Insurance Agent Liability And Applicable Standard Of Care

Here is a recent article from National Underwriter magazine about insurance agent standard of care and liability, including a discussion of the recent Hurricane Katrina-related Leonard case in Mississippi and the less recent Harts v. Farmers Insurance case in Michigan.  I was among the people National Underwriter interviewed for the story and am quoted in it.

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One Response to Insurance Agent Liability And Applicable Standard Of Care

  1. RE: Uninsured motorists, deadman statutes, barring witnesses from testifying
    Is Louisiana’s uninsured motorist statute regarding hit-and-runs that require witnesses be independent and disinterested the only statue of its kind in the USA?
    Louisiana’s uninsured motorist statute requires special evidentiary rules where the driver successfully evades a hit-and-run driver but runs off the road or into some object [R.S. 22:1406(D)(1)(f)& R.S. 22:680(1)(f)]. Only witnesses who are independent and disinterested may testify in these “miss-and-run” accidents. One circuit even requires the witness be an eyewitness. As far as I can tell, no other state restricts witnesses in uninsured motorist suits like this.
    Once, the English common law barred interested persons from testifying in any suit and this law was repealed in the early 1800s and, here, in the late 1800s. Remnants of the law persist in “deadman statutes”. These are bars on interested persons testifying in their suits regarding a transaction with a person who later dies. About eighteen states have deadman statutes.
    It appears Louisiana is bucking the trend by expanding bars to witnesses testifying to include interested persons involved in miss-and-runs. Is Louisiana’s uninsured motorist statute regarding hit-and-runs that require witnesses be independent and disinterested the only statue of its kind in the USA?