HLS 14RS-2368 ORIGINAL
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Regular Session, 2014
HOUSE CONCURRENT RESOLUTI ON NO. 164
BY REPRESENTATIVE HUVAL
INSURANCE/AUTOMOBILE: Requests the Louisiana Department of Insurance to study
amending R.S. 22:1295, uninsured motorist coverage, to clarify uninsured motorist
rejection form rules
A CONCURRENT RESOLUTI ON1
To urge and request the Louisiana Department of Insurance to study the feasibility of2
amending R.S. 22:1295, uninsured motorist coverage, to clarify uninsured motorist3
rejection form rules, and to report its findings to the legislative committees on4
insurance.5
WHEREAS, R.S. 22:1295 provides that no automobile liability insurance covering6
liability arising out of the ownership, maintenance, or use of any motor vehicle shall be7
delivered or issued for delivery in this state with respect to any motor vehicle designed for8
use on public highways and required to be registered in this state unless9
uninsured/underinsured motorist coverage is provided therein in an amount equal to the10
liability limits chosen by the insured; and11
WHEREAS, R.S. 22:1295 allows any insured named in the automobile liability12
policy to either reject uninsured/underinsured motorist coverage, select lower limits, or13
select economic-only coverage; and14
WHEREAS, R.S. 22:1295 provides that the rejection, selection of lower limits, or15
selection of economic-only limits shall be made only on a form prescribed by the16
commissioner of insurance; and17
WHEREAS, R.S. 22:1295 provides that a properly completed and signed form18
creates a rebuttable presumption that the insured knowingly rejected coverage, selected a19
lower limit, or selected economic-only coverage; and20
WHEREAS, the courts of this state have held that the failure to properly complete21
and sign the selection form invalidates the form and results in the policy providing uninsured22 HLS 14RS-2368 ORIGINAL
HCR NO. 164
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motorist coverage in an amount equal to the liability limits although the policy's premium1
was calculated based upon the insured's rejection of uninsured/underinsured motorist2
coverage, selection of lower limits, or selection of economic-only coverage; and 3
WHEREAS, R.S. 22:1295 is silent concerning what constitutes a properly completed4
and signed form.5
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana requests the6
Department of Insurance to conduct a study on what constitutes a properly completed and7
signed uninsured/underinsured motorist coverage selection form and recommend possible8
amendments to R.S. 22:1295 based on the findings of this study.9
BE IT FURTHER RESOLVED that the Department of Insurance shall submit its10
findings from the study in the form of a report to the House Committee on Insurance and the11
Senate Committee on Insurance on or before January 15, 2015.12
BE IT FURTHER RESOLVED that such a study include a review of other states to13
determine if any other states presume that uninsured/underinsured motorist coverage is14
triggered by operation of law, that uninsured/underinsured motorist coverage is required15
when the selection reform contains merely technical errors, what constitutes technical errors,16
whether uninsured/underinsured motorist coverage is provided when the insured has not paid17
a premium for such coverage, and whether an insured is charged with a duty to recognize18
that the policy does not provide uninsured/underinsured motorist coverage when the19
declaration page does not contain a premium charge for such coverage.20
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the21
commissioner of insurance.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)]
Huval HCR No. 164
Urges and requests the Department of Insurance to conduct a study of what should constitute
a properly completed and signed uninsured/underinsured motorist coverage selection and
what should constitute technical errors that should not invalidate the selection form.