Can a Neighbor’s Roof or Downspout Dump Rainwater onto Your Property in Louisiana?

A Louisiana neighbor generally may not arrange a roof so that rainwater falls on the adjoining property. Civil Code article 664 states that rule directly. The harder disputes involve a downspout, gutter, driveway, or grading change that collects water and sends it toward the property line. That is different from rain following the land’s…

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Can You Force a Louisiana Neighbor to Shore Up or Demolish a Building That Is in Danger of Falling?

A Louisiana neighbor does not have to wait for a wall, roof, balcony, chimney, sign, or other construction to collapse before asking a court to act. Civil Code article 661 provides a direct remedy when a building or other construction is in danger of falling. The immediate goal is safety. Leave the danger area…

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Can Your Neighbor Keep a Building That Crosses Your Louisiana Property Line Because You Waited Too Long to Object?

Waiting to object to a building that crosses a Louisiana property line can change the remedy. It does not automatically transfer ownership of the land. Louisiana Civil Code article 670 gives a court discretion to let an encroaching building remain when the builder acted in good faith and the neighboring owner waited an unreasonable…

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If You’re Hurt on a Louisiana Fishing Charter, Was the Captain Required to Carry Commercial Marine Insurance?

A licensed Louisiana fishing-charter guide must carry proof of commercial marine insurance while on the water. The rule applies to both saltwater and freshwater guides. Current Louisiana Department of Wildlife and Fisheries guidance calls for at least $300,000 of liability coverage per occurrence. That requirement answers only the first coverage question. It does not…

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Can Household UM Coverage Pay After a Louisiana Pedestrian Hit-and-Run?

Being on foot does not necessarily put a Louisiana hit-and-run victim outside an auto policy’s uninsured motorist coverage. A named insured or qualifying resident family member may have UM protection while walking, even when the insured car is parked at home. Sharing a household, however, is not enough by itself. The coverage question starts…

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What Happens to My Louisiana Accident Claim if the Other Driver’s Insurance Company Goes Bankrupt?

Your accident claim does not automatically disappear when the at-fault driver’s insurance company fails. If a court formally declares a Louisiana-authorized property and casualty insurer insolvent and orders liquidation, the Louisiana Insurance Guaranty Association, usually called LIGA, may handle qualifying unpaid claims. Its responsibility is limited by statute and by the failed insurer’s policy….

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I Was a Passenger in a Friend’s Car Hit by an Uninsured Driver: Which UM Policy Pays First?

Short answer: When you are injured while riding in a friend’s car, Louisiana generally treats the uninsured motorist coverage on that car as primary. If your damages exhaust that primary coverage, you may use one other UM policy available to you as excess coverage. Louisiana does not ordinarily let you combine every UM policy…

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Does a Louisiana Commercial Auto Policy Automatically Include Uninsured Motorist Coverage?

A large commercial auto liability limit does not tell you whether an injured employee has uninsured motorist coverage. Under Louisiana’s commercial-policy rule effective August 1, 2024, the insured must select that coverage. If there is no selection and no premium payment that includes UM, the law presumes it was not selected. In This Article…

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Louisiana Quietly Changed Its Insurance Bad Faith Law

Louisiana Act 932 changes the defenses available to an insurer facing certain bodily-injury bad-faith claims. Its most difficult provision combines the absence of a settlement offer with an insurer having time to respond. The official digest describes that condition differently from the enacted text. That difference matters when deciding how to make an offer…

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How Do Carrier Insurance Layers Work After a Louisiana Truck Accident?

In Louisiana, the dog’s owner is typically liable for injuries caused by their pet at a dog park. However, park operators, handlers, or other parties may share responsibility depending on the circumstances.The Dog’s Owner Is Generally Liable for a Dog Park AttackLouisiana follows a limited strict liability standard for dog-related injuries under La. Civ. Code…

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What Is an MCS-90 Endorsement (and Does It Help My Truck Accident Case)?

A trucking insurer may deny ordinary policy coverage because the tractor was not listed, an exclusion applies, or the carrier failed to meet a policy condition. An MCS-90 endorsement can matter in that situation. It provides a separate federal payment obligation for certain judgments, subject to the endorsement’s terms and the applicable transportation rules….

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How Much Insurance Does a Trucking Company Have in Louisiana?

For many interstate trucking companies, $750,000 is the familiar minimum liability figure. It is not a reliable answer to the question that matters after a serious crash: how much insurance is actually available for this loss? The answer can change with the carrier’s authority, the vehicle’s weight, the cargo, the companies involved in the…

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Trucking Insurance Limits (FMCSA): How Much Coverage Is There After a Louisiana Truck Crash?

The amount a trucking company must carry is not necessarily the amount available for your claim. A federal filing may identify a required minimum, while the actual policy provides more coverage, contains a disputed exclusion, or shares its limit among several claims from the same crash. To answer the coverage question after a Louisiana…

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Will Using Health Insurance Hurt My Settlement?

Using health insurance can affect a Louisiana injury settlement. Under the current medical-expense statute, payments to a contracted provider can limit the medical expenses recoverable in the claim. A health plan may also seek reimbursement afterward. Those are two separate effects, and both matter when evaluating what you may receive. That does not mean…

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Should You Accept the Property Damage Check Before the Injury Claim Is Done?

You may be able to resolve the damage to your car while an injury claim remains open. Before accepting the money, though, read the check, the accompanying letter, and any release together. A payment described over the phone as “just for the car” can come with written terms that reach further. The practical question…

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