HLS 20RS-525 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 148
BY REPRESENTATIVE MIKE JOHNSON
CIVIL/VENUE: Provides relative to venue for certain actions
1 AN ACT
2To amend and reenact Code of Civil Procedure Article 76; relative to venue for actions on
3 insurance policies; to provide relative to uninsured motorist policies; to provide for
4 an exception to specific venue provisions for certain parties; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Art. 76. Action on insurance policy
8 A. An action on a life insurance policy may be brought in the parish where
9 the deceased died, the parish where he was domiciled, or the parish where any
10 beneficiary is domiciled.
11 B. An action on a health and accident insurance policy may be brought in the
12 parish where the insured is domiciled, or in the parish where the accident or illness
13 occurred.
14 C. Notwithstanding Article 42 and R.S. 22:1269, an action on an uninsured
15 motorist policy shall be brought in the parish where the wrongful conduct occurred
16 or where the damages were sustained. An action solely against the uninsured
17 motorist policy may also be brought in the parish where the insured is domiciled.
18 D. An action on any other type of insurance policy may be brought in the
19 parish where the loss occurred or the insured is domiciled.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-525 ENGROSSED
HB NO. 148
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)]
HB 148 Engrossed 2020 Regular Session Mike Johnson
Abstract: Provides venue for actions on uninsured motorist policies.
Present law (C.C.P. Art. 42) provides the general rules of venue for individuals, partnerships,
and foreign and domestic corporations and limited liability companies.
Present law (C.C.P. Art. 76) provides that actions on a health or accident insurance policy
may be brought in the parish where the insured is domiciled or where the accident or illness
occurred.
Present law (R.S. 22:1269) provides that an injured person or his survivors and heirs shall
have a right of direct action against the insurer. The action is proper in the parish where the
injury occurred or against the insurer under C.C.P. Art. 42.
Proposed law supersedes present law (C.C.P. Art. 42 and R.S. 22:1269) for actions on an
uninsured motorist policy, and provides that such actions shall be brought in the parish
where the wrongful conduct occurred or damages were sustained.
Proposed law provides that actions solely against the uninsured motorist policy may be
brought in the parish where the insured is domiciled.
(Amends C.C.P. Art. 76)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Remove proposed legislation regarding venue for delictual actions and provide
for venue for actions on uninsured motorist policies.
2. Provide that proposed law supersedes certain provisions of present law.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.