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PREMIUM FINANCE CO. v. EMPLOYERS REINSURANCE CORP.

Civ. A. No. 89-1240.

761 F.Supp. 450 (1991)

PREMIUM FINANCE COMPANY, INC., Thomas M. Wright and Robert L. Wright, Sr. v. EMPLOYERS REINSURANCE CORPORATION.

United States District Court, W.D. Lousiana, Alexandria Division.

April 15, 1991.

Attorney(s) appearing for the Case

E. Keith Carter, James Charles McMichael Jr., Blanchard, Walker, Oquin & Roberts, Shreveport, La., and Nelson M. Lee, Bunkie, La., for plaintiffs.

Seale, Smith, Zuber & Barnette, James H. Morgan, III, William C. Kaufman, III, Baton Rouge, La., and Stafford, Stewart & Potter, Larry A. Stewart, Alexandria, La., for defendant.

Landry, Watkins & Bonin, Edward P. Landry, New Iberia, La., for AFCO Credit Corp.

RULING

LITTLE, District Judge.

The newly-enacted La.Rev.Stat.Ann. 22:1220 creates for insurers a duty to make a reasonable effort to settle claims. Before the court is the motion for summary judgment of Employers Reinsurance Corporation, asking the court to hold not only that the new statute is not to be applied retroactively but also that it does not regulate or measure an insurer's conduct after the commencement of litigation.

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