INC v. TRICHE (2026)

Writ application granted. See per curiam.

The issue presented here has arisen in several recent cases and addresses an amendment to Louisiana's Direct Action Statute, La. R.S. 22:1269. Effective August 1, 2024, La. R.S. 22:1269(B)(4), in pertinent part, provides:

(a) An insurer shall not be included in the caption of any action brought against the insurer pursuant to this Section. The action shall instead be captioned only against the insured defendant or other noninsurance defendants.

(b) A court shall not disclose the existence of insurance coverage to the jury or mention such coverage in the jury's presence unless required by Code of Evidence Article 411. [Emphasis added.]

In accordance with the language of La. R.S. 22:1269(B)(4)(a), plaintiffs did not include the insurer's name in the caption of the petition. However, in paragraph VII of the body of the petition, plaintiffs disclosed that Zurich American Insurance Company (“Zurich”) was the insurer of defendant E S & H, Inc. Relying on the amended statute, E S & H moved to strike this paragraph. The trial court denied the motion to strike, and the court of appeal denied a related writ application. In a brief disposition, the court of appeal found no error in the trial court ruling, noting that La. R.S. 22:1269(B)(4)(b) “does not specifically prohibit an insurer from being named in the body of the petition.”

As written, La. R.S. 22:1269(B)(4)(a) is clear that an insurer shall not be included in the caption. “When the wording of a Section is clear and free of ambiguity, the letter of it shall not be disregarded under the pretext of pursuing its spirit.” La. R.S. 1:4; see Bergeron v. Richardson, 20-1409, p. 9 (La. 6/30/21), 320 So.3d 1109, 1116 (“Because of Louisiana's civilian tradition, Louisiana courts must begin every legal analysis by examining primary sources of law, consisting of the constitution, codes, and statutes.”). It is undisputed that the insurer is not included in the caption of the action. While La R.S. 22:1269(B)(4)(b) does not prohibit an insurer from being named in the body of the petition, La. R.S. 22:1269(B)(4)(b) does provide that a court “shall not disclose” the existence of insurance to a jury. See La. R.S. 1:3 (“The word ‘shall’ is mandatory[.]”); see also Louisiana Municipal Association v. State, 04-0227, p. 36 (La. 1/19/05), 893 So.2d 809, 837 (“courts are bound to give effect to all parts of a statute and cannot give a statute an interpretation that makes any part superfluous or meaningless[.]”). In the event the pleading is published to the jury, the insurance information shall be redacted.

The case is remanded to the trial court for further proceedings consistent with this opinion.

WRIT GRANTED, AFFIRMED, REMANDED.

Guidry, J., dissents and would grant and docket. Penzato, J., dissents and would grant and docket.