HASBSB198 TYLERT 3500
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 198 2022 Regular Session Talbot
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
INSURANCE CLAIMS. Provides for adjustment of residential claims. (8/1/22)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE 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. Provides the items to be included in the written status report.
3. Adds requirement that the insured maintain a primary contact until the
insured closes the claim.
4 Requires the primary contact refer the insured to his supervisor upon request
and removes stipulation as to the type of supervisor.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
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 due to a named storm or hurricane
for which 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) The manner in which the insured's deductible has been applied and a
statement as to whether the applicable deductible has been exhausted.
(b) The dollar amounts available under each coverage.
(c) The dollar amounts paid under each coverage.
(d) The dates on which payments were issued, to whom checks were payable,
and addresses to which checks were sent or the means by which funds were
otherwise delivered.
(e) A summary of items known to the insurer, as of the date of the status report,
that remain to be adjusted and for which the insured must provide further
information or documentation to the insurer in order to complete the
adjustment process.
(2) A primary contact.
(3)Two or more direct means of communication with the primary contact. HASBSB198 TYLERT 3500
Proposed law defines "primary contact" as an adjuster or team employed or retained as a
member or members of the insurer's staff who is knowledgeable about the claim.
Proposed law requires the insurer to maintain a primary contact 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 requires that the insurer refer the insured to his supervisor at the request of the
insured.
Effective on August 1, 2022.
(Adds R.S. 22:46(14.1) and R.S. 22:1897)
______________________
Thomas L. Tyler
Senate Counsel