RDCSB117 4282 3665
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 117 Reengrossed 2022 Regular Session Luneau
Proposed law provides that an approved insurance company, reciprocal or exchange, writing
automobile liability, uninsured, underinsured, or medical payments coverage shall not
exclude the benefits of such coverage under its policy to an insured operating a vehicle not
owned by the insured if all of the following requirements are satisfied:
(1)The coverage is in full force and effect.
(2)The insured is operating a vehicle not owned by the insured with the express or
implied permission of the vehicle's owner.
(3)The vehicle not owned by the insured that is being operated by the insured is not
provided, furnished, or available to the insured on a regular basis.
Proposed law provides that coverage provided pursuant proposed law shall be secondary to
the vehicle owner's insurance policy.
Proposed law provides that if the coverage provided pursuant to proposed law is included
within the coverage provided pursuant to present law (R.S. 22:1296), the provisions of
present law (R.S. 22:1296) shall determine which coverage is primary.
Proposed law provides that the provisions of proposed law are in direct response to the
Louisiana Supreme Court decision in Calvin Landry & Mary Landry v. Progressive Security
Insurance Company, et al, Docket Number 2021-C-00621 (January 28, 2022) to declare that
it is the intent of the legislature of Louisiana in enacting proposed law to clearly establish
that under Louisiana law, automobile insurance liability coverage related to a defendant
driver's negligent operation of a vehicle not owned by the insured is covered under the
conditions addressed by proposed law .
(Adds R.S. 22:1296.1)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical correction.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the
reengrossed bill:
1. Restore present law (R.S. 22:1296(A)).
2. Provide for the application of certain insurance coverages to an insured when
operating a vehicle not owned by the insured.
3. Provide requirements for certain coverages to apply to the insured's operation of
a vehicle not owned by the insured.
4. Provide for a determination as to which insurance is primary when an insured
operates a vehicle not owned by the insured.
5. Provide for the legislative intent for proposed law.
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