ENROLLED
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 208
BY REPRESENTATIVE STOKES
A CONCURRENT RESOL UTION
To urge and request 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.
WHEREAS, R.S. 22:1265 provides that an insurer may cancel or fail to renew a
homeowner's policy of insurance or to increase the policy deductible when the insured has
made two or more claims within a continuous three-year period of time within the five years
preceding the current policy renewal date; and
WHEREAS, R.S. 22:1265 provides that an incident shall be deemed a claim when
there is a demand for payment by the insured or the insured's representative under the terms
of the homeowner's policy of insurance, but does not define what constitutes a demand for
payment; and
WHEREAS, R.S. 22:1265 does not explicitly state that an insurer shall actually pay
money to the insured or on behalf of the insured before using the claim as one of the two
claims within the continuous three-year period of time as grounds for canceling or failing
to renew a homeowner's policy of insurance or to increase the policy deductible; and
WHEREAS, a study conducted by the Louisiana Department of Insurance pursuant
to House Concurrent Resolution No. 199 of the 2014 Regular Session found that some
insurers make use of claims closed below the deductible in making decisions upon renewal
or cancellation of a policy, or to trigger an increase in the premium, but that others do not
make use of such claims; and
WHEREAS, a homeowner should be informed that any claim made that does not
exceed his deductible may be used by his insurer to determine rates or in deciding whether
to renew his homeowner's policy.
Page 1 of 2 HCR NO. 208 ENROLLED
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the commisioner 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.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
commissioner of insurance.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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