Louisiana 2021 Regular Session

Louisiana House Bill HB458

Introduced
4/2/21  
Introduced
4/2/21  
Refer
4/2/21  
Refer
4/2/21  
Refer
4/12/21  
Refer
4/12/21  
Report Pass
5/4/21  
Report Pass
5/4/21  
Engrossed
5/19/21  
Engrossed
5/19/21  
Refer
5/20/21  

Caption

Provides for additional living expenses and fair rental value coverages under residential insurance policies

Impact

The enactment of HB 458 is expected to impact residential insurance practices substantially, providing clearer guidelines for situations where homes become uninhabitable due to essential utility failures during emergencies. Insurers will be required to recognize specific conditions that classify a dwelling as not fit for occupancy, potentially leading to an increase in claims for additional living expenses. This could help homeowners facing temporary displacement due to natural disasters or emergency situations by ensuring they receive fair compensation and the support needed while service restorations occur. The bill aims to enhance policyholder protections amidst growing concerns over climate-related emergencies.

Summary

House Bill 458, introduced by Representative Firment, focuses on enhancing the coverage for additional living expenses and fair rental value under residential property insurance policies. The bill stipulates that if a residential property experiences a covered loss and utility services such as water, electricity, sewer, or natural gas are interrupted for at least 24 hours, the property will be deemed uninhabitable. This determination is contingent upon a state of emergency declared by the governor, ensuring that the new policy applies strictly to the geographic areas outlined within such declarations. The provisions of the bill become effective on July 1, 2021, and they are intended for new insurance policies issued thereafter.

Sentiment

The general sentiment surrounding HB 458 appears to be supportive, particularly among insurance reform advocates and homeowners who prioritize consumer protection in emergency situations. Supporters argue that the bill addresses a crucial gap in existing insurance coverage, allowing for adequate support during crises. However, potential contention may arise among insurance companies regarding the implications of increased claims and potential cost increases. Overall, the legislative conversations seemed positively inclined toward helping residents by providing clear definitions and protections in emergency circumstances.

Contention

While HB 458 largely aims to strengthen protections for policyholders, some points of contention may arise about the bill's implementation and the responsibilities it places on insurance providers. Critics might argue that mandating insurers to cover additional living expenses in emergency situations could lead to higher premiums or limit the willingness of insurers to engage in certain markets. Additionally, the dependence on a governor's declaration for enforcement may lead to concerns about the promptness and clarity of such declarations, affecting how quickly homeowners can receive the benefits under this new law.

Companion Bills

No companion bills found.

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