JARRELL GODFREY JR v. GOAUTO INSURANCE COMPANY AND CRAIG DEWAYNE JONES (2025)

The stated public policy of Louisiana is that all drivers should have insurance. After the case of Landry v. Progressive Insurance Company, 347 So.3d 712 (La. 2022), was wrongfully decided by this court, the Legislature attempted to fix the “gap” in coverage for a non-owned vehicle, with specific reference to the Landry case, by enacting La. R.S. 22:1296.1 entitled “Coverage for drivers of non-owned vehicles; requirements,” yet the “gap” remains.

Under 22:1296.1(A)(2), a fully insured non-permissive driver may well end up with no coverage, no matter how innocent his actions or even if he is a Good Samaritan. A person, and the public, should be able to rely on coverage that has been bought and paid for regardless of the vehicle being driven.

Hughes, J., would grant the writ.