On October 25, 2024, the Louisiana Supreme Court issued its opinion in Police Jury of Calcasieu Parish v. Indian Harbor Insurance Co., et al., No. 2024-CQ-00449, answering three questions regarding the permissibility of arbitration and forum selection clauses that had been certified to it by the US District Court for the Western District of Louisiana, Lake Charles Division. As detailed below, the court answered these questions in the negative, finding that arbitration clauses in Louisiana insurance policies remain prohibited under Louisiana law. The court’s responses to these questions appear to conflict with recent decisions by the US Court of Appeals for the Fifth Circuit, which have found arbitration clauses contained in Louisiana insurance policies to be enforceable under certain circumstances. While the full impact of this decision by the Louisiana Supreme Court is not yet clear, it certainly does not bode well for parties that may be inclined to seek enforcement of an arbitration or a forum selection clause in a dispute concerning a Louisiana insurance policy. Continue reading >