The end of the parade

“Leadership involves finding a parade and get-ting in front of it.” I think that quote from John Naisbitt, an American author and public speaker in the area of futures studies, applies nicely to my experience as president of LAJ.

When you take a leadership position with a nonprofit, folks usually respond in one of two ways: They thank you for doing the hard work and committing the time to the organization or ask why you would agree to do that. 

I’m not sure that I’ve ever heard someone say they enjoyed the experience. Most people typically agree to take on the responsibility because it is the right thing to do, they feel a sense of responsibility to the organization, or the organization is so ingrained in their family or community that they feel compelled to carry the torch. 

I felt each of those when I agreed to serve on the LAJ Executive Committee and then to step into the role of president-elect. I’m still convinced that the only reason I was asked to be president is because all of the Hermans had already led the way and I was next to carry the torch. 

But seriously, I have really enjoyed being president of LAJ. I’m not sure I ever remember a past-president admitting that. I think I may need some counselling just admitting that to this group. 

The members of this organization are terrific trial lawyers who care deeply about their clients. We care about the rule of law and seeking justice. Further, LAJ is supported by an amazing staff and lobbyists. I want to express my sincere gratitude to Connie, our staff, each member of the organization, and the lobbyists for supporting our mission and for their hard work, dedication, and financial support. 

This has been one of the most unpredictable years of my life. We just never knew what was going to come out of Baton Rouge. There, the governor’s office, the insurance commissioner’s office, and the legislature make up what should be known as the Bermuda Triangle. Each had its own issues to push and different ways of pursuing them. This led to competition and disorganization for those of us participating in the process. 

Once we entered the Bermuda Triangle, we had no clue what was coming next — from last-minute committee hearings to last-second bill amendments that produced completely different results than those initially intended. 

The volatility began with the 2023 elections when late in the game former Commissioner Donelon announced he would not seek re-election. In 2024, the new insurance commissioner was able to pass his entire agenda on homeowner insurance and much of his automobile package. This included repeal of the three-year rule and provisions making it more difficult for policyholders to prove bad faith after a hurricane.  

On the auto side, he changed decades of law by eliminating direct action with very limited exceptions. This means that we can only sue individuals and businesses and not their insurance companies. In 2025, he and his pro-insurance allies came back for more. 

This was all done with the false promise that these measures would reduce rates. They made the same promise in 2020 when that omnibus tort reform bill passed. The rate reductions didn’t materialize. This year, when asked if the proposed legislation would reduce rates, they knew to say that it would “eventually lead to lower rates.” 

The legislature held committee hearings that began in August 2024 in which “everything” was supposed to be on the table. They heard from the usual groups who bash the legal system. With very few exceptions, these groups failed to bring in any independent or non-insurance-funded experts to discuss the true causes of the high auto insurance rates. (Legislators did hear from collision businesses and received some information on the delay in paying minor claims.)  

The narrative from these committee hearings began to shift in 2025 when former Missouri Commissioner of Insurance Jay Angoff submitted his 76-page report and testified. The report discussed the profitability of auto insurers in Louisiana and whether there was evidence that tort reform would reduce rates. It also provided solutions for actually reducing rates. 

Angoff’s report included specific statistics showing that auto insurers were not only making money in Louisiana, but they were also doing much better in Louisiana than in the nation as a whole.

Further, Angoff reminded the legislature it created a Legislative Actuarial Subcommittee in 2019. The subcommittee was made up of three major insurance company actuaries and a Department of Insurance actuary to investigate 10 proposed tort reform measures and determine if passing these laws would reduce insurance rates. The Actuarial Subcommittee determined that tort reform would have a negligible effect on rates. I know you are all shocked. But the subcommittee’s findings did not deter the passage of the omnibus tort reform bill in 2020 that contained some of the same measures included in the actuarial report.  

Despite the evidence that rates were not reduced — and in fact rose dramatically after the enactment of the 2020 omnibus bill, the insurance commissioner persisted making that claim, and the legislature passed his bills. They said they voted for those bills because their constituents were tired of high rates and they had to do something. The “something” did not include factors like eliminating the use of credit scores when setting rates.   

The governor preferred what he called a “balanced approach.” He gave the commissioner the power to reject excessive rates that the commissioner did not want, but he also signed tort reform measures that passed.    

As you would expect, the fight is not over. The legislature passed resolutions at the end of session to study things like reversionary medical trusts. No other state has done this. Key legislative leaders are publicly stating that they do not want to enact any more tort reform measures until we see the impact of the measures passed in 2024 and 2025.  

We need to remind them of this statement when the insurance commissioner, insurance companies, and their allies bring the legislation they promised to bring in 2026. I assure you that they never stop.  

While commercial insurance is only about 7% of the market, the trucking association dominates the conversation on tort reform. However, trucking regulations and road safety are never a serious part of the conversation. 

In 2024, the legislature passed and the governor signed a law that only two other states had. That bill completely removed any responsibility for huge trucking companies like Penske (the originator of these bills nationwide) and U-Haul to upgrade their trucks with safety measures. In spite of testimony from a Lake Charles police officer who lost his leg because a company failed to install a $10.99 backup alarm on a truck rented for a community service project, the committee passed that bill. 

While I hope that 2026 is a calmer year, we must plan for the worst and be prepared. Please be on the lookout for some campaigns we’d like to run to educate the public and support them to the best of your ability.  

It has truly been a pleasure to serve this organization, and I know we are in exemplary hands with Scott Andrews as our next president.