JAMES J. DONELON, COMMISSIONER OF INSURANCE FOR THE STATE OF LOUISIANA, IN HIS CAPACITY AS REHABILITATOR OF LOUISIANA HEALTH COOPERATIVE, INC.
TERRY S. SHILLING, GEORGE G. CROMER, WARNER L. THOMAS, IV, WILLIAM A. OLIVER, CHARLES D. CALVI, PATRICK C. POWERS, CGI TECHNOLOGIES AND SOLUTIONS, INC., GROUP RESOURCES INCORPORATED, BEAM PARTNERS, LLC, MILLIMAN, INC., BUCK CONSULTANTS, LLC, AND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
review from the Nineteenth Judicial District Court Parish of
East Baton Rouge State of Louisiana Case No. 651, 069 The
Honorable Timothy E. Kelley
A. Brown Mirais M. Holden A' Dair R. Flynt New Orleans,
Louisiana Attorneys for Applicant -Relator Buck Consultants,
D. Rhymes Lafayette, Louisiana J. E. Cullens, Jr. Edward J.
Walters, Jr. Darrel J. Papillion David Abboud Thomas Jennifer
Wise Moroux Baton Rouge, Louisiana Attorneys for Respondent,
James J. Donelon, Commissioner of Insurance for the State of
Louisiana, in His Capacity as Rehabilitator of Louisiana
Health Cooperative, Inc., through His Duly Appointed
Receiver, Billy Bostick
BEFORE: HIGGINBOTHAM, HOLDRIDGE, and PENZATO, JJ.
writ application, applicant, Buck Consultants, LLC
("Buck"), challenges the ruling of the trial court,
which overruled Buck's Declinatory Exception of Improper
Venue. For the following reasons, we affirm the
ruling of the trial court.
AND PROCEDURAL HISTORY
matter arises from the insolvency and the rehabilitation of
Louisiana Health Cooperative, Inc. ("LAHC"). On
March 31, 2014, Buck tendered a letter agreement
("Agreement") to LAHC, outlining the terms of its
engagement with LAHC to provide certain actuarial and
consulting services. The Agreement states, in pertinent part,
1. Services. In consideration for, and subject to,
the mutual undertakings set forth herein, [Buck] agrees to
provide the Services described in Exhibit A hereto.
9. Miscellaneous. ... The parties hereto expressly
agree that this Agreement will be construed and enforced in
accordance with the internal laws of the State of New York,
without regard to New York choice of law provisions. The
parties hereby consent to the exclusive jurisdiction and
venue of the federal and state courts situated in and for the
State of New York, County of New York with respect to any
dispute arising between the parties, regardless of whether
such dispute arises pursuant to this Agreement or otherwise.
representative of LAHC signed the Agreement on April 4, 2014.
Exhibit A to the Agreement outlined Buck's scope of
services as follows:
• Review current plan designs and calculate the Average
Benefit Value for each plan
• Review previous documents filed with [Centers for
Medicare and Medicaid Services] for the 2014 rates
• Review current demographics and adjust rates to
reflect population enrolled
• Develop cost models to prepare 2015 rates for Public
• Adjust rates to reflect network discounts
• Prepare rates by Region
• Prepare smoke[r] and non-smoker rates
• Present target rates for review and revision
• Adjust plan designs to meet market ...