SLS 20RS-266 ORIGINAL
2020 Regular Session
SENATE BILL NO. 247
BY SENATOR CONNICK
LIABILITY. Prohibits certain collateral source benefits from being claimed as set-offs of
damages for civil liability purposes. (8/1/20)
1 AN ACT
2 To enact Civil Code Art. 2324.3, relative to civil liability and damages; to provide relative
3 to payments from collateral sources; to prohibit certain uses and effects; to provide
4 certain requirements, prohibitions, and exceptions; to provide certain terms and
5 conditions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Civil Code Art. 2324.3 is hereby enacted to read as follows:
8 Art. 2324.3. Payments from collateral sources; prohibitions
9 The amount of recovery of an injured plaintiff may not be reduced
10 because of monies or reimbursement received by the plaintiff from sources
11 independent of the procuration or contribution of the tortfeasor. Evidence of
12 such monies or reimbursement shall not be admitted to mitigate, reduce, or
13 avoid liability or damages of the tortfeasor. The limitations herein include
14 monies or reimbursement received by the plaintiff gratuitously or from
15 insurance when the plaintiff has a right to claim or has claimed payment. The
16 limitations herein do not include monies or reimbursement received by the
17 plaintiff when there was no consideration provided by the plaintiff for the
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 247
SLS 20RS-266 ORIGINAL
1 benefit or the patrimony of the plaintiff was not diminished by the availability
2 of the benefit. The limitations herein also do not affect the contractual
3 subrogation rights of an insurer or healthcare provider seeking reimbursement.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 247 Original 2020 Regular Session Connick
Proposed law, relative to civil liability and damages, provides that the plaintiff's amount of
recovery may not be reduced because of monies or reimbursements received from sources
independent of the procuration or contribution of the tortfeasor.
Proposed law provides that evidence of these monies shall not be admitted to mitigate,
reduce, or avoid liability or damages of the tortfeasor.
Proposed law provides that such limitations include monies or reimbursement received by
the plaintiff gratuitously or from insurance when the plaintiff has a right to claim or has
claimed payment.
Proposed law further provides that such limitations do not include monies or reimbursement
received by the plaintiff when there was no consideration provided by the plaintiff for the
benefit or the patrimony of the plaintiff was not diminished by the availability of the benefit.
Proposed law also provides that such limitations do not affect the contractual subrogation
rights of an insurer or healthcare provider seeking reimbursement.
Effective August 1, 2020.
(Adds C.C. Art. 2324.3)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.