Supreme Court of Louisiana
Police Jury of Calcasieu Parish v. Indian Harbor Insurance Co.
October 25, 2024
Summary
The court answered three certified Louisiana-law questions concerning arbitration clauses in insurance policies issued to a political subdivision. It held that the 2020 amendment permitting certain forum or venue-selection clauses did not repeal the statutory prohibition on arbitration clauses, that insurance policies issued to political subdivisions are public contracts subject to the statutory prohibition on out-of-state forums and foreign law, and that domestic insurers cannot use equitable estoppel to circumvent the anti-arbitration statute. The second estoppel question was moot because estoppel was unavailable under the governing positive law.