The Louisiana Supreme Court has ruled unanimously that new laws extending the deadline for policyholders to sue their insurers are constitutional due to the extraordinary circumstances resulting from Hurricanes Katrina and Rita.

In his opinion, Chief Justice Chet Traylor said the laws extending the filing period are "based on a significant and legitimate public purpose." Two days earlier, a lower state court upheld the constitutionality of the extension laws, after which the Louisiana attorney general asked the state Supreme Court for a definitive ruling even though he had won the case.

Allstate, among the companies protesting the extension, sought unsuccessfully to move the review to federal court. Insurers argued that any laws changing contract terms after the fact would not be helpful in general for the business climate.

Want to continue reading?
Become a Free PropertyCasualty360 Digital Reader

Your access to unlimited PropertyCasualty360 content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Breaking insurance news and analysis, on-site and via our newsletters and custom alerts
  • Weekly Insurance Speak podcast featuring exclusive interviews with industry leaders
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the employee benefits and financial advisory markets on our other ALM sites, BenefitsPRO and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.