SLS 22RS-361 ENGROSSED
2022 Regular Session
SENATE BILL NO. 134
BY SENATOR TALBOT
INSURANCE POLICIES. Provides for the presumption of coverage for certain claims
subsequent to a catastrophic event. (1/1/23)
1 AN ACT
2 To enact R.S. 22:1273, relative to presumption of insurance coverage; to provide a
3 presumption of coverage for civil authority prohibited use regarding a catastrophic
4 event; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 22:1273 is hereby enacted to read as follows:
7 ยง1273. Presumption of coverage; civil authority prohibited use
8 A. For losses that arise due to a catastrophic event in which a state of
9 disaster or emergency is declared by civil officials, for those areas within the
10 declaration, if a civil authority prohibits the insured from using their residential
11 premises and during that time, direct damage to a neighboring premises results
12 from a covered peril, the civil authority prohibited use coverage shall be
13 afforded as provided in the policy. The requirement that a civil authority
14 prohibit use is satisfied if either of the following occur:
15 (1) A civil authority issues an order of evacuation for the area in which
16 the dwelling is located as a result of a peril covered by the policy.
17 (2) A civil authority declares through public safety announcements that
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. 134
SLS 22RS-361 ENGROSSED
1 the area in which the dwelling is located should be evacuated as a result of a
2 peril covered by the policy.
3 B. For purposes of this Section, insurers shall interpret, in globo, all
4 actions of a civil authority, without regard to whether formal orders of
5 evacuation were issued.
6 Section 2. This Act shall become effective on January 1, 2023; if vetoed by the
7 governor and subsequently approved by the legislature, this Act shall become effective on
8 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 134 Engrossed 2022 Regular Session Talbot
Proposed law provides for civil authority prohibited use coverage involving catastrophic
events during which a state of disaster or emergency is declared by civil authorities. Provides
that if the civil authority prohibits the insured from using their residential premises during
the disaster or emergency and direct damage to a neighboring premises results from the
covered peril, the civil authority prohibited use coverage will be afforded as provided in the
insurance policy.
Proposed law provides that civil authority prohibit use is satisfied if either of the following
occur:
(1)The civil authority issues an order of evacuation for the area in which the dwelling
is located as a result of a peril covered by the policy.
(2)A civil authority declares through public safety announcements that the area in which
the dwelling is located should be evacuated as a result of a peril covered by the
policy.
Proposed law requires insurers to interpret all actions of a civil authority, in globo, without
regard to whether formal orders of evacuation were issued.
Effective on January 1, 2023.
(Adds R.S. 22:1273)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.