SLS 22RS-413 ORIGINAL
2022 Regular Session
SENATE BILL NO. 119
BY SENATOR TALBOT
INSURANCE CLAIMS. Provides for a catastrophe claims consumer guide. (1/1/23)
1 AN ACT
2 To enact R.S. 22:1897, relative to catastrophic claims; to provide for a catastrophic claims
3 consumer guide; to provide for the contents of the guide; to provide for distribution
4 of the guide; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R..S. 22:1897 is hereby enacted to read as follows:
7 ยง1897. Catastrophe claims consumer guide
8 A. The commissioner shall publish a catastrophe claims consumer guide
9 to inform policyholders of the property insurance claims adjustment and
10 payment process.
11 B. The catastrophe claims consumer guide shall include all of the
12 following items:
13 (1) The determination of coverages available under a property policy.
14 (2) The calculation of policy deductibles.
15 (3) An explanation of actual cash value and replacement cost value.
16 (4) Policyholder duties in the adjustment and settlement of a claim
17 including the documentation necessary for a satisfactory proof of loss.
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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. 119
SLS 22RS-413 ORIGINAL
1 (5) The supplemental claims process.
2 (6) The process for filing of a complaint with the commissioner if there
3 is any dissatisfaction with the claim adjustment and payment process.
4 (7) Policyholder rights and protections.
5 (8) Any other information the commissioner determines is beneficial to
6 the policyholder.
7 C. When the governor declares a state of emergency pursuant to R.S.
8 29:724, every insurer who receives a property insurance claim arising out of the
9 emergency shall provide each claimant with the catastrophe claims consumer
10 guide published by the commissioner no later than the initial investigation of the
11 claim by an adjuster.
12 D. Nothing in this Section shall be construed to create or imply a private
13 cause of action, nor shall it be construed to curtail a private cause of action that
14 would otherwise exist in the absence of this Section.
15 Section 2. This Act shall become effective on January 1, 2023; if vetoed by the
16 governor and subsequently approved by the legislature, this Act shall become effective on
17 the day following such approval by the legislature or January 1, 2023, whichever is later.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
SB 119 Original 2022 Regular Session Talbot
Proposed law requires the commissioner of insurance to publish a catastrophe claims
consumer guide that informs policyholders of the property insurance claims adjustment and
payment process.
Proposed law requires that the catastrophe claims consumer guide include all of the
following items:
(1)The determination of coverages available under a property policy.
(2)The calculation of policy deductibles.
(3)An explanation of actual cash value and replacement cost value.
(4)Policyholder duties in the adjustment and settlement of a claim including the
documentation necessary for a satisfactory proof of loss.
(5)The supplemental claims process.
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 119
SLS 22RS-413 ORIGINAL
(6)The process for filing of a complaint with the commissioner if there is any
dissatisfaction with the claim adjustment and payment process.
(7)Policyholder rights and protections.
(8)Any other information determined by the commissioner to be beneficial to the
policyholder.
Proposed law requires every insurer receiving a property insurance claim arising out of a
state of disaster or emergency declared by the governor to provide each claimant with the
catastrophe claims consumer guide no later than the initial investigation of a claim by an
adjuster.
Proposed law is not to be construed to create or imply a private cause of action nor shall it
be construed to curtail a private cause of action that otherwise exists in the absence of
proposed law.
Effective January 1, 2023.
(Adds R.S. 22:1897)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.