HASBSB117 TYLERT 3317
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 117 2022 Regular Session Luneau
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
INSURANCE POLICIES. Requires coverage for temporary use of a motor vehicle
not owned by the insured. (8/1/22)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Provides for the application of certain insurance coverages to an insured
when operating a vehicle not owned by the insured.
2. Provides requirements for certain coverages to apply to the insured's
operation of a vehicle not owned by the insured.
3. Provides for a determination as to which insurance is primary when an
insured operates a vehicle not owned by the insured.
4. Provides of legislative intent for proposed law.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
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 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 to 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 it is 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 .
Effective August 1, 2022.
(Adds R.S. 22:1296.1)
______________________
Thomas L. Tyler
Senate Counsel