Surplus policies generally affect the underlying policy limits. Many of them will have a surplus policy in effect, three to five million and sometimes more. It can be called an Umbrella Policy. So for instance, an individual may have a $250,000 liability policy, but they also have a one or two million umbrella policy that covers damages that may exceed the underlying limits of that initial policy of $250,000. So in the trucking industry, the mandatory liability coverage is usually covered under an umbrella or surplus, general commercial liability policy.
If The Trucking Company Is Based Outside Of Louisiana, Is That Going To Make It Harder For A Personal Injury Case At All?
Encountering a non-Louisiana trucking company will not make it harder to settle a personal injury case. Most insurance companies are not domestic insurance companies. There are a few, but not in the trucking world. So, if you have to file a claim against them, then if you file it in state court, it can be removed by the defendants for diversity of citizenship. That makes it a federal claim, not because of a federal question but because of diversity.
There are two reasons why cases end up in federal court. One is, there is a federal question. The other way you get into federal court is a diversity of citizenship. If they’re in another state, they will more likely than not remove it to federal court, meaning you would have to prosecute the claim in federal court. Does that make it more complex? It can. Federal courts have stricter requirements, but for the most part, the way those courts are run, they’re moving along more efficiently. So, it has its benefits. If it happened in Louisiana, your claim lies in Louisiana.
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