ENROLLED
2018 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 89
BY REPRESENTATIVES LEGER AND GAROFALO
A CONCURRENT RESOL UTION
To urge and request the Louisiana State Law Institute to study the laws of prescription 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.
WHEREAS, insurance companies owe a duty of good faith and fair dealing to the
persons they insure; and
WHEREAS, many states, including Louisiana, have enacted laws to ensure such
good faith and fair dealing with the insured; and
WHEREAS, it is in the best interest of the citizens of the state of Louisiana for there
to exist certainty in the application of laws related to prescriptive periods for claims against
insurance companies for violations of the obligation of good faith and fair dealing, and the
issue of the applicable prescriptive period continues to be litigated by parties in Louisiana
courts; and
WHEREAS, depending on whether a court determines the claim to be based in tort
or contract may result in a court applying either a one-year or ten-year prescriptive period;
and
WHEREAS, it would be beneficial to the Legislature of Louisiana to know the
history of how these claims are treated, both across the nation and within Louisiana.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study the laws of prescription and other
similar laws throughout the United States 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
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report of its findings and recommendations to the legislature no later than February 1, 2019,
in order to clarify the law with respect to the applicable prescriptive period in Louisiana.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution be transmitted
to the director of the Louisiana State Law Institute.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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