HASBSB163 TYLERT 3327
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 163 2022 Regular Session Talbot
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
INSURANCE CLAIMS. Provides for catastrophic claims process disclosure.
(1/1/23)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Makes technical changes.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
SB 163 Reengrossed 2022 Regular Session Talbot
Proposed law requires the commissioner to promulgate certain rules and regulations relative
to a catastrophe claim process disclosure form that includes but is not limited to the
following:
(1)An explanation of the claims process and the manner through which the insurer
should communicate with the insured, subject to the terms and conditions of the
insurance policy.
(2)An explanation of the supplemental claim process and the manner through which the
insurer should communicate with the insured, subject to the terms and conditions of
the insurance policy.
(3)An explanation of the methodology used to calculate the percentage of the insured
value of the property applicable to the insured's hurricane, named storm, wind, and
hail deductibles.
(4)An explanation of the difference between the actual cash valuation and the
replacement cost valuation.
(5)The rights and protections a policyholder has under state law.
(6)An explanation of the duties a policyholder has in order to settle an insurance claim.
(7)An explanation of the items necessary to properly document an insurance claim.
(8)An explanation of the procedure for filing a complaint with the department.
(9)A statement that informs the policyholder that if he files a claim for damage to a
property subject to a mortgage, he may be required to notify the lender or mortgage
servicer of the claims.
(10)A statement that informs the policyholder that if he receives proceeds from an
insurance settlement for damage to a property subject to a mortgage, the policyholder
may be required to contact the lender or mortgage servicer, as the lender or mortgage
servicer may be a named payee whose endorsement may be required prior to
depositing the insurance proceeds.
(11)An explanation of the procedure for filing a complaint with the Office of Financial
Institutions.
(12)The process for utilizing the Hurricane Mediation Program if there is a disputed
residential property insurance claim for property damage. HASBSB163 TYLERT 3327
Proposed law provides that if the governor declares a state of emergency, insurers settling
property insurance claims that arise out of the state of emergency shall send to a
policyholder filing a property damage claim, the catastrophe claim process disclosure form.
Proposed law provides that the insurer shall send the disclosure form to the policyholder no
later than the date of the initial investigation of the claim by an adjuster.
Proposed law provides that the disclosure form may be sent by U.S. mail, electronic
delivery, or hand delivery.
Proposed law provides that nothing in proposed law shall be construed to provide a
policyholder with a civil cause of action.
Effective on Jan.1, 2023.
(Add R.S. 22:1897)
______________________
Thomas L. Tyler
Senate Counsel