SLS 12RS-780 ORIGINAL
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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. 459
BY SENATOR LAFLEUR
AUTOMOBILE INSURANCE. Provides for uninsured motorist coverage for guest
passengers. (8/1/12)
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 SB NO. 459
SLS 12RS-780 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
operators of uninsured or underinsured motor vehicles because of bodily injury,1
sickness, or disease, including death resulting therefrom; however, the coverage2
required under this Section is not applicable when any insured named in the policy3
either rejects coverage, selects lower limits, or selects economic-only coverage, in4
the manner provided in Item (1)(a)(ii) of this Section. In no event shall the policy5
limits of an uninsured motorist policy be less than the minimum liability limits6
required under R.S. 32:900, unless economic-only coverage is selected as authorized7
in this Section. Such coverage need not be provided in or supplemental to a renewal,8
reinstatement, or substitute policy when the named insured has rejected the coverage9
or selected lower limits in connection with a policy previously issued to him by the10
same insurer or any of its affiliates. The coverage provided under this Section11
shall extend to any and all guest passengers occupying the motor vehicle. The12
coverage provided under this Section may exclude coverage for punitive or13
exemplary damages by the terms of the policy or contract. Insurers may also make14
available, at a reduced premium, the coverage provided under this Section with an15
exclusion for all noneconomic loss. This coverage shall be known as16
"economic-only" uninsured motorist coverage. "Noneconomic loss" means any loss17
other than economic loss and includes but is not limited to pain, suffering,18
inconvenience, mental anguish, and other noneconomic damages otherwise19
recoverable under the laws of this state.20
* * *21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Horne.
DIGEST
Present law requires automobile liability insurance covering liability arising out of the
ownership, maintenance, or use of any motor vehicle registered in this state, in not less than
the limits of bodily injury provided by the policy, for the protection of insured persons who
are legally entitled to recover nonpunitive damages from owners or operators of uninsured
or underinsured motor vehicles because of bodily injury, sickness, or disease, including
death. Further provides that the insured may reject such coverage, select lower limits, or
select economic-only coverage.
Proposed law retains present law and extends uninsured motorist coverage to any and all
guest passengers occupying the motor vehicle. SB NO. 459
SLS 12RS-780 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective August 1, 2012.
(Amends R.S.22:1295(1)(a)(i))