HLS 10RS-2703 ORIGINAL
Page 1 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1448
BY REPRESENTATIVE TUCKER
INSURANCE: Establishes a personal injury protection coverage option
AN ACT1
To enact Subpart B-1 of Part IV of Chapter 4 of Title 22 of the Louisiana Revised Statutes2
of 1950, comprised of R.S. 22:1301 through 1307, relative to personal lines property3
insurance; to provide for personal injury protection option; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Subpart B-1 of Part IV of Chapter 4 of Title 22 of the Louisiana Revised7
Statutes of 1950, to be comprised of R.S. 22:1301 through 1307, is hereby enacted to read8
as follows: 9
SUBPART IV.10
PERSONAL INJURY PROTECTION OPTION11
§1301. Definitions12
As used in this Subpart, the following words and phrases shall have the13
meaning given to them, unless the context clearly indicates otherwise:14
(1) "Insured" means any individual residing in the household of the named15
insured who is a spouse or other relative of a named insured, or an individual below the16
age of eighteen in the custody of a named insured or in the custody of a relative of a17
named insured.18
(2) "Named insured" means any individual identified by name as an insured in19
a policy of private passenger motor vehicle insurance.20 HLS 10RS-2703 ORIGINAL
HB NO. 1448
Page 2 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) "Serious injury" means a personal injury resulting in impairment of body1
function, disfigurement, bodily injury, sickness or disease, or death.2
(4) "Noneconomic loss" means pain, suffering, emotional distress,3
inconvenience, loss of society, and any other nonpecuniary damage recoverable under4
the tort law applicable to a personal injury.5
§1302. Personal injury protection coverage; regardless of fault6
Every insurance company offering motor vehicle liability coverage shall7
inform the named insured in writing, not less than forty-five days prior to the8
renewal date of their motor vehicle liability coverage, of the option to choose9
personal injury protection for compensation of injuries without regard to negligence,10
liability, or fault of any kind to the named insured and members of his family11
residing in his household who sustain bodily injury as a result of an accident while12
occupying , entering into, exiting from or using an automobile, or as a pedestrian,13
caused by an automobile or by an object propelled by or from an automobile, and to14
other persons sustaining bodily injury while occupying, entering into, exiting from15
or using the automobile of the named insured, with permission of the named insured.16
§1303. Selection of insurance options17
(1) The insured shall have the right to choose personal injury protection18
coverage and limit his right and the rights of members of his household to pursue19
compensation for injuries caused by the negligence, liability, or fault of other drivers.20
The insured and covered members of his household shall only be authorized to seek21
recovery for medical and other out-of-pocket expenses, but shall be prohibited from22
seeking or obtaining any recovery for pain and suffering or nonmonetary damages23
unless that individual suffered a serious injury.24
(2) The personal injury protection option shall not preclude an insured's25
ability to renew his policy of insurance and continue to maintain an unrestricted right26
to seek financial compensation for injuries caused by other drivers.27 HLS 10RS-2703 ORIGINAL
HB NO. 1448
Page 3 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3) If the named insured either fails to respond or the insurer does not receive1
his response within ten days prior to the renewal date, the named insured or his2
designee shall be presumed to have elected the fault-based insurance option.3
§1304. Application of options4
A. The option elected by a named insured shall apply to all private passenger5
motor vehicle policies of the named insured issued by the same insurer and shall6
continue in force as to all subsequent renewal policies, replacement policies, and any7
other private passenger motor vehicle policies under which the individual is a named8
insured, until the insurer or its authorized representative receives a properly executed9
form electing the other option.10
B. The option elected by a named insured shall apply to all persons insured11
under the private passenger motor vehicle policy, who are not a named insured under12
another private passenger motor vehicle policy. Whenever more than one private13
passenger motor vehicle policy is applicable to an insured and the policies have14
conflicting options, the insured is bound by the option of the policy associated with the15
private passenger motor vehicle in which the insured is an occupant at the time of the16
accident if he is an insured on that policy, and bound by the personal injury protection17
option otherwise.18
C. An individual who is not an owner of a currently registered private19
passenger motor vehicle and who is not a named insured or insured under any private20
passenger motor vehicle policy shall not be precluded from maintaining an action for21
noneconomic loss or economic loss sustained in a motor vehicle accident as the22
consequence of the fault of another person pursuant to applicable law.23
§1305. Right to purse compensation; personal injury protection coverage and fault24
based coverage25
A. Each person who elects the personal injury protection coverage remains26
eligible to seek compensation for economic loss sustained in a motor vehicle accident27
as the consequence of the fault of another person pursuant to applicable law.28 HLS 10RS-2703 ORIGINAL
HB NO. 1448
Page 4 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. Each person who is bound by the personal injury protection coverage1
election shall be precluded from maintaining an action for noneconomic loss, unless2
the injury sustained is a serious injury incurred through the fault of another person3
who has done any of the following:4
(1) Has been convicted for driving under the influence of alcohol or a5
controlled dangerous substance in that accident.6
(2) Is operating a motor vehicle registered in another state.7
(3) Has not maintained insurance or security as required by R.S. 32:861 et8
seq.9
C. An individual otherwise bound by the personal injury protection coverage10
election shall retain fault rights with respect to claims arising out of an action for an11
injury against a person in the business of designing, manufacturing, repairing,12
servicing, or maintaining motor vehicles.13
D. An individual otherwise bound by the personal injury protection coverage14
election shall retain fault rights if injured while an occupant of a motor vehicle other15
than a private passenger motor vehicle.16
E. Each person who is bound by the fault based election remains eligible to17
seek compensation for noneconomic loss claimed and economic loss sustained in a18
motor vehicle accident as the consequence of the fault of another person pursuant to19
applicable law.20
§1306. Application of insurance provisions; cancellation21
A. Nothing in this Subpart is intended, nor shall be interpreted or deemed,22
to change or amend the requirements of R.S. 32:851 et seq., the Motor Vehicle23
Safety Responsibility Law, which requires the owner of any motor vehicle to, at24
minimum, be insured under a policy of liability insurance.25
B. No insurer shall cancel, refuse to write, or refuse to renew a motor vehicle26
insurance policy based on the option election of the named insured.27
§1307. Commissioner authority28 HLS 10RS-2703 ORIGINAL
HB NO. 1448
Page 5 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
The commissioner of insurance shall have authority to promulgate rules and1
regulations he deems necessary to implement and enforce the provisions of this2
Subpart.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Tucker HB No. 1448
Abstract: Creates a personal injury protection option.
Proposed law defines the following terms:
(1) "Insured" means any individual residing in the household of the named insured who is
a spouse or other relative of a named insured, or an individual below the age of
eighteen in the custody of a named insured or in the custody of a relative of a named
insured.
(2) "Named insured" means any individual identified by name as an insured in a policy of
private passenger motor vehicle insurance.
(3)"Serious injury" means a personal injury resulting in impairment of body function,
disfigurement, bodily injury, sickness or disease, or death.
(4) "Noneconomic loss" means pain, suffering, emotional distress, inconvenience, loss of
society, and any other nonpecuniary damage recoverable under the tort law applicable
to a personal injury.
Proposed law requires that every insurer who offers motor vehicle liability coverage must
inform the named insured in writing, not less than 45 days prior to the renewal date of their
motor vehicle liability coverage, of the option to choose personal injury protection for
compensation of injuries without regard to negligence, liability, or fault of any kind to the
named insured and members of his family residing in his household who sustain bodily
injury as a result of an accident while occupying, entering into, exiting from or using an
automobile, or as a pedestrian, caused by an automobile or by an object propelled by or from
an automobile, and to other persons sustaining bodily injury while occupying, entering into,
exiting from or using the automobile of the named insured, with permission of the named
insured.
Proposed law provides an insured with the option to choose personal injury protection
coverage and limit his right and the rights of members of his household to pursue
compensation for injuries caused by the negligence, liability, or fault of other drivers.
Further provides that the insured and covered members of his household are only authorized
to seek recovery for medical and other out-of-pocket expenses and are prohibited from
seeking or obtaining any recovery for pain and suffering or nonmonetary damages unless
that individual suffered a serious injury.
Proposed law specifies that the personal injury protection option does not preclude an
insured's ability to renew his policy of insurance and continue to maintain an unrestricted
right to seek financial compensation for injuries caused by other drivers. HLS 10RS-2703 ORIGINAL
HB NO. 1448
Page 6 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that if the named insured either fails to respond or the insurer does
not receive his response within 10 days prior to the renewal date, the named insured or his
designee is presumed to have elected the fault-based insurance option.
Proposed law provides that the option elected by a named insured is applicable to all private
passenger motor vehicle policies of the named insured issued by the same insurer and will
continue in force as to all subsequent renewal policies, replacement policies, and any other
private passenger motor vehicle policies under which the individual is a named insured, until
the insurer or its authorized representative receives a properly executed form electing the other
option.
Proposed law provides that the option elected by a named insured applies to all insured under
the private passenger motor vehicle policy, who are not named insured under another private
passenger motor vehicle policy. Whenever more than one private passenger motor vehicle
policy is applicable to an insured and the policies have conflicting options, the insured is bound
by the option of the policy associated with the private passenger motor vehicle in which the
insured is an occupant at the time of the accident if he is an insured on that policy, and bound
by the personal injury protection option otherwise.
Proposed law specifies that an individual who is not an owner of a currently registered private
passenger motor vehicle and who is not a named insured or insured under any private passenger
motor vehicle policy is not precluded from maintaining an action for noneconomic loss or
economic loss sustained in a motor vehicle accident as the consequence of the fault of another
person pursuant to applicable law.
Proposed law specifies that each person who elects the personal injury protection coverage
remains eligible to seek compensation for economic loss sustained in a motor vehicle accident
as the consequence of the fault of another person pursuant to applicable law.
Proposed law provides that each person who is bound by the personal injury protection
coverage election shall be precluded from maintaining an action for noneconomic loss, unless
the injury sustained is a serious injury incurred through the fault of another person who:
(1) Has been convicted for driving under the influence of alcohol or a controlled dangerous
substance in that accident.
(2) Is operating a motor vehicle registered in another state.
(3) Has not maintained insurance or security as required by the Motor Vehicle Safety
Responsibility Law.
Proposed law provides that an individual otherwise bound by the personal injury protection
coverage election retains fault rights with respect to claims arising out of an action for an injury
against a person in the business of designing, manufacturing, repairing, servicing, or
maintaining motor vehicles.
Proposed law provides that an individual otherwise bound by the personal injury protection
coverage election shall retain fault rights if injured while an occupant of a motor vehicle other
than a private passenger motor vehicle.
Proposed law provides that each person who is bound by the fault based election remains
eligible to seek compensation for noneconomic loss claimed and economic loss sustained in a
motor vehicle accident as the consequence of the fault of another person pursuant to applicable
law.
Proposed law specifies that proposed law is not intended, nor shall be interpreted or deemed,
to change or amend the requirements of the Motor Vehicle Safety Responsibility Law, which HLS 10RS-2703 ORIGINAL
HB NO. 1448
Page 7 of 7
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
requires the owner of any motor vehicle to, at minimum, be insured under a policy of
liability insurance.
Proposed law provides that no insurer shall cancel, refuse to write, or refuse to renew a motor
vehicle insurance policy based on the option election of the named insured.
Proposed law authorizes the commissioner of insurance to promulgate rules and regulations
he deems necessary to implement and enforce the provisions of this proposed law.
(Adds R.S. 22:1301-1307)