Lawsuit Abuse Reform Must Go Further in Louisiana

By Jeff Arnold, former Chair, Louisiana House Judiciary Committee

Anyone who drives a car in Louisiana surely welcomed last November’s announcement that state Insurance Commissioner Tim Temple had approved reductions in premiums for two AllState auto insurance companies. Over 12,000 drivers will see reductions that range (on average) from 7.6% to 15%.

These reductions represent a simple case of cause and effect – and a promising path forward.

AllState’s reduced rates follow the state’s efforts to rein in lawsuit abuse and insurance fraud. In a statement released by Insurance Commissioner Tim Temple, an AllState representative directly linked the premium reductions to the lawsuit abuse reform efforts. 

Before last year’s legal reform legislation, Louisiana drivers had endured years of steadily rising auto insurance premiums, with Louisiana remaining the least affordable state in the nation for personal auto insurance. The legal environment was so inviting for bad actors that many insurers left the state altogether, reducing competition and further driving costs higher.

A study by the Perryman Group calculated the economic impact of excessive legal costs at $1.9 billion statewide. The combination of frivolous lawsuits and fraud killed nearly 20,000 jobs and cost citizens a total of $1.2 billion – driving up the costs of goods and services so that every household in the state essentially pays a hidden “lawsuit tax” of more than $4000. Lawsuit abuse has forced the trucking industry to pay higher insurance premiums on fleet vehicles – an expense that shows up in cost increases for the goods those trucks ship.

Industry groups and policy analysts argue that Louisiana’s coastal litigation climate has discouraged investment in the state’s energy sector. Since the first wave of coastal lawsuits was filed in 2013, Louisiana has experienced significant declines in offshore reserves, production, and energy-sector employment relative to national trends, according to a 2025 report on the economic impact of coastal litigation.

While the 2025 lawsuit abuse reform legislation established a signal that Louisiana is taking the problem seriously, we must do more. Only by continuing to build on these reforms will we maintain the progress made and keep the momentum going.

Gov. Jeff Landry, along with Commissioner Temple, has proposed several measures to do so. For example, the civil legal system still suffers from a lack of transparency, particularly in terms of medical damages. Unclear medical treatment costs can drastically and artificially inflate awards and settlement amounts. Sensible reforms must ensure transparency in medical billing and damages calculations to ensure fairness in plaintiff awards.

Smart reforms must also crack down on third-party litigation funding – a process where attorneys work on contingency, financed by loans taken out on behalf of the plaintiff. This process ensures trial lawyers get paid, but plaintiffs can be left watching their settlement evaporate, paying off legal debt.

Further critical measures may include putting a stop to “venue-shopping,” a practice where trial attorneys try to change a trial’s location to ensure the most favorable jury. 

Reforms might also establish strong minimum standards for the “expert witnesses” attorneys call during a trial. This would help foster verdicts based on a sound, scientific, and factual basis – rather than emotional appeals made by courtroom performers who play to a jury.

In addition to measures that close loopholes, Louisiana must also continue to track down those who exploit the system’s inherent laxity to commit fraud. The Department of Insurance (LDI) has started this process with a 30% staff increase to fight high-tech fraud and aggressive act
ions against companies associated with staged accident rings. LDI has also investigated out-of-state law firms and contractors who engage in fraudulent claims and deceptive trade practices.

For now, some Louisianans will get some measure of relief when they pay this year’s car insurance bills. After seeing such an impact of an important first step, why stop now?

Jeff Arnold

Former Chair, House Judiciary Committee

Louisiana Legislature

504-812-8651

jeffarno@yahoo.com