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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, 2012
SENATE BILL NO. 441
BY SENATOR NEVERS
LIABILITY. Provides relative to civil actions against insurers. (8/1/12)
AN ACT1
To amend and reenact R.S. 22:1269(B)(1)(introductory paragraph), relative to insurance and2
liability; to provide relative to civil actions against insurers; to provide for rights of3
injured persons or their survivors; to provide for certain terms, conditions and4
procedures; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 22:1269(B)(1)(introductory paragraph) is hereby amended and re-7
enacted to read as follows:8
ยง1269. Liability policy; insolvency or bankruptcy of insured and inability to effect9
service of citation or other process; direct action against insurer10
* * *11
B.(1) The injured person or his survivors or heirs mentioned in Subsection12
A of this Section, at their option, shall have a right of direct action against the insurer13
within the terms and limits of the policy; and such action may be brought against the14
insurer alone, or against both the insured and insurer jointly and in solido, in the15
parish in which the accident or injury occurred or in the parish in which an action16
could be brought against either the insured or the insurer under the general rules of17 SB NO. 441
SLS 12RS-865 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
venue prescribed by Code of Civil Procedure Art. 42 only; however, such action may1
be brought against the insurer alone when at least one of the following applies:2
* * *3
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Nevers (SB 441)
Present law provides that an injured person or his survivors or heirs shall at their option have
a right of direct action against the insurer for payment of damages for injuries sustained or
loss occasioned during the existence of the policy.
Proposed law removes reference to the option of the injured party or his survivors.
Effective August 1, 2012.
(Amends R.S. 22:1269(B)(1)(intro para))