Third-Party Claimant Cannot Rely On Entire Policy Contract Statute

Under La. R.S. 22:628 (the "Entire Policy Contract Statute"), any change to an insurance policy must be in writing and either attached to the policy or explicitly incorporated into the policy by reference. In Watts v. Thurman, decided August 20, the Second Circuit holds that a third-party tort claimant who sues the tortfeasor's insurer cannot rely on the insurer's failure to comply with R.S. 22:628 to defeat the insurer's motion for summary judgment denying coverage.

Posted by RPW at August 24, 2004 09:57 AM