SLS 22RS-166 ORIGINAL
2022 Regular Session
SENATE BILL NO. 117
BY SENATOR LUNEAU
INSURANCE POLICIES. Requires insurers provide coverage for the temporary use of a
motor vehicle not owned by the insured. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 22:1296(A), relative to insurers providing coverage for the
3 temporary use of a motor vehicle not owned by an insured; to provide terms and
4 conditions; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 22:1296(A) is hereby amended and reenacted to read as follows:
7 ยง1296. Coverage of temporary, substitute, and rental vehicles
8 A. Every approved insurance company reciprocal or exchange, An insurer
9 writing automobile liability, physical damage, or collision insurance, shall extend
10 coverage to a temporary substitute motor vehicles vehicle as that shall be defined
11 in the applicable insurance policy that is no more restrictive than the motor
12 vehicle as a privately owned motor vehicle that is not owned by or furnished or
13 available for the regular use by the insured while the motor vehicle is in the
14 custody of or being operated by the insured and to a rental motor vehicles vehicle
15 any and all such insurance coverage in effect in the original policy or policies. Where
16 an insured has coverage on a single or multiple vehicles, at least one of which has
17 comprehensive and collision or liability insurance coverage, those coverages shall
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 117
SLS 22RS-166 ORIGINAL
1 apply to the temporary substitute motor vehicle, as defined in the applicable
2 insurance policy, or rental motor vehicle. Such insurance shall be primary. However,
3 if other automobile insurance coverage or financial responsibility protection is
4 purchased by the insured for the temporary substitute or rental motor vehicle, that
5 coverage shall become primary. The coverage purchased by the insured shall not be
6 considered a collateral source.
7 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Beth O'Quin.
DIGEST
SB 117 Original 2022 Regular Session Luneau
Present law requires insurers writing automobile liability insurance, physical damage
insurance or collision insurance is required to extend coverage for an insured's temporary
use of a motor vehicle as defined in the applicable insurance policy and to rental vehicles
any and all coverage in effect in the insured's original policy or policies. If an insured has
coverage on a single or multiple vehicles, at least one must have comprehensive, collision,
or liability insurance coverage, and the coverages shall apply to the temporary substitute
vehicle, as defined in the applicable insurance policy, or rental motor vehicle. Requires
insurance is primary, except if other automobile insurance coverage or financial
responsibility protection is purchased by the insured for the temporary substitute or rental
motor vehicle, then that coverage is primary. Further, the coverage purchased by the insured
is not considered a collateral source.
Proposed law retains present law but requires an insurer to define temporary use of a motor
vehicle is no more restrictive than the motor vehicle is a privately owned motor vehicle that
is not owned by, furnished, or available for regular use by the insured while in the custody
of or being operated by the insured.
Effective on August 1, 2022.
(Amends R.S. 22:1296(A))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.