HLS 15RS-3182 ORIGINAL
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 208
BY REPRESENTATIVE STOKES
INSURANCE CLAIMS: Requests the commissioner of insurance to issue regulations
requiring insurers to disclose to insureds that homeowner's claims not exceeding the
policy deductible may be used by the insurer in determining rates or whether to
renew a homeowner's policy
1 A CONCURRENT RESOL UTION
2To urge and request the commissioner of insurance to issue regulations requiring insurers
3 to disclose to insureds that homeowner's claims not exceeding the policy deductible
4 may be used by the insurer in determining rates or whether to renew a homeowner's
5 policy.
6 WHEREAS, R.S. 22:1265 provides that an insurer may cancel or fail to renew a
7homeowner's policy of insurance or to increase the policy deductible when the insured has
8made two or more claims within a continuous three-year period of time within the five years
9preceding the current policy renewal date; and
10 WHEREAS, R.S. 22:1265 provides that an incident shall be deemed a claim when
11there is a demand for payment by the insured or the insured's representative under the terms
12of the homeowner's policy of insurance, but does not define what constitutes a demand for
13payment; and
14 WHEREAS, R.S. 22:1265 does not explicitly state that an insurer shall actually pay
15money to the insured or on behalf of the insured before using the claim as one of the two
16claims within the continuous three-year period of time as grounds for canceling or failing
17to renew a homeowner's policy of insurance or to increase the policy deductible; and
18 WHEREAS, a study conducted by the Louisiana Department of Insurance pursuant
19to House Concurrent Resolution No. 199 of the 2014 Regular Session found that some
20insurers make use of claims closed below the deductible in making decisions upon renewal
Page 1 of 2 HLS 15RS-3182 ORIGINAL
HCR NO. 208
1or cancellation of a policy, or to trigger an increase in the premium, but that others do not
2make use of such claims; and
3 WHEREAS, a homeowner should be informed that any claim made that does not
4exceed his deductible may be used by his insurer to determine rates or in deciding whether
5to renew his homeowner's policy.
6 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
7urge and request the commisioner of insurance to issue regulations requiring insurers to
8disclose to insureds that homeowner's claims not exceeding the policy deductible may be
9used by the insurer in determining rates or whether to renew a homeowner's policy.
10 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
11commissioner of insurance.
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)]
HCR 208 Original 2015 Regular Session Stokes
Requests the commissioner of insurance to issue regulations requiring insurers notify
insureds that homeowner's claims not exceeding the policy deductible may be used by the
insurer in determining rates or whether to renew the insured's homeowner's policy.
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