December, 2007

• The Louisiana Supreme Court recently limited its prior holding in Duncan v. USAA Ins. Co., 06-363 (La. 11/29/06), 950 So.2d 544, rehg. denied, 2/16/076, in which it had held that the UM rejection form was invalid because of the absence of a policy number on the UM waiver form. The law in Louisiana is now that the lack of a policy number does not invalidate the form if the policy number is not available at the time the rejection form is signed. Carter v. State Farm Mutual Auto. Ins. Co., 07-1294 (La. 10/05/07), 964 So.2d 375.



• One Louisiana Appellate Court maintains that, even though it would not support a claim of spoliation of the evidence, the inadvertent breach of a statutory duty to preserve records is actionable in negligence. Longwell v. Jefferson Parish Hosp. Serv. Dist. No. 1, 07-259 (La. App. 5 Cir. 10/16/07), 2007 WL 3015260. This ruling is contrary to prior Louisiana cases that have refused to recognize the tort of negligent spoliation of evidence.



• Louisiana law permits a neighbor who is deprived from enjoying its property to recover damages from the offensive neighbor. La. C.C. art. 667. Under this article, a Louisiana appellate court has refused to find liability on a non-resident lessor-owner for excessive noise emanating from the leased premises. Yokum v. 615 Boubon Street, L.L.C., 06-1057 (La. App. 4 Cir. 6/20/07), 960 So.2d 1283. Please note the Louisiana Supreme Court recently granted writs on this res nova issue.

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