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