This could be the year for tort reform. The omnibus bill and tort reform package is already making a reappearance in the state Legislature.
Rep. Ray Garofalo, R-Chalmette, pre-filed the Omnibus Premium Reduction Act of 2020, or House Bill 9, last week. The bill closely mirrors last year’s package sponsored by then-Rep. Kirk Talbot, R-River Ridge, who now serves in the Senate. Last year’s bill was swiftly passed in the House on a 69-30 vote before stalling in the Senate Judiciary A Committee—a roadblock tort reform advocates are hoping to avoid this year.
Garofalo couldn’t be reached for comment before this afternoon’s deadline. The legislative session begins March 9.
The Omnibus bill seeks to:
• Increase the time allotted to file a lawsuit from one year to two.
• Reduce the jury trial threshold from $50,000 to $5,000.
• Provide for reduced damages paid from collateral sources.
• Remove a rule allowing claims to be filed against the insurance company, rather than by the defendant by name.
Sen. Barrow Peacock, R-Bossier City, was tapped as the new Senate Judiciary A Committee chair and Sen. Jimmy Harris, D-New Orleans, is vice chair. Other committee members are Sens. Heather Cloud, R-Turkey Creek; Cleo Fields, D-Baton Rouge; Jay Luneau, D-Alexandria; Patrick McMath, R-Covington; and Robert Mills, R-Minden; giving the committee four Republicans and three Democrats.
The issue is expected to be a top legislative priority for the new Republican leadership. House Speaker Clay Schexnayder has re-affirmed his commitment to tort reform in multiple interviews since his election to the post.
Luneau has also introduced a number of bills that would change how insurance rates are determined in the state—but none go so far as to reform the state’s legal system that many claim is the underlying factor for the state’s high premiums.
Luneau’s bills would separately prohibit insurance rates from being determined by: gender for those over 25, credit ratings, if the insured is a widow or widower, and whether they’re deployed in the military for more than six months.
Another insurance-related bill, filed by Sen. Sharon Hewitt, R-Slidell, would allow courts to consider whether someone was wearing a seat belt—a provision currently not allowed when mitigating damages.
