2022 Regular Session ENROLLED
SENATE BILL NO. 117
BY SENATOR LUNEAU
1 AN ACT
2 To enact R.S. 22:1296.1, relative to automobile insurance; to provide for the application of
3 certain insurance coverages to an insured when operating a vehicle not owned by the
4 insured; to provide certain requirements for such coverages to apply to the insured's
5 conduct; to provide for a determination as to which insurance is primary; to provide
6 legislative intent; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 22:1296.1 is hereby enacted to read as follows:
9 ยง1296.1. Coverage for drivers of non-owned vehicles; requirements
10 A. An approved insurance company, reciprocal or exchange, writing
11 automobile liability, uninsured, underinsured, or medical payments coverage
12 shall not exclude the benefits of such coverage under its policy to an insured
13 operating a vehicle not owned by the insured if all of the following requirements
14 are satisfied:
15 (1) The coverage is in full force and effect.
16 (2) The insured is operating a vehicle not owned by the insured with the
17 express or implied permission of the vehicle's owner.
18 (3) The vehicle not owned by the insured that is being operated by the
19 insured is not provided, furnished, or available to the insured on a regular basis.
20 B. Coverage provided pursuant to this Section shall be secondary to the
21 vehicle owner's insurance policy.
22 C. If the coverage provided pursuant to this Section is included within
23 the coverage provided pursuant to R.S. 22:1296, the provisions of R.S. 22:1296
24 shall determine which coverage is primary.
ACT No. 77
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 117 ENROLLED
1 Section 2. R.S. 22:1296.1 as enacted by Section 1 of this Act is enacted in direct
2 response to the Louisiana Supreme Court decision in Calvin Landry & Mary Landry v.
3 Progressive Security Insurance Company, et al., Docket Number 2021-C-00621 (January
4 28, 2022) to declare that it is the intent of the Legislature of Louisiana in enacting this Act
5 to clearly establish that under Louisiana law, automobile insurance liability coverage related
6 to a defendant driver's negligent operation of a vehicle not owned by the insured is covered
7 under the conditions addressed by R.S. 22:1296.1.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.