Louisiana 2023 Regular Session

Louisiana House Bill HB178

Introduced
3/24/23  
Introduced
3/24/23  
Refer
3/24/23  
Refer
3/24/23  
Refer
4/10/23  
Report Pass
4/19/23  

Caption

Provides for venue for actions involving certain insurers

Impact

The proposed amendments to Code of Civil Procedure Article 42(7) remove the strict requirement of filing all actions against foreign or alien insurers in East Baton Rouge, thus aligning it with the general rules of venue. This flexibility is expected to promote efficiency in civil litigation by allowing cases to be filed in jurisdictions that may be more convenient for the parties and witnesses involved. Moreover, it introduces a presumption that filings in East Baton Rouge may not be convenient if another appropriate venue exists, according to Article 123.

Summary

House Bill 178, introduced by Representative Gregory Miller, aims to amend the existing Code of Civil Procedure in Louisiana to provide more flexibility in the venue for actions involving foreign or alien insurers. Previously, the law mandated that such actions be filed exclusively in the parish of East Baton Rouge. This change allows actions to be brought in various venues, including East Baton Rouge or other parishes where proper venue exists according to standard civil procedure rules.

Sentiment

The sentiment surrounding HB 178 appears predominantly supportive, focused on improving the legal process for litigants by reducing unnecessary constraints associated with the existing venue requirement. By allowing alternatives to East Baton Rouge for such cases, proponents argue that it will alleviate burdens on the legal system and provide better access to justice for those involved in litigation against foreign or alien insurers.

Contention

Notable points of contention may arise regarding the implications of the bill for the consistency of legal proceedings across the state. Some critics might express concerns over potential inequities in access to courts depending on the chosen venue. The balance between convenience and the need for a centralized process in complex insurance cases remains a discussion point within the legislative discourse surrounding this bill.

Companion Bills

No companion bills found.

Previously Filed As

LA HB336

Provides relative to venue for certain actions involving uninsured and underinsured motorist policies

LA HB1082

Provides for venue with respect to the Municipal Police Employees' Retirement System

LA SB1975

Relating to venue in certain actions involving a contract for an improvement to real property.

LA HB4170

Relating to venue in certain actions involving private transfer fees for real property.

LA SB11

Provides relative to civil liability and certain actions for nullity involving fraud. (Item #40) (See Act)

LA HB1139

Relating to venue in certain actions involving a contract for an improvement to real property.

LA SF495

A bill for an act relating to nuisance actions against sports or exposition venues.(Formerly SF 279.)

LA SF279

A bill for an act relating to nuisance actions against sports or exposition venues.(See SF 495.)

LA HF230

A bill for an act relating to nuisance actions against sports or exposition venues.(See HF 645.)

LA HB304

Provides relative to venue for claims involving expropriation for carbon capture

Similar Bills

No similar bills found.