Louisiana 2020 2020 Regular Session

Louisiana Senate Bill SB156 Engrossed / Bill

                    SLS 20RS-155	REENGROSSED
2020 Regular Session
SENATE BILL NO. 156
BY SENATOR LUNEAU 
INSURERS.  Prohibits insurance contracts from depriving courts of this state of the
jurisdiction or venue of action against insurer. (8/1/20)
1	AN ACT
2 To amend and reenact R.S. 22:868(A) and to enact R.S. 22:868(D), relative to insurers; to
3 provide relative to insurance contracts; to provide relative to limiting of actions; to
4 provide certain prohibitions; to provide relative to jurisdiction and venue; and to
5 provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 22:868(A) is hereby amended and reenacted and R.S. 22:868(D) is
8 hereby enacted to read as follows: 
9 ยง868. Limiting actions; jurisdiction; venue
10	A. No insurance contract delivered or issued for delivery in this state and
11 covering subjects located, resident, or to be performed in this state, or any group
12 health and accident policy insuring a resident of this state regardless of where made
13 or delivered, shall contain any condition, stipulation, or agreement either:
14	(1) Requiring it to be construed according to the laws of any other state or
15 country except as necessary to meet the requirements of the motor vehicle financial
16 responsibility laws of such other state or country.
17	(2) Depriving the courts of this state of the jurisdiction or venue of action
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 156
SLS 20RS-155	REENGROSSED
1 against the insurer.
2	*          *          *
3	D. The provisions of Subsection A of this Section shall not prohibit a
4 forum or venue selection clause in a policy form that is not subject to approval
5 by the Department of Insurance.
The original instrument was prepared by Xavier Alexander. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Nancy Vicknair.
DIGEST
SB 156 Reengrossed 2020 Regular Session	Luneau
Present law provides that no insurance contract made in the state of Louisiana shall contain
any condition, stipulation, or agreement depriving the courts of this state of jurisdiction of
action against the insurer.
Proposed law provides that no insurance contract made in the state of Louisiana shall contain
any condition, stipulation, or agreement depriving the courts of this state of venue or
jurisdiction of action against the insurer.
Proposed law provides that the provisions of present law do not prohibit a forum or venue
selection in a policy form that is not subject to approval by the Dept. of Insurance.
Effective August 1, 2020.
(Amends R.S. 22:868(A); adds R.S. 22:868(D))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Provides that the provisions in present law do not prohibit a forum or venue
selection in a policy form that is not subject to approval by the Dept. of
Insurance.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.