Art. 3544.  Issues of loss distribution and financial protection

Issues pertaining to loss distribution and financial protection are governed, as between a person injured by an offense or quasi-offense and the person who caused the injury, by the law designated in the following order:

(1)  If, at the time of the injury, the injured person and the person who caused the injury were domiciled in the same state, by the law of that state.  Persons domiciled in states whose law on the particular issue is substantially identical shall be treated as if domiciled in the same state.

(2)  If, at the time of the injury, the injured person and the person who caused the injury were domiciled in different states: (a) when both the injury and the conduct that caused it occurred in one of those states, by the law of that state; and (b) when the injury and the conduct that caused it occurred in different states, by the law of the state in which the injury occurred, provided that (i) the injured person was domiciled in that state, (ii) the person who caused the injury should have foreseen its occurrence in that state, and (iii) the law of that state provided for a higher standard of financial protection for the injured person than did the law of the state in which the injurious conduct occurred.

Acts 1991, No. 923, §1, eff. Jan. 1, 1992.