Louisiana 2020 2020 Regular Session

Louisiana House Bill HB148 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 148 Original	2020 Regular Session	Mike Johnson
Abstract:  Provides venue for damages arising from delictual actions to be in the parish where any
defendant resides or where the cause of action arose.
Present law (C.C.P. Art. 42) provides the general rules of venue for individuals, partnerships, and
foreign and domestic corporations and limited liability companies.
Present law (C.C.P. Art. 73) provides that in actions against joint and solidary obligors, venue is
proper where the plaintiff is domiciled if the parish of the plaintiff's domicile would be proper under
C.C.P. Art. 76 or R.S. 13:3203.
Present law (C.C.P. Art. 76) provides that actions on a health or accident insurance policy may be
brought in the parish where the insured is domiciled or where the accident or illness occurred.
Present law (R.S. 13:3203) provides that venue is proper in the parish where the plaintiff is
domiciled or any parish of proper venue for  nonresidents causing injury or damages in this state by
offenses or quasi-offenses.
Present law (R.S. 22:1269) provides that an injured person or his survivors and heirs shall have a
right of direct action against the insurer.  The action is proper in the parish where the injury occurred
or against the insurer under C.C.P. Art. 42. 
Present law (R.S. 22:1295.1) provides that the named insured of an uninsured motorist policy and
the operator of a motor vehicle shall be solidarily liable for damages caused by the operator's
negligent or intentional act when the operator is excluded from coverage on the motor vehicle
liability insurance policy pursuant to R.S. 32:900(L).
Proposed law supersedes present law (C.C.P. Art. 42, 73, and 76, R.S. 13:3203, and R.S. 22:1269
and 1295.1) for damages arising from delictual actions.
(Amends C.C.P. Art. 74)