Deborah Trotter worked with me in New Orleans after Hurricane Katrina. Most of my time was spent arguing in the Port of New Orleans. She tried to explain to me how codes were dominant, and that Louisiana's common law took second place in civil law – which means what was written in the codes.
This is how the Louisiana State Law School Library explains the historically unique character of the Louisiana Law:
French law is a civil law system; the French legal system is based entirely on written civil law. Civil law systems are largely based on a code of law. The basis of the French legal system is the Napoleonic Code or Civil Code which encapsulated the rights and obligations of citizens and laws on contracts, property, inheritance and so on. Civil law remains the basis of French law to this day. In scientific terms, French law can be divided into two sections: private law (or "droit prive" ") and public law (" droit public "). French private law governs individuals and private bodies, while French public law governs the state and public bodies.  On the other hand, the general legal systems are largely based on precedents. Common law tradition originated in England during the Middle Ages and applied in British colonies. Although Community jurisdictions rely on certain scattered statutes, which are legislative decisions, they are largely based on precedents, meaning the judicial decisions that have already been taken in similar cases are maintained over time in trials and documented in collections of case law known as yearbooks and reports, the precedents to be applied in decisions in each new case is decided by the judge. As a result, judges play a huge role in shaping American and British law.
Louisiana is the only civil jurisdiction in the United States. Louisiana derives its civil justice system from its colonial past as the possession of two civil law countries, Spain and France. It may be better to think of Louisiana's legal system as a hybrid of both civil and common legal influences. Specifically, Louisiana's private law or substantive law between private parties is mainly contractual and tort law based on French and Spanish civil law as well as Roman law with certain common legal influences. Louisiana's criminal law is directly based on common US law. Louisiana's administrative law is affected by the US Federal Government. The Louisiana Code of Civil Procedure complies with United States federal rules of civil procedure.
It should come as no surprise that Louisiana real estate insurance laws are very similar to most states but still have their own unique differences. For example, while valuation is an accepted method of resolving disputes, valuers must register with the Department of Insurance.
The language of a Louisiana standard fire insurance policy includes a provision for the use of an appraiser in the event of disagreement between the insurer and the insured over the value or amount of the loss. This provision is found in 22: 1311 (F) (2). According to Act 96 of the regular legislative session for 2012, every person who assesses in accordance with this provision must be registered with the department.
Registration Form for Evaluators
The initial registration fee is $ 55. The registration is valid for 12 months from the registration date. The fee for renewing a registration is $ 50.
The determination of whether an appraiser is an authorized and uninterested party will be made by the party using the appraiser. All qualifications provided in this registration application will be made available to the public on the department's website to assist both insurance companies and insured persons in selecting an appraiser.
Public adjusters can also be registered as valuers; however, an individual cannot act as a public adjuster and an appraiser for the same claim.
I came across a PowerPoint from a lawyer from the insurance company who suggested that even if public adjusters could not act as assessors in the same case, they were retained. then the insurance company's adjuster can act as a valuer. Louisiana and Hurricane Laura will be different.
Please join me later today for Chip @ 2 where we will discuss many issues about how Hurricane Laura handles damages and the Louisiana Real Estate Insurance Act.
Thought of the day
One of these days the people of Louisiana will have a good government – and they will not like it.