Frequently Asked Questions
- The GL Trust is governed by its members and is controlled by builders, for builders.
- The Trust offers general liability coverage at cost, a value to builders that cannot be matched by any other general liability provider.
- Indemnitees of the Trust become members of the Louisiana Home Builders Association, the local home builder association in their area, and the National Home Builders Association….all very effective at protecting the interests of home builders
- The Trust produces model contracts for builders to use in their operations. These model contracts should be modified by the builder's legal counsel to fit the individual builder's needs, they can be used as tools to further protect the builder from liability.
- The Trust distributes dividends to its members. In order to receive dividends, builders must maintain their coverage with the Trust. To date, $3.2 million has been paid in dividend distributions.
- The Trust offers FREE loss control services to its indemnitees.
- The Trust has affordable payment plans available.
LHBA Representative - Kenneth Jones
Northwest Representative - James Fine
Northeast Representative - Scott Dickson
Central Representative - Michael Virden
Southwest Representative - Wayne Fender
Acadian Representative - Mac Gibson
Capital Region Representative - Ronnie Kyle
Tangipahoa Representative - Joe Distefano
St. Tammany Representative - Randy Meyer
New Orleans Representative - Randy Noel
If you are a licensed residential builder in the state of Louisiana, R.S. 37:2167 requires you to carry at least $100,000 of general liability coverage. A provision of this law recognizes entities like the Trust as a means of satisfying the requirement (see R.S. 22:5 (9) (d)).
Please call or email the GL Trust to find an appointed agent in your area.
The Trust offers limits of $500,000 per occurrence / $1 million aggregate, $1 million per occurrence / $2 million aggregate and $2 million per occurrence / $2 million aggregate.
No, the LHBA GL Trust only provides coverage for occurrences within the state of Louisiana.
Yes, the Trust offers coverage to remodelers. In order to be eligible, you must have 5 years of experience.
Yes, the Trust offers coverage to commercial builders; however, commercial work cannot exceed an average of 30% of the builder's operations over the past 5 years. Also, there is no coverage for construction of or operations on buildings exceeding 3 stories in height or having a total area that exceeds 20,000 square feet under roof. See the "Amendments" link under the Forms section for other exclusions that may apply.
Kean Miller LLP
II City Plaza
400 Convention Street, Suite 700
Baton Rouge, LA 70802
Phone: (225) 382-3424
Notice of a claim, a lawsuit, an occurrence or an offense shall be given as follows:
To the Louisiana Home Builders Association General Liability Trust through Midlands
Louisiana Home Builders Association General Liability Trust
c/o Midlands Claims Administrators
P.O. Box 23198, Oklahoma City, OK 73123-1778
3503 NW 63rd Street, Suite 204, Oklahoma City, OK 73116
Phone: (405) 840-0950
Fax: (405) 840-0584
Duties in the Event of a Claim or Lawsuit:
- No Indemnitee will, except at that Indemnitee's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than first aid, without the Trust's written consent which may not be unreasonable withheld.
- The Named Indemnitee and any other involved Indemnitee must:
- Assist the Trust, upon the Trust's request, in the enforcement of any right against any person or organization which may be liable to the Indemnitee because of injury or damage to which this Agreement may also apply;
- Immediately send the Trust's designee as stated in the Schedule copies of any demands, notices, summonses or legal papers received in connection with the claim or a Lawsuit;
- Cooperate with the Trust in the investigation, or settlement of the Lawsuit and/or claim; or defense against the Lawsuit if the Trust decides to defend; and
- Authorize the Trust to obtain records and other information.
- If any Indemnitee becomes aware of, or receives a claim or Lawsuit, the Named Indemnitee must:
- Notify the Trust's designee as stated in the Schedule in writing of the claim or Lawsuit as soon as practicable, but during the Agreement's Term, or any additional reporting period;
- Immediately notify the Trust's designee as stated in the Schedule of any Lawsuit as soon as practicable, but during the Agreement's Term or any additional reporting period; and
- Immediately record the specifics of the claim and the date received.
Duties in the Event of an Occurrence or Offense:
The Named Indemnitee must notify the Trust's designee as stated in the Schedule in writing as soon as practicable of an Occurrence or offense, which may result in a claim. To the extent possible, notice should include:
- How, when and where the accident, Occurrence, or offense took place;
- The names and addresses of any injured person and witnesses; and
- The nature and location of any injury or damage arising out of the Occurrence or offense.
Notice of an Occurrence or offense is not notice of a claim.
Midlands Claim Administrators
P.O. Box 23198
Oklahoma City, OK 73123
Phone: (405) 840-0950 or (800) 800-4007
Fax: (405) 840-0584
Midlands Claims Administrators
P.O. Box 23198
Oklahoma City, OK 73123
Phone: (405) 426-5247 or (800) 800-4007
Fax: (405) 843-2393
The New Home Warranty Act (NHWA) is the exclusive remedy for construction defects between the builder and the homeowner. It is a tradeoff whereby the builder provides certain warranties remedying and repairing defects in the home in exchange for limitations on such warranties. The warranty only covers actual physical damage to the home as set forth in the NHWA. There is a minimum warranty; however, the builder can agree to more extensive warranties. The Trust excludes by amendment the obligations of the builders per the NHWA. The Trust generally, where other exclusions to coverage do not apply, provides a discretionary defense to the builder to assert the protections of the NHWA for the builder when the builder cooperates with his obligation to remedy and repair the defects.
GL Trust NHWA Amendment
New Home Warranty Act