HLS 20RS-1074 ORIGINAL 2020 Regular Session HOUSE BILL NO. 808 BY REPRESENTATIVE MAGEE INSURANCE/RATES: Provides for premium discounts on motor vehicle insurance when an insured consents to have data provided to third parties 1 AN ACT 2To amend and reenact R.S. 22:1457(D) through (G) and to enact R.S. 22:1457(H), relative 3 to motor vehicle insurance rate reductions; to provide for a rate reduction when an 4 insured consents to provide data to third parties; to require an insurer to seek and 5 obtain consent before providing data to third parties; to provide for applicability; and 6 to provide for related matters. 7Be it enacted by the Legislature of Louisiana: 8 Section 1. R.S. 22:1457(D) through (G) are hereby amended and reenacted and R.S. 922:1457(H) is hereby enacted to read as follows: 10 ยง1457. Discounts; rate reductions 11 * * * 12 D.(1) An insurer who delivers or issues for delivery in this state any policy 13 for motor vehicle insurance coverage shall grant a ten percent reduction in the 14 premiums charged for the automobile insurance policy upon the named insured 15 consenting to have data that has been collected from the named insured through a 16 safe driving program, application, or telematics device shared with or sold to any 17 third party. 18 (2) Prior to providing a named insured's data to a third party, an insurer shall 19 seek and obtain consent from the named insured. Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-1074 ORIGINAL HB NO. 808 1 (3) Nothing in this Subsection alters or limits the ability of an insurer who 2 delivers or issues motor vehicle insurance coverage to collect data from a named 3 insured as part of a safe driving program, application, or telematics device. 4 D. E. A rate reduction shall be authorized by the commissioner, if actuarially 5 justified, upon application of a rate filing by the carrier on motor vehicle liability and 6 physical damage insurance for coverage of any motor vehicle when the insured 7 vehicle is equipped with daytime running headlights or headlights equipped to 8 activate in inclement weather. 9 E. F. A rate reduction shall be authorized by the commissioner, if actuarially 10 justified, upon application of a rate filing by the carrier on motor vehicle liability and 11 physical damage insurance for coverage of any motor vehicle when the insured 12 vehicle is equipped with a global positioning system (GPS) or a vehicle tracking 13 system which aids in the recovery of stolen vehicles as such system shall be further 14 defined by rules and regulations promulgated by the Department of Insurance. 15 F. G. For fire insurance rates, all insurers shall assign the fire protection 16 grade of the fire servicing area where the property of the insured is located, provided 17 that the property is located within seven road miles of the nearest responding fire 18 department. 19 G. H. Any insurer who makes application to the commissioner for a rate 20 filing shall provide in its application details as to what discount or reduced rate will 21 be given to insureds who comply with the State Uniform Construction Code. 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 808 Original 2020 Regular Session Magee Abstract: Provides for additional premium discounts when an insured consents to provide his data that has been collected by a motor vehicle insurer to third parties. Proposed law requires an insurer to provide an insured with a 10% premium reduction when an insured gives consent to allow the insurer to share with or sell to a third party the named insured's data that has been collected through a safe driving program, application, or telematics device. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-1074 ORIGINAL HB NO. 808 Proposed law requires an insurer to seek and obtain consent before providing a third party with the named insured's data. Proposed law redesignates present law. (Amends R.S. 22:1457(D)-(G); Adds R.S. 22:1457(H)) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.