HLS 12RS-1291 ENGROSSED
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 719
BY REPRESENTATIVE GREENE
INSURANCE/AUTOMOBI LE: Provides relative to uninsured motorist coverage
AN ACT1
To amend and reenact R.S. 22:1295(1)(a)(i), relative to motor vehicle liability insurance; to2
provide for uninsured motorist coverage for guest passengers; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 22:1295(1)(a)(i) is hereby amended and reenacted to read as follows:6
ยง1295. Uninsured motorist coverage7
The following provisions shall govern the issuance of uninsured motorist8
coverage in this state:9
(1)(a)(i) No automobile liability insurance covering liability arising out of10
the ownership, maintenance, or use of any motor vehicle shall be delivered or issued11
for delivery in this state with respect to any motor vehicle designed for use on public12
highways and required to be registered in this state or as provided in this Section13
unless coverage is provided therein or supplemental thereto, in not less than the14
limits of bodily injury liability provided by the policy, under provisions filed with15
and approved by the commissioner of insurance, for the protection of persons insured16
thereunder who are legally entitled to recover nonpunitive damages from owners or17
operators of uninsured or underinsured motor vehicles because of bodily injury,18
sickness, or disease, including death resulting therefrom; however, the coverage19
required under this Section is not applicable when any insured named in the policy20 HLS 12RS-1291 ENGROSSED
HB NO. 719
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
either rejects coverage, selects lower limits, or selects economic-only coverage, in1
the manner provided in Item (1)(a)(ii) of this Section Subparagraph. In no event2
shall the policy limits of an uninsured motorist policy be less than the minimum3
liability limits required under R.S. 32:900, unless economic-only coverage is4
selected as authorized in this Section. Such coverage need not be provided in or5
supplemental to a renewal, reinstatement, or substitute policy when the named6
insured has rejected the coverage or selected lower limits in connection with a policy7
previously issued to him by the same insurer or any of its affiliates. The coverage8
provided under this Section shall extend to any and all guest passengers occupying9
a motor vehicle described in the policy. The Such coverage provided under this10
Section may exclude coverage for punitive or exemplary damages by the terms of11
the policy or contract. Insurers may also make available, at a reduced premium, the12
coverage provided under this Section with an exclusion for all noneconomic loss.13
This coverage shall be known as "economic-only" uninsured motorist coverage.14
Noneconomic loss means any loss other than economic loss and includes but is not15
limited to pain, suffering, inconvenience, mental anguish, and other noneconomic16
damages otherwise recoverable under the laws of this state. This provision shall not17
provide recovery to guest passengers from the uninsured motorist coverage of the18
policy issued to the owner of the host vehicle or which describes the host vehicle19
when such claim for recovery is based solely upon the fault or liability of the host20
driver or owner.21
* * *22
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)]
Greene HB No. 719
Abstract: Extends uninsured motorist coverage to all guest passengers occupying the motor
vehicle.
Present law requires automobile liability insurance on all motor vehicles used for operation
in this state in an amount of no less than $15,000 because of bodily injury to or death of one HLS 12RS-1291 ENGROSSED
HB NO. 719
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
person; $30,000 because of bodily injury to or death of two or more persons; and $25,000
because of damage to or destruction of property of others in any one accident.
Present law requires all policies of automobile liability insurance issued in this state to
provide coverage, in an amount that is no less than the limits for bodily injury liability
provided under the policy, against uninsured and underinsured motor vehicles.
Present law provides that the persons protected under this coverage against uninsured and
underinsured motor vehicles are those persons insured under the policy.
Proposed law extends the coverage against uninsured and underinsured motor vehicles to all
guest passengers occupying a motor vehicle described in the insurance policy.
Proposed law shall not provide recovery from the uninsured motorist coverage of a policy
to guest passengers of a host vehicle when the claim for recovery is based solely upon the
fault or liability of the host driver or owner.
Present law provides that the coverage provided by present law may, by the terms of the
policy or contract, exclude coverage for punitive or exemplary damages. Further provides
that insurers may offer, at a reduced premium, coverage required by present law that
excludes all damages for noneconomic loss.
Present law clarifies that the coverage provided by present law is not applicable in the event
that the named insured either rejects coverage, selects lower limits, or selects economic-only
coverage.
Proposed law retains present law.
(Amends R.S. 22:1295(1)(a)(i))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Insurance to the original
bill.
1. Clarified that the extension of coverage to guest passengers is applicable only to
a vehicle described in the policy.
2. Clarified that proposed law shall not mean that an owner's policy of uninsured
motorist coverage will be used as a means of recovery for guest passengers of the
host vehicle when the claim for recovery is based solely upon the fault or liablity
of the host driver or owner of the vehicle.