Judge: Direct Action Statute Bars Insurer’s Damages Claim In Water Damage Suit

Mealey's (April 27, 2023, 12:54 PM EDT) -- NEW ORLEANS — An insurer proceeding as subrogee of its insured contractor cannot sue a subcontractor’s insurer to recover damages the subrogee insurer paid stemming from water damage caused by the subcontractor’s negligence in performing work on a home’s roof because, under Louisiana’s Direct Action Statute, neither the subrogee insurer nor the contractor is a tort victim, a federal judge in Louisiana ruled in dismissing the insurer’s suit....