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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 150
BY SENATOR DUPLESSIS
AN ACT1
To enact R.S. 22:1284.1, relative to motor vehicle insurance; to prohibit an increase in the2
premium rate when there is a lapse in coverage under certain circumstances; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 22:1284.1 is hereby enacted to read as follows: 6
ยง1284.1. Motor vehicle insurance; consideration of lapse in coverage7
prohibited8
A. No insurer shall increase the premium rate or increase or add a9
surcharge on any policy of motor vehicle insurance when such action is based10
solely on consideration of a lapse in coverage, as defined in this Section,11
regarding the insured as provided in this Section.12
B. As used in this Section, a "lapse in coverage" is that period of time13
during which the owner of a motor vehicle who formerly maintained liability14
coverage on a vehicle, as required under the Motor Vehicle Safety15
Responsibility Law, first voluntarily surrenders the vehicle's license plate to the16
office of motor vehicles and then ceases to maintain a policy of insurance or17
other security as required by the Motor Vehicle Safety Responsibility Law.18
C. Any insurer who violates the provisions of this Section shall refund19
to the insured person the amount of premium which was paid that exceeded the20
amount of premium which would have been charged if the insurer had complied21
with this Section. The commissioner of insurance shall promulgate rules and22
regulations to enforce the provisions of this Section.23
D. Notwithstanding any other provisions of law to the contrary, one or24
more lapses in coverage, as defined in this Section, shall not be the sole basis for25
ACT No. 636 SB NO. 150 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
an insurer's denial of an application for a policy of motor vehicle insurance nor1
shall such lapse in coverage be considered by an insurer in determining the2
rates for such a policy. In addition, no insurer shall require that such coverage3
be provided by another insurer based solely upon such a lapse in coverage.4
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: