RÉSUMÉ DIGEST
ACT 344 (HB 585) 2021 Regular Session Geymann
Relative to homeowner's insurance claims, new law provides that an insurer shall issue a
copy of the insurer's field adjuster report, relative to the insured's property damage claim, to
the insured within 15 days of receiving a request for such.
Existing law provides that failure to make payment or a written offer to settle a property
damage claim within 30 days after receipt of satisfactory proof of loss shall subject the
insurer to a penalty of 50% damages on the amount found to be due from the insurer to the
insured or $1,000, whichever is greater.
Existing law provides that in the event a partial payment or tender has been made, the insurer
shall be subject to a penalty of 50% of the difference between the amount paid or tendered
and the amount found to be due as well as reasonable attorney fees and costs.
New law retains existing law but provides that in cases of a presidentially or gubernatorially
declared disaster, failure to make payment on a claim or make a written settlement offer
within 30 days of receiving proof and demand for such when such failure is arbitrary,
capricious, or without probable cause shall subject the insurer to a penalty of 50% damages
on the amount found to be due or $2,500, whichever is greater.
New law provides that in the case of a presidentially or gubernatorially declared disaster, if
a partial payment on a claim has been made, the insurer shall pay a penalty to the insured in
the amount of 50% of the difference between the amount paid and the amount due as well
as reasonable attorney fees or $2,500, whichever is greater.
New law provides that the penalties in new law, if awarded, shall not be used by the insurer
in computing past or prospective loss experience for the purpose of setting rates or making
rate filings.
New law makes technical changes.
Effective August 1, 2021.
(Amends R.S. 22:1892(B)(1); Adds R.S. 22:1892(A)(5))