La. Court Says Child Not Bound by State's Home Warranty Act

BATON ROUGE, La. - A Louisiana appellate court has reinstated a child's personal injury mold claims against a contractor and its insurer, ruling that the minor plaintiff is not the owner of the mold-contaminated home and therefore not bound by the exclusivity provisions of the state's New Home Warranty Act. Allemand, et al. v. Discovery Homes Inc., et al., No. 2009 CA 1565 (La. Ct. App., 1st Cir.).

The Louisiana First Circuit Court of Appeal also concluded in its May 28 opinion that there is no insurance coverage for the parents' loss of consortium claims because they do not fall …