RDCSB198 4282 3804
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 198 Engrossed 2022 Regular Session Talbot
Present law provides general definitions applicable to the insurance code.
Proposed law retains present law and adds definitions for "residential coverage", "personal
residential coverage", and "commercial residential coverage".
Proposed law provides that if an insurance claim arises out of a declared state of emergency
or disaster and within a six-month period the insurer assigns a third or subsequent claims
adjuster to be primarily responsible for a personal residential property insurance claim, the
insurer shall in a timely manner provide insured all of the following:
(1)A written status report that includes at least the following:
(a)A summary of decisions or actions that are substantially related to the
disposition of the claim.
(b)The dollar amount of coverage for losses to structures and contents.
(c)The undisputed dollar amount of losses to structures and contents.
(d)Information regarding whether the insurer retains or intends to consult design
or construction professionals.
(e)All items in dispute.
(2) A primary contact.
(3)Two or more direct means of communication with the primary contact.
Proposed law defines "primary contact" as an adjuster or team employed as a member or
members of the insurer's staff who is knowledgeable about the claim.
Proposed law requires the primary contact to remain assigned to the insured's claim until the
insurer closes the claim or a party files suit on the claim.
Proposed law provides that the designation of the primary contact does not preclude other
claims personnel, vendors, or professionals, including clerical staff members and call staff
members from working on portions of the insured's claim.
Proposed law provides that if the insured needs information or otherwise requests, the
insurer is required to ensure that the primary contact refers and transfers the insured to the
appropriate supervisor that has a span of control over the primary contact and is satisfied by
a referral to a first-tier or second tier manager who has authority over claim handling.
Effective on January 1, 2023.
(Adds R.S. 22:46(14.1) and R.S. 22:1897)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the original
bill
Page 1 of 2 RDCSB198 4282 3804
1. Makes technical changes.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the
engrossed bill:
1. Specify that requirements for insurers who assign a third or subsequent claims
adjuster within a six-month period applies to personal residential insurance
claims.
2. Make technical changes.
Page 2 of 2