In answer to certified questions in Kelly v. State Farm Fire & Cas. Co., ___ So. 3d ___, 2015 WL 2082540 *13 (La. 2015), the Louisiana Supreme Court was asked to construe Louisiana Revised Statutes Annotated 22:1973 formerly numbered as LRSA Sections 22:1220(A), (B)(1) and (C), with respect to allegedly “[m]isrepresenting pertinent facts or insurance policy provisions relating to any coverages at issue.” [Emphasis added.] The Louisiana Supreme Court construed the statutory “or” to convey “disjunctive meaning, … meaning that an insurer can be liable for misrepresenting either: 1) ‘pertinent facts,’ or 2) ‘insurance policy provisions relating to any coverages at issue.’ La. R.S. 22:1973(B)(1).”
Reprinted with the permission of Thomson Reuters and the author from the manuscript of the author's 2015 Supplement chapters in “Litigation and Prevention of Insurer Bad Faith, 3d” ©2015 by Thomson Reuters.