SLS 17RS-229 REENGROSSED
2017 Regular Session
SENATE BILL NO. 45
BY SENATOR JOHN SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INSURANCE POLICIES. Provides relative to the definition of ocean marine insurance.
(8/1/17)
1 AN ACT
2 To amend and reenact R.S. 22:2055(13) and to enact R.S. 22:46(19), relative to the
3 definition of ocean marine insurance; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 22:46(19) is hereby enacted to read as follows:
6 §46. General Definitions
7 In this Code, unless context otherwise requires, the following definitions are
8 applicable:
9 * * *
10 (19) "Ocean marine insurance" means marine insurance as defined in
11 R.S. 22:47(13), except for inland marine, as well as any other form of insurance,
12 regardless of the name, label, or marketing designation of the insurance policy,
13 which insures against maritime perils or risks and other related perils or risks,
14 which are usually insured against by traditional marine insurances such as hull
15 and machinery, marine builders' risks, and marine protection and indemnity.
16 Such perils and risks insured against include without limitation loss, damage,
17 or expense or legal liability of the insured for loss, damage, or expense arising
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 45
SLS 17RS-229 REENGROSSED
1 out of or incident to ownership, operation, chartering, maintenance, use, repair,
2 or construction of any vessel, craft, or instrumentality in use in ocean or inland
3 waterways, including liability of the insured for personal injury, illness, or
4 death or for loss of or damage to the property of the insured or another person,
5 except this definition shall not include insurance on vessels under five tons gross
6 weight. Ocean marine insurance as defined in this Section is subject to R.S.
7 22:1269.
8 Section 2. R.S. 22:2055(13) is hereby amended and reenacted to read as follows:
9 §2055. Definitions
10 As used in this Part:
11 * * *
12 (13) "Ocean marine insurance" includes marine insurance as defined in R.S.
13 22:47(13), except for inland marine, as well as any other form of insurance,
14 regardless of the name, label, or marketing designation of the insurance policy,
15 which insures against maritime perils or risks and other related perils or risks, which
16 are usually insured against by traditional marine insurances such as hull and
17 machinery, marine builders' risks, and marine protection and indemnity. Such perils
18 and risks insured against include without limitation loss, damage or expense or legal
19 liability of the insured for loss, damage, or expense arising out of or incident to
20 ownership, operation, chartering, maintenance, use, repair or construction of any
21 vessel, craft or instrumentality in use in ocean or inland waterways, including
22 liability of the insured for personal injury, illness or death or for loss of or damage
23 to the property of the insured or another person, except this definition shall not
24 include insurance on vessels under five tons gross weight shall have the same
25 meaning as that term is defined in R.S. 22:46(19).
26 * * *
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 45
SLS 17RS-229 REENGROSSED
The original instrument was prepared by Cheryl Cooper. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
SB 45 Reengrossed 2017 Regular Session John Smith
Present law defines ocean marine insurance relative to Louisiana Insurance Guaranty
Association Law.
Proposed law makes the definition of ocean marine insurance contained in present law
applicable to all of the insurance code.
Proposed law includes the provisions of the Direct Action Statute as stated in present law
in the definition of ocean marine insurance.
Effective August 1, 2017.
(Amends R.S. 22:2055(13); adds R.S. 22:46(19))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the original
bill.
1. Includes the Direct Action Statute in the definition of ocean marine
insurance.
Senate Floor Amendments to engrossed bill
1. Adds a technical amendment for clarity purposes.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.