Louisiana Legislature Attempts to prohibit Homeowners insurers from excluding coverage for the intentional acts of the policy holder’s minor child.
There is currently pending, subject to call, Senate Bill 69 by Senator Murray, which, if enacted would prohibit homeowners insurers from excluding from coverage the intentional acts of the policy holder’s minor child. The final passage by the Senate is subject to call and on the Senate calendar for May 26, 2014, Memorial Day. The Louisiana Legislature must adjourn by June 2, 2014, so that the final passage of this bill will apparently be down to the wire.
Louisiana courts have enforced many standard policy exclusions that exclude coverage for the intentional acts of “ANY” insured to exclude coverage for both the parents and the minor child related to the intentional acts of a minor (fights, intentional bodily injury, etc). The proposed law provides:
No homeowner’s policy of insurance shall contain any provisions that exclude coverage for damages resulting from policy holder’s vicarious liability for the intentional acts of their minor child. Any such provision shall be null and void and unenforceable as contrary to public policy.
We are monitoring the activities of the legislature on insurance issues daily.
May 22, 2014