Liberty Mut. Ins. Co. v. LA. INS. RATING COM'N

713 So. 2d 1250
CourtLouisiana Court of Appeal
DecidedJune 29, 1998
Docket97 CA 1043
StatusPublished
Cited by2 cases

This text of 713 So. 2d 1250 (Liberty Mut. Ins. Co. v. LA. INS. RATING COM'N) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liberty Mut. Ins. Co. v. LA. INS. RATING COM'N, 713 So. 2d 1250 (La. Ct. App. 1998).

Opinion

713 So.2d 1250 (1998)

LIBERTY MUTUAL INSURANCE COMPANY, Liberty Mutual Fire Insurance Company, and Liberty Insurance Corporation
v.
LOUISIANA INSURANCE RATING COMMISSION.

No. 97 CA 1043.

Court of Appeal of Louisiana, First Circuit.

June 29, 1998.

*1251 Daniel J. Balhoff, John W. Perry, Thomas E. Balhoff, Judith Atkinson, Baton Rouge, for plaintiffs/appellants Liberty Mutual Insurance Company, et al.

James Hrdlicka, Attorney General's Office, and Gordon A. Pugh, Baton Rouge, for defendant/appellee Louisiana Insurance Rating Commission.

Before FOIL, WHIPPLE and KUHN, JJ.

WHIPPLE, Judge.

This is an appeal by plaintiffs from a trial court judgment, maintaining defendant's exception raising the objection of no cause of action and dismissing plaintiffs' petition. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Plaintiffs, Liberty Mutual Insurance Company, Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation (hereinafter collectively referred to as "Liberty Mutual") sell workers' compensation insurance in Louisiana. Defendant, the Louisiana Insurance Rating Commission ("the LIRC"), a division of the Louisiana Department of Insurance, regulates insurance rates and reviews applications for rate changes brought by insurers.

Prior to the creation of the Louisiana Workers' Compensation Corporation, LSA-R.S. 23:1393, workers' compensation insurance was made available to Louisiana employers through the "voluntary market" and the "involuntary market," or "assigned risk pool." The involuntary market or assigned risk pool consisted of employers who were unable to obtain workers' compensation coverage from insurers on a voluntary basis. As a requirement of writing workers' compensation insurance in Louisiana, all licensed insurance carriers were required to participate in the involuntary market or assigned risk pool. See Liberty Mutual Insurance Company v. Louisiana Insurance Rating Commission, 589 So.2d 70, 71 (La.App. 1st Cir. 1991), writ denied, 590 So.2d 597 (La.1992).

According to Liberty Mutual, the LIRC set the rates insurers could charge for insurance through the involuntary market at an artificially low level, which rates were insufficient to cover the losses and expenses incurred in that market. In an effort to avoid losses incurred through its participation in the involuntary market, Liberty Mutual requested rate increases through the LIRC for rates charged in both the voluntary and involuntary *1252 markets. The LIRC did not grant the rate increases to the full extent sought by Liberty Mutual. However, except for the 1989 request for a rate increase, Liberty Mutual did not appeal these orders administratively or otherwise seek judicial review.

In 1989, Liberty Mutual requested a 65% rate increase in its rates for the voluntary market, but the LIRC only granted a 35% rate increase. Liberty Mutual filed suit to challenge this ruling by the LIRC, and both the Nineteenth Judicial District Court and this court affirmed the LIRC's ruling. Liberty Mutual Insurance Company, 589 So.2d at 73.

Subsequently, in 1993, Liberty Mutual filed suit in federal court against the Louisiana Department of Insurance, the LIRC and several past and present members of the LIRC, claiming that defendants had violated the United States and Louisiana Constitutions in setting insurance rates for the period of 1985 to 1992. On the same day, Liberty Mutual also filed the instant state court action, naming the same defendants and raising the same claims as in the federal court action, but Liberty Mutual withheld service of the state court petition.

The primary allegation in each of the suits was that the LIRC, from 1985 to 1992, had set insurance rates which were confiscatorily low, resulting in a "taking" of Liberty Mutual's property without just compensation in violation of the Fifth and Fourteenth Amendments of the United States Constitution and Article I, § 4 of the Louisiana Constitution. Liberty Mutual also alleged due process violations and a Commerce Clause claim.

In the federal suit, the United States Fifth Circuit Court of Appeals held that Liberty Mutual had failed to state a claim for violation of procedural due process or a violation of the Commerce Clause. With regard to its Takings Clause claim, the Fifth Circuit held that this claim was unripe, because Liberty Mutual had failed to either seek compensation at the state court level or demonstrate that a state action for compensation was unavailable to it. Liberty Mutual Insurance Co. v. Louisiana Department of Insurance, 62 F.3d 115, 117-118 (5th Cir.1995). Thus, the Fifth Circuit remanded to the district court with instructions to dismiss all claims. On remand, the federal district court dismissed Liberty Mutual's federal claims with prejudice, except for the Takings Clause claim which was dismissed without prejudice as unripe. All state law claims were also dismissed without prejudice.

Thereafter, on March 14, 1996, Liberty Mutual filed an "Amended, Restated and Superseding Petition" in the instant suit, naming the LIRC as the sole defendant and seeking compensation from the LIRC for the "taking" of Liberty Mutual's property, i.e., the right to earn a reasonable rate of return. Liberty Mutual sought compensation through an action for "inverse condemnation" or other state remedy, and also sought attorney's fees and costs.

In response to the amending and superseding petition, the LIRC filed peremptory exceptions raising the objections of prescription, res judicata and no cause of action. Following a hearing on the exceptions, the trial court maintained the LIRC's exception of no cause of action and dismissed Liberty Mutual's suit with prejudice.

From the judgment dismissing its suit, Liberty Mutual appeals, contending that the trial court erred in: (1) maintaining the exception of no cause of action; and (2) denying Liberty Mutual's motion to amend its amended petition.

DISCUSSION

No Cause of Action

The purpose of an exception of no cause of action is to ascertain the adequacy in law of the petition. The court must accept the well-pleaded allegations as true, and the issue is whether, based on the allegations presented in the petition alone, the plaintiff is entitled to the relief sought. LSA-C.C.P. art. 927(A)(4); Thomas v. Armstrong World Industries, Inc., 95-2222, pp. 3-4 (La.App. 1st Cir. 6/28/96); 676 So.2d 1185, 1187, writ denied, 96-1965 (La.11/1/96); 681 So.2d 1272. Any reasonable doubt concerning the sufficiency of the petition must be resolved in favor of finding a cause of action stated. Thomas, 95-2222 at p. 4; 676 So.2d at 1187.

*1253 Inverse Condemnation

Louisiana law recognizes a cause of action for inverse condemnation. Article I, § 4 of the Louisiana Constitution requires that a property owner shall be compensated for property taken or damaged by the state or its political subdivisions:

Property shall not be taken or damaged by the state or its political subdivisions except for public purposes and with just compensation paid to the owner or into court for his benefit....

The Louisiana Supreme Court has recognized that the action for inverse condemnation arises out of the self-executing nature of the constitutional command to pay just compensation. State, Through Department of Transportation and Development v. Chambers Investment Company, Inc.,

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713 So. 2d 1250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liberty-mut-ins-co-v-la-ins-rating-comn-lactapp-1998.