2022 Regular Session ENROLLED
SENATE BILL NO. 198
BY SENATORS TALBOT, BERNARD, FESI, JACKSON, PEACOCK, SMITH AND
STINE AND REPRESENTATIVE WILLARD
1 AN ACT
2 To enact R.S. 22:46(14.1) and 1897, relative to the adjustment of claims; to provide for
3 definitions; to provide for a written status report; to provide for a primary contact
4 with the insurer; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 22:46(14.1) and 1897 are hereby enacted to read as follows:
7 §46. General definitions
8 In this Code, unless the context requires, the following definitions apply:
9 * * *
10 (14.1) "Residential coverage" means coverage for persons that have an
11 interest in residential property that is either personal or commercial and
12 includes coverage for particular perils like wind, named storms, and hurricanes.
13 (a) "Personal residential coverage" means the type of coverage provided
14 by homeowners, mobile homeowners, dwelling, tenant, condominium unit
15 owner, and similar policies.
16 (b) "Commercial residential coverage" means the type of coverage
17 provided by condominium or homeowners' association, apartment building, and
18 similar policies.
ACT No. 263
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words in boldface type and underscored are additions. SB NO. 198 ENROLLED
1 * * *
2 §1897. Adjuster communications
3 A. For a personal residential insurance claim that arises due to a named
4 storm or hurricane for which a state of emergency or disaster is declared
5 pursuant to R.S. 29:724, and the insurer within a six-month period assigns a
6 third or subsequent claims adjuster to be primarily responsible for the
7 insurance claim, the insurer shall provide the insured in a timely manner all of
8 the following:
9 (1) A written status report that shall include at least the following:
10 (a) The manner in which the insured's deductible has been applied and
11 a statement as to whether the applicable deductible has been exhausted.
12 (b) The dollar amounts available under each coverage.
13 (c) The dollar amounts paid under each coverage.
14 (d) The dates on which payments were issued, to whom checks were
15 payable, and addresses to which checks were sent or the means by which funds
16 were otherwise delivered.
17 (e) A summary of items known to the insurer, as of the date of the status
18 report, that remain to be adjusted and for which the insured must provide
19 further information or documentation to the insurer in order to complete the
20 adjustment process.
21 (2) A primary contact.
22 (3) Two or more direct means of communication with the primary
23 contact.
24 B."Primary contact" in Paragraph (A)(2) of this Section means an
25 adjuster or team employed or retained as a member or members of the
26 insurer's staff who are knowledgeable about the claim. The insurer shall
27 maintain a primary contact until the insurer closes the claim or a party files suit
28 on the claim. The designation of a primary contact shall not preclude other
29 claims personnel, vendors, or professionals, including clerical staff members,
30 and call center staff members from working on portions of the insured's claim.
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Coding: Words which are struck through are deletions from existing law;
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1 C. The primary contact shall refer the insured to his supervisor at the
2 request of an insured.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.