HLS 19RS-3180 ORIGINAL
2019 Regular Session
HOUSE RESOLUTION NO. 220
BY REPRESENTATIVE GAROFALO
INSURANCE: Requests the Louisiana State Law Institute to study laws concerning award
of penalties and attorney fees under the Louisiana Insurance Code
1 A RESOLUTION
2To authorize and request the Louisiana State Law Institute to study and make
3 recommendations regarding the provisions of the Louisiana Insurance Code,
4 comprising Title 22 of the Louisiana Revised Statutes of 1950, concerning payment
5 of claims, penalties, and attorney fees under the Louisiana Insurance Code.
6 WHEREAS, the subject and availability of insurance is of great interest and
7importance to the people and businesses of this state; and
8 WHEREAS, each year the legislature attempts to address insurance legislation
9concerning a myriad of proposals dealing with insurance, insurers, claims, regulations, and
10interrelated matters; and
11 WHEREAS, the purpose of Title 22 of the Louisiana Revised Statutes of 1950,
12known and cited as the Louisiana Insurance Code, is to regulate the insurance industry in all
13of its phases; and
14 WHEREAS, the purpose of the Louisiana State Law Institute is to promote and
15encourage the clarification and simplification of the law of Louisiana and its better
16adaptation to present social needs; to secure the better administration of justice; and to carry
17on scholarly legal research and scientific legal work; and
18 WHEREAS, the Louisiana Insurance Code contains several provisions that provide
19for causes of action and recovery of penalties or attorney fees, or both, from insurance
20companies; and
Page 1 of 2 HLS 19RS-3180 ORIGINAL
HR NO. 220
1 WHEREAS, these provisions of the Louisiana Insurance Code differ depending upon
2the nature or type of the underlying insurance policy at issue; and
3 WHEREAS, as amended, these provisions of the Insurance Code appear to be
4inconsistent and require study and possible revision; and
5 WHEREAS, there is an overriding public need to carefully study and deliberate prior
6to recommending changes to the Louisiana Insurance Code to maintain the confidence of the
7public in the insurance industry, its products, and the regulatory agencies and departments
8of the state and their operation, independence, and reliability; and
9 WHEREAS, the study of the relevant provisions of the Louisiana Insurance Code and
10proposals for revisions or amendments would bring clarity and certainty to this important
11area of Louisiana's insurance laws.
12 THEREFORE, BE IT RESOLVED that the House of Representatives of the
13Legislature of Louisiana does hereby authorize and request the Louisiana State Law
14Institute to study the laws concerning the award of penalties and attorney fees under the
15provisions of the Louisiana Insurance Code and make recommendations to the legislature
16of proposed legislation.
17 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
18a report detailing the results of its study and any proposed legislation to the Legislature of
19Louisiana no later than February 1, 2020.
20 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
21president 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)]
HR 220 Original 2019 Regular Session Garofalo
Requests the Louisiana State Law Institute to study the provisions concerning the award of
penalties and attorney fees and make recommendations to clarify and correct inconsistencies
in the La. Insurance Code no later than Feb. 1, 2020.
Page 2 of 2