HLS 18RS-3162 ENGROSSED
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 89
BY REPRESENTATIVES LEGER AND GAROFALO
INSURANCE CLAIMS: Authorizes and directs the Louisiana State Law Institute to study
certain aspects regarding actions for violations of the duty of good faith and fair
dealings under insurance policies
1 A CONCURRENT RESOL UTION
2To authorize and direct the Louisiana State Law Institute to study the laws of prescription
3 as they apply to violations of the duty of good faith and fair dealing to the persons
4 insured by insurance companies, and to submit a written report of its findings and
5 recommendations to the legislature.
6 WHEREAS, insurance companies owe a duty of good faith and fair dealing to the
7persons they insure; and
8 WHEREAS, many states, including Louisiana, have enacted laws to ensure such
9good faith and fair dealing with the insured; and
10 WHEREAS, it is in the best interest of the citizens of the state of Louisiana for there
11to exist certainty in the application of laws related to prescriptive periods for claims against
12insurance companies for violations of the obligation of good faith and fair dealing, and the
13issue of the applicable prescriptive period continues to be litigated by parties in Louisiana
14courts; and
15 WHEREAS, depending on whether a court determines the claim to be based in tort
16or contract may result in a court applying either a one-year or ten-year prescriptive period;
17and
18 WHEREAS, it would be beneficial to the Legislature of Louisiana to know the
19history of how these claims are treated, both across the nation and within Louisiana.
Page 1 of 2 HLS 18RS-3162 ENGROSSED
HCR NO. 89
1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
2authorize and direct the Louisiana State Law Institute to study the laws of prescription and
3other similar laws throughout the United States as they apply to violations of the duty of
4good faith and fair dealing to the persons insured by insurance companies, and to submit a
5written report of its findings and recommendations to the legislature no later than February
61, 2019, in order to clarify the law with respect to the applicable prescriptive period in
7Louisiana.
8 BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
9to the director of the Louisiana State Law Institute.
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 89 Engrossed 2018 Regular Session Leger
Authorizes and directs the Louisiana State Law Institute to study the laws of prescription and
other similar laws throughout the U.S. as they apply to violations of the duty of good faith
and fair dealing to the persons insured by insurance companies, and to submit a written
report of its findings and recommendations to the legislature by Feb. 1, 2019, in order to
clarify the law with respect to the applicable prescriptive period in Louisiana.
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