Louisiana 2022 2022 Regular Session

Louisiana House Bill HB951 Comm Sub / Analysis

                    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)]
HB 951 Engrossed	2022 Regular Session	Jordan
Abstract: Requires automobile liability insurance policies include uninsured motorist coverage.
Present law provides that automobile liability insurance covering liability arising out of the
ownership, maintenance, or use of any motor vehicle shall provide coverage in not less than the
limits of bodily injury liability for protection of persons insured thereunder who are entitled to
recover nonpunitive damages from owners or operators of uninsured or underinsured motor vehicles,
unless the named insured rejects the coverage, selects lower limits but not less than the minimum
liability limits required in present law (R.S. 32:900), or selects economic-only coverage.
Present law provides that insurers may make available, at a reduced premium, uninsured  motorist
coverage with an exclusion for all noneconomic loss.  This coverage is known as "economic-only"
uninsured motorist coverage.  
Present law provides that noneconomic loss means any loss other than economic loss and includes
but is not limited to pain, suffering, inconvenience, mental anguish, and other noneconomic damages
otherwise recoverable under the laws of this state.
Proposed law provides that automobile liability insurance provided for in present law shall include
uninsured motorist coverage as provided in present law.
Proposed law repeals the option in present law for a named insured to reject uninsured motorist
coverage or select economic-only coverage.
Present law provides that if an insured rejects uninsured motorist coverage, selects a limit lower than
bodily injury liability, or selects economic-only coverage, the selection shall be made on a form
prescribed by the commissioner, which shall be considered a part of the policy.  Proposed law
provides that the insured may thereafter change his uninsured motorist coverage selection by
submitting a new selection form to the insurer on the form prescribed by the commissioner.
Proposed law repeals present law.
Present law provides that uninsured motorist coverage shall apply to any liability insurance covering
any accident which occurs in this state and involves a resident of this state.
Present law provides that an automobile liability policy written to provide coverage for a school bus
may limit the scope of uninsured motorist liability to only provide liability coverage for damages incurred by reason of an accident or incident involving the school bus, or a temporary substitute
vehicle, and such limitation shall limit the uninsured motorist coverage of a named insured in the
policy to only damages incurred by reason of such accident or incident.
Proposed law retains and recodifies present law.
Present law provides that unless the named insured has rejected uninsured motorist coverage, an
insurer issuing an automobile liability policy that does not afford collision coverage shall, at the
written request of a named insured, provide coverage in the amount of the actual cash value of such
motor vehicle or the minimum amount of property damage liability insurance required by present
law (R.S. 32:851 et seq.), whichever is less.  
Proposed law applies present law to all uninsured motorist coverage policies.
Present law defines "uninsured motor vehicle" for the purposes of present law.
Proposed law retains and makes technical changes to present law.
(Amends R.S. 22:1295(1)(a) and (d)(intro. para.) and (2))