limitation of liability clause in Louisiana

12 Louisiana opinions name it 1 courts 1975–2018 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

Case	Followed	Cited
Tesvich v. 3-A's Towing Co.green lactapp · 1989 · cited in 1 Louisiana opinions naming this issue, 2012–2012 1 sentence 2012See Tesvich v. 3-A’s Towing Co., 547 So.2d 1106 (La.App. 4th Cir.1989), writs denied, 552 So.2d 383 (La.1989), 552 So.2d 384 (La.1989) 24 ; Lombard v. Sewerage and Water Bd. of New Orleans, 284 So.2d 905 (La.1973); Soc’y of Roman Catholic Church of Diocese of Lafayette & Lake Charles, Inc. v. Interstate Fire & Cas.	1	1
Rogers v. Pizza Hutgreen la · 1989 · cited in 1 Louisiana opinions naming this issue, 2012–2012 1 sentence 2012See Tesvich v. 3-A’s Towing Co., 547 So.2d 1106 (La.App. 4th Cir.1989), writs denied, 552 So.2d 383 (La.1989), 552 So.2d 384 (La.1989) 24 ; Lombard v. Sewerage and Water Bd. of New Orleans, 284 So.2d 905 (La.1973); Soc’y of Roman Catholic Church of Diocese of Lafayette & Lake Charles, Inc. v. Interstate Fire & Cas.	1	1
Tesvich v. 3-A's Towing Co.green la · 1989 · cited in 1 Louisiana opinions naming this issue, 2012–2012 1 sentence 2012See Tesvich v. 3-A’s Towing Co., 547 So.2d 1106 (La.App. 4th Cir.1989), writs denied, 552 So.2d 383 (La.1989), 552 So.2d 384 (La.1989) 24 ; Lombard v. Sewerage and Water Bd. of New Orleans, 284 So.2d 905 (La.1973); Soc’y of Roman Catholic Church of Diocese of Lafayette & Lake Charles, Inc. v. Interstate Fire & Cas.	1	1
Johnson v. State Farm Mutual Automobile Insurancegreen arizctapp · 1988 · cited in 1 Louisiana opinions naming this issue, 2001–2001 2 sentences 2001Co., 157 Ariz. 1 , 754 P.2d 330, 331 (App. Div. 2 2/29/99) (interpreting "repair or replace the property or part with like kind and quality", the court stated that "nowhere in the policy does there appear any language which requires [the insurer] either to restore the vehicle to its pre-accident condition or to pay the insured the difference in value after the accident as opposed to before"). [4] Conversely, Campbell argues that the term "repair" as used in the limitation of liability clause encompasses diminished value. 2001Co., 157 Ariz. 1 , 754 P.2d 330, 331 (App. Div. 2 2/29/99) (interpreting "repair or replace the property or part with like kind and quality", the court stated that "nowhere in the policy does there appear any language which requires [the insurer] either to restore the vehicle to its pre-accident condition or to pay the insured the difference in value after the accident as opposed to before"). [4] Conversely, Campbell argues that the term "repair" as used in the limitation of liability clause encompasses diminished value.	1	1
Sewell v. Doctors Hosp.green la · 1992 · cited in 1 Louisiana opinions naming this issue, 1993–1993 1 sentence 1993Section 40:1299.-42(B)(2) states that “a health care provider qualified under this Part is not liable for an amount in excess of $100,000.00 plus interest thereon accruing after April 1, 1991 ...” The policy underlying the Medical Malpractice Act is explained in Sewell v. Doctors Hospital, 600 So.2d 577, 578 (La.1992) as an effort: ... to limit the liability of health care providers who qualify under the Act by maintaining specified basic malpractice insurance and by contributing a surcharge to the Patients Compensation Fund.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Washington Ex Rel. Washington v. McCauley green lactapp · 2011 1 sentence 2018Washington , 62 So.3d at 180 -81 .	1	2018–2018
Lombard v. Sewerage & Water Board of New Orleans green la · 1973 1 sentence 2012See Tesvich v. 3-A’s Towing Co., 547 So.2d 1106 (La.App. 4th Cir.1989), writs denied, 552 So.2d 383 (La.1989), 552 So.2d 384 (La.1989) 24 ; Lombard v. Sewerage and Water Bd. of New Orleans, 284 So.2d 905 (La.1973); Soc’y of Roman Catholic Church of Diocese of Lafayette & Lake Charles, Inc. v. Interstate Fire & Cas.	1	2012–2012
National Labor Relations Board v. Kropp Forge Co. green ca7 · 1950 1 sentence 2011In Anchor Casualty Company v. McCaleb, 178 F.2d 822 (5th Cir.1949), an oil well blew out and spewed oil, gas, sand and mud into the air for more than two days, causing damage to numerous nearby 114property owners.	1	2011–2011
Townsend v. State Farm Mut. Auto. Ins. Co. green lactapp · 2001 1 sentence 2001Based on the validity of the limitation of liability clause, we rejected the insured's arguments that diminished value had to be covered as a "direct and accidental loss." Accord Townsend v. State Farm Mutual Automobile Insurance Company, 34,901 (La.App. 2 Cir. 8/22/01), 793 So.2d 473 .	1	2001–2001
Banner Chevrolet v. Wells Fargo Guard Services green lactapp · 1987 2 sentences 1998Id., at 968 . 1998Id.	1	1998–1998
Crown Zellerbach Corporation v. Ingram Industries, Inc. green ca5 · 1986 1 sentence 1989The underwriters contest these findings and assert that they proved the value of the M/V John XXIII on September 25, 1980 was $150,000.00; the damages suffered by plaintiffs were incurred without the privity or knowledge of the management of 3-A's Towing; and the limitation of liability defense was not stale because the defense was unavailable to defendants prior to the United States Fifth Circuit's decision in Crown Zellerbach Corp. v. Ingram Industries, Inc., 783 F.2d 1296 (5th Cir.1986), cert. den., 479 U.S. 821 , 107 S.Ct. 87 , 93 L.Ed.2d 40 (1986).	1	1989–1989
Mousseau v. Department of the Army green scotus · 1986 1 sentence 1989The underwriters contest these findings and assert that they proved the value of the M/V John XXIII on September 25, 1980 was $150,000.00; the damages suffered by plaintiffs were incurred without the privity or knowledge of the management of 3-A's Towing; and the limitation of liability defense was not stale because the defense was unavailable to defendants prior to the United States Fifth Circuit's decision in Crown Zellerbach Corp. v. Ingram Industries, Inc., 783 F.2d 1296 (5th Cir.1986), cert. den., 479 U.S. 821 , 107 S.Ct. 87 , 93 L.Ed.2d 40 (1986).	1	1989–1989
Gregory Marketing Corp. v. Wakefern Food Corp. green scotus · 1986 2 sentences 1989The underwriters contest these findings and assert that they proved the value of the M/V John XXIII on September 25, 1980 was $150,000.00; the damages suffered by plaintiffs were incurred without the privity or knowledge of the management of 3-A's Towing; and the limitation of liability defense was not stale because the defense was unavailable to defendants prior to the United States Fifth Circuit's decision in Crown Zellerbach Corp. v. Ingram Industries, Inc., 783 F.2d 1296 (5th Cir.1986), cert. den., 479 U.S. 821 , 107 S.Ct. 87 , 93 L.Ed.2d 40 (1986). 1989The underwriters contest these findings and assert that they proved the value of the M/V John XXIII on September 25, 1980 was $150,000.00; the damages suffered by plaintiffs were incurred without the privity or knowledge of the management of 3-A's Towing; and the limitation of liability defense was not stale because the defense was unavailable to defendants prior to the United States Fifth Circuit's decision in Crown Zellerbach Corp. v. Ingram Industries, Inc., 783 F.2d 1296 (5th Cir.1986), cert. den., 479 U.S. 821 , 107 S.Ct. 87 , 93 L.Ed.2d 40 (1986).	1	1989–1989
FMC Corp. v. Continental Grain Co. green lactapp · 1977 1 sentence 1983NOTES [1] For a discussion of gross negligence vis a vis a limitation of liability clause, see FMC Corp. v. Continental Grain Co., 355 So.2d 953 (La.App. 4th Cir.1977), on application for rehearing.	1	1983–1983
Wilson v. Southern Bell Telephone & Telegraph Co. neutral lactapp · 1967 1 sentence 1981The case before us is very similar to the one faced by the court in Wilson v. Southern Bell Telephone and Telegraph Service, Inc., La.App., 194 So.2d 739 (1st Cir. 1967).	1	1981–1981
Federal Ins. Co. v. C & W Transfer & Storage Co., Inc. green lactapp · 1973 1 sentence 1977Co. v. C & W Transfer & Storage Co., Inc., 282 So.2d 563 (La.App. 4th Cir. 1973), refused to validate a limitation of liability clause on a contract of bailment when the bailee's insurer declined payment for losing two oriental rugs.	1	1977–1977
Brister v. American Indemnity Company neutral lactapp · 1975 1 sentence 1975We are reinforced in our conclusion by the recent Third Circuit case of Wilkinson v. Fireman's Fund Insurance Company, 298 So.2d 915 (La.App. 3rd Cir. 1974), and our own case of Brister v. American Indemnity Company, 313 So.2d 335 (La.App. 1st Cir. 1975), which both allowed stacking of uninsured motorist coverages in a single policy and under similar circumstances.	1	1975–1975
Wilkinson v. Fireman's Fund Insurance Co. green lactapp · 1974 1 sentence 1975We are reinforced in our conclusion by the recent Third Circuit case of Wilkinson v. Fireman's Fund Insurance Company, 298 So.2d 915 (La.App. 3rd Cir. 1974), and our own case of Brister v. American Indemnity Company, 313 So.2d 335 (La.App. 1st Cir. 1975), which both allowed stacking of uninsured motorist coverages in a single policy and under similar circumstances.	1	1975–1975

Where else courts name it

TX 22 (1978–2025) NY 21 (1931–2025) CA 17 (1987–2026) GA 13 (1944–2023) OH 12 (1973–2015) LA 12 (1975–2018) MS 11 (1979–2026) PA 10 (1969–2024) IL 9 (1981–2015) IN 8 (1983–2004) NJ 7 (1977–2019) WV 7 (1985–2017) NC 5 (1990–2024) NM 5 (1994–2015) CO 5 (1961–2013) AZ 5 (1977–2023) KS 4 (1993–2009) CT 4 (1992–2002) FL 4 (1963–2011) OR 4 (1930–2022) MA 3 (1995–2018) OK 3 (1992–2006) NE 3 (1997–2025) AL 3 (1993–2005) DE 3 (1977–2019) AR 3 (1992–2013) SD 3 (2002–2002) WA 3 (1999–2002) MT 2 (1973–2017) HI 2 (2009–2017) MI 2 (1969–1986) MO 2 (2009–2013) NH 2 (1986–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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