Louisiana 2021 2021 Regular Session

Louisiana Senate Bill SB70 Comm Sub / Analysis

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DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
SB 70 Engrossed 2021 Regular Session	Abraham
Proposed law provides definitions for "hurricane", "named storm", and "separate deductible"
relative to Proposed law.
Proposed law provides that for all authorized property insurance policies and authorized
commercial multi-peril insurance policies issued or renewed by an authorized insurer on or
after August 1, 2021, any separate deductible that applies in place of any other deductible
to direct physical loss or damage resulting from a named storm or hurricane shall be applied
on an annual basis to all named storm or hurricane losses that are subject to the separate
deductible during the calendar year.
Proposed law permits an insurer to apply a deductible to the succeeding named storms or
hurricanes that is equal to the remaining amount of the separate deductible, or the amount
of the deductible that applies to all perils other than a named storm or hurricane, whichever
is greater, if an insured suffers direct physical loss or damage resulting from a named storm
or hurricane losses from more than one named storm or hurricane during a calendar year that
are subject to the separate deductible referred to in proposed law.
Proposed law provides that an insured is subject to a new named storm or hurricane
deductible under the new or renewed insurance policy, if the insured pays a named storm or
hurricane deductible for a covered loss as provided in proposed law but changes insurance
companies during the calendar year for the previously claimed property or renews a policy
that includes a different deductible.
Effective August 1, 2021.
(Adds R.S. 22:1267.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the original
bill
1. Makes technical changes.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the
engrossed bill:
1. Make technical changes.
2. Change the definition of "separate deductible" to a deductible that applies to
direct physical loss or damage resulting from a specified weather event.
3. Specify that there must be direct physical loss or damage resulting from a named
storm or hurricane for a separate deductible to apply in place of any other
deductible.
4. Specify that an insured must suffer direct physical loss or damage resulting from
more than one named storm or hurricane loss during a calendar year for a
deductible to apply to any succeeding named storm or hurricane loss.
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5. Provide for situations in which an insured pays a named storm or hurricane
deductible for a covered loss and changes insurance companies or renews a
policy that includes a different deductible amount.
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