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2020 Regular Session
SENATE BILL NO. 373
BY SENATOR CLOUD
INSURERS. Revises time period in which insurer must provide an insured loss claims
history upon request. (8/1/20)
1 AN ACT
2 To amend and reenact R.S. 22:1964(20)(a) and (b), relative to unfair or deceptive methods,
3 acts, and practices in the business of insurance; to provide with respect to the failure
4 to provide claims history within ten business days of receipt of the insured's written
5 request; to include mail, fax, and email as methods for submitting the request; and
6 to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 22:1964(20)(a) and (b) are hereby amended and reenacted to read
9 as follows:
10 ยง1964. Methods, acts, and practices which are defined as unfair or deceptive
11 The following are declared to be unfair methods of competition and unfair
12 or deceptive acts or practices in the business of insurance:
13 * * *
14 (20) Failure to provide claims history.
15 (a) Loss information - property and casualty. Failure of a company issuing
16 property and casualty insurance to provide the following loss information, by mail
17 and, if the request was not submitted by mail, by the same means the request
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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. 373
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1 was submitted, for the three five previous policy years to the first named insured
2 within thirty ten business days of receipt of the first named insured's written request
3 submitted by mail, fax, or email:
4 (i) On all claims, date, and description of occurrence, and total amount of
5 payments.
6 (ii) For any occurrence not included in Item (i) of this Subparagraph, the date
7 and description of occurrence.
8 (b) Should the first named insured be requested by a prospective insurer to
9 provide detailed loss information in addition to that required under Subparagraph (a)
10 of this Paragraph, the first named insured may mail, fax, email, or deliver a written
11 request to the insurer for the additional information. No prospective insurer shall
12 request more detailed loss information than reasonably required to underwrite the
13 same line or class of insurance. The insurer shall provide information under this
14 Subparagraph, by mail and, if the request was not submitted by mail, by the same
15 means the request was submitted, to the first named insured as soon as possible,
16 but in no event later than twenty ten business days of receipt of the written request.
17 Notwithstanding any other provision of this Section, no insurer shall be required to
18 provide loss reserve information, and no prospective insurer may refuse to insure an
19 applicant solely because the prospective insurer is unable to obtain loss reserve
20 information.
21 * * *
The original instrument was prepared by LG Sullivan. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Brandi Cannon.
DIGEST
SB 373 Engrossed 2020 Regular Session Cloud
Present law provides for methods, acts, and practices which are defined as unfair or
deceptive, including failure to provide claims history within 30 days of receipt of the first
named insured's written request and within 20 days of receipt of the first named insured's
request for certain additional information.
Proposed law retains present law and reduces to ten business days the time frame for
providing the claims history in either case. Specifies that a written request may be submitted
by mail, fax, or email. Requires the response to be sent by mail in all cases. Requires 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. 373
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response also to be sent by the means the request was submitted, if the request was made by
fax or email.
Effective August 1, 2020.
(Amends R.S. 22:1964(20)(a) and (b))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the original
bill
1. Specify that the time period for providing the claims history is ten business
days.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.