authorized to transact business in this state, the insurer shall within thirty days after the date of payment submit to the commissioner of insurance information showing the caption of the suit, parish where filed if not included in the caption, parties to the suit, and the placement of the settlement amount to each plaintiff in one of the categories set forth in Subsection I.  A copy of the information submitted by the insurer to the commissioner of insurance shall be simultaneously transmitted to the attorney for the plaintiff.

H.  A processing fee of five dollars for the clerk of court and five dollars for the office of commissioner of insurance shall be taxed as costs of court in each suit on which the information required by this Section is submitted by the clerk of court.  The fees shall be paid only at the conclusion or dismissal of the suit and shall not exceed a total of ten dollars for each suit.

I.  The categories to be used in the information required by Subsections B, D, and G are:

(1)  Zero.

(2)  More than zero but less than ten thousand dollars.

(3)  Ten thousand dollars or more but less than twenty-five thousand dollars.

(4)  Twenty-five thousand dollars or more but less than fifty thousand dollars.

(5)  Fifty thousand dollars or more but less than one hundred thousand dollars.

(6)  One hundred thousand dollars or more but less than two hundred fifty thousand dollars.

(7)  Two hundred fifty thousand dollars or more but less than five hundred thousand dollars.

(8)  Five hundred thousand dollars or more but less than seven hundred fifty thousand dollars.

(9)  Seven hundred fifty thousand dollars or more but less than one million dollars.

(10)  One million dollars or more but less than two million five hundred thousand dollars.

(11)  Two million five hundred thousand dollars or more.

J.  The information received by the commissioner of insurance under the provisions of this Section shall not be subject to subpoena for any purpose by any court or public or legislative body.  No state official or employee, or clerk of court or employee of a clerk of court, shall be subject to subpoena by any court or public or legislative body for the purpose of providing evidence of information provided or obtained under the provisions of this Section.

K.  The commissioner of insurance shall create an advisory committee to make recommendations on the effective reporting and preservation of the information required by this Section.  The advisory committee may review the information obtained under the provisions of this Section and provide training or guidance to persons reporting or preserving this information.  The advisory committee shall be composed of the commissioner of insurance as chairman of the committee and one representative appointed by each of the following groups:

(1)  The Section on Insurance, Negligence, Compensation and Admiralty Law of the Louisiana State Bar Association.

(2)  The Louisiana Clerks of Court Association.

(3)  The Louisiana Trial Lawyers Association.

(4)  The Louisiana Association of Defense Counsel.

(5)  The Louisiana Association of Business and Industry.

(6)  Insurance companies licensed to do business in this state.

However, if the groups listed above have not made their initial appointments by December 1, 1988, then said appointments shall be made by the commissioner of insurance.

Acts 1988, No. 723, §1, eff. Nov. 1, 1988, and Jan. 1, 1989; Acts 2010, No. 706, §2, eff. Jan. 1, 2012.

{{NOTE:  See Acts 1988, No. 723, §§2 and 3.}}