Louisiana Revised Statutes 22:1295.1 – Excluded driver; named insured; liability
Terms Used In Louisiana Revised Statutes 22:1295.1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Policy: means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state, or any binder based on such a policy, insuring a single individual or husband and wife resident of the same household, as named insured, and under which the insured vehicles therein designated are of the following types only:
(a) A private passenger vehicle that is not used as a public or livery conveyance for passengers, nor rented to others. See Louisiana Revised Statutes 22:1266
A. The named insured and the operator of a motor vehicle shall be solidarily liable for the damages caused by the operator’s negligent or intentional act when the operator has been designated as a person excluded from coverage on the motor vehicle liability insurance policy pursuant to La. Rev. Stat. 32:900(L), and the operator is operating the vehicle with the express permission of the named insured.
B. The liability of the named insured provided by this Section shall not exceed the mandatory minimum limits for automobile insurance as provided by La. Rev. Stat. 32:900, unless the named insured has a parent-child or tutorship relationship to the operator, or unless the named insured is otherwise vicariously liable for the acts or omissions of the operator excluded from coverage on the motor vehicle liability insurance policy pursuant to La. Rev. Stat. 32:900(L) or unless the named insured is responsible for the acts and omissions of the operator excluded from coverage on the motor vehicle liability insurance policy pursuant to La. Rev. Stat. 32:900(L).
C. If the operator has been excluded pursuant to La. Rev. Stat. 32:900(L), the insurer shall not be liable, and no liability or obligation of any kind shall result to the insurer for bodily injury, loss, or damage under any coverage of the policy, nor shall the insurer be obligated to provide a defense or pay any costs of defense.
Acts 2014, No. 21, §1.