Insurance generally refers to a legally enforceable contract—known as an insurance policy—in which an insurance company (the insurer) agrees to (1) defend the person or entity who purchased the policy (the insured) against future claims or lawsuits; and (2) pay for losses (usually financial) that are covered under the written terms of the insurance policy.
These two primary legal obligations of an insurer under a liability insurance policy are known as the duty to defend and the duty to indemnify.
Insurance may be purchased to cover a wide range of future claims or losses—ranging from health insurance to pay future medical expenses, to commercial general liability (CGL) to cover future claims and losses incurred by a business.
In Louisiana, insurance is regulated by both state statutes and federal law. The Louisiana Department of Insurance oversees the enforcement of state insurance laws and regulations. Insurance policies in Louisiana are considered legally enforceable contracts where the insurer has two main obligations: the duty to defend and the duty to indemnify the insured. The duty to defend obligates the insurer to provide legal defense to the insured against claims or lawsuits that fall within the scope of the policy coverage. The duty to indemnify means the insurer must pay for the losses or damages covered by the policy, up to the policy limits. Insurance can be purchased for various purposes, such as health insurance for medical expenses or commercial general liability (CGL) insurance for business-related claims and losses. Policyholders in Louisiana have the right to expect their insurers to honor these duties in accordance with the terms of their insurance contracts, and there are legal remedies available if an insurer fails to do so.