State litigation guide · Louisiana

Storm Damage Lawsuit in Louisiana

Time limits apply in Louisiana. Find out if you still qualify.

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Statute of limitations — Louisiana

Louisiana: 10 years from breach for breach of contract (La. Civ. Code art. 3499); bad faith penalties under La. R.S. 22:1892 (25% penalty) and La. R.S. 22:1973 (2x damages)

10 years from denial/underpayment (breach of contract)

Filing venue

Where to File in Louisiana

Louisiana storm damage lawsuits are filed in District Court in the parish where the property is located or where the insurer's principal office is situated. The Louisiana Department of Insurance (LDI) accepts consumer complaints and investigates insurer practices. Louisiana's dual bad faith penalty statutes are among the strongest in the nation: La. R.S. 22:1892 imposes a 25% penalty plus attorney fees for failure to pay undisputed amounts within 30 days, while La. R.S. 22:1973 allows up to 2x the amount due for arbitrary and capricious denial. Orleans Parish, Jefferson Parish, East Baton Rouge Parish, and Calcasieu Parish courts handle the highest volume of hurricane claim disputes. Federal court removal is common when the insurer is domiciled out of state and the amount in controversy exceeds $75,000.

Louisiana data

Exposure in Louisiana

Hurricane Ida (2021) total insured losses in Louisiana — the fifth-costliest U.S. hurricane by insured losses

$36B

Source: Swiss Re / Insurance Information Institute 2022

Louisiana law (La. R.S. 22:1892) imposes an automatic 25% penalty plus attorney fees on insurers that fail to pay undisputed claim amounts within 30 days

25% penalty

Source: La. R.S. 22:1892

Number of Louisiana property insurance carriers that became insolvent or withdrew from the market between 2020-2024, leaving policyholders scrambling for coverage

12 carriers

Source: Louisiana Department of Insurance 2024

Average Louisiana homeowner premium increase in 2023-2024 — many coastal parishes saw increases exceeding 50%

30% increase

Source: LDI Rate Filing Data 2024

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