PROGRESSIVE SEC. INS. CO. v. FOSTER

No. 97-CD-2985.

711 So.2d 675 (1998)

PROGRESSIVE SECURITY INSURANCE COMPANY v. Honorable Murphy J. FOSTER, in his capacity as Governor of Louisiana, Honorable James H. "Jim" Brown, in his capacity as Commissioner of Insurance, and the Louisiana Insurance Rating Commission, through its Chairman, James H. "Jim" Brown. LAFAC, INC. v. Honorable Richard J. IEYOUB, in his capacity as Louisiana Attorney General, Honorable Murphy J. Foster, in his capacity as Governor of Louisiana, Honorable James H. "Jim" Brown, in his capacity as Commissioner of Insurance, and the Louisiana Insurance Rating Commission, through its Chairman, James H. "Jim" Brown, National Association of Independent Insurers, Intervenor.

Supreme Court of Louisiana.

April 23, 1998.


Attorney(s) appearing for the Case

Lewis O. Unglesby, Aidan C. Reynolds, Unglesby Cheney C. Joseph, Jr., Kimberly Wooten, James H. Brown, Patricia T. Riddick, James Hrdlicka, Keith D. Jones, R. Vaughn Cimini, Cimini & Associates, Metairie; Donald T. W. Phelps, Brace B. Godfrey, Jr., Baton Rouge, for Applicants.

H. Alston Johnson, III, Phelps Dunbar, L.L.P., Baton Rouge, for Intervenor.

Wayne J. Lee, John P. Cerise, Anne V. Winter, New Orleans, for State Farm Auto Insurance, Amicus Curiae.


KNOLL, Justice.1

Progressive Security Insurance Company and LAFAC, Inc. separately petitioned for declaratory judgment against the Governor, the Attorney General,2 the Commissioner of Insurance, and the Louisiana Insurance Rating Commission (LIRC), challenging the constitutionality of the Omnibus Premium Reduction Act of 1997 (Act 1476), known as the "no pay, no play" statute. The National Association of Independent...

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