Provides for deposition or trial testimony of out-of-state insurance claims adjusters who are licensed or registered in the state. (8/1/22)
The impact of SB 214 centers on the legal accountability of insurance claims adjusters who operate across state lines. By requiring in-person attendance for testimony in Louisiana courts, the bill seeks to ensure that out-of-state adjusters are not only present to provide accurate testimony but also to face rigorous cross-examination during trials. This could potentially strengthen the legal process for plaintiffs who may have otherwise struggled to confront insurance adjusters lacking physical presence in the courtroom during relevant cases.
Senate Bill 214 amends the Louisiana Code of Civil Procedure to address the deposition and trial testimony of nonresident insurance claims adjusters. Specifically, the bill mandates that adjusters not residing in Louisiana must appear in person to testify in civil suits for which they have provided adjustments. This requirement is aimed at ensuring that out-of-state adjusters are held accountable and provide firsthand accounts during legal proceedings. Additionally, while these adjusters can be deposed via telephone or video teleconference, such depositions are limited in their admissibility as courtroom testimony under specified conditions.
The sentiment surrounding SB 214 appears generally supportive, particularly from those within the legal and insurance communities who advocate for stronger measures to ensure accountability. However, there may be concerns regarding the practicality of such requirements for nonresident adjusters, especially regarding travel burdens and accessibility. Some opponents may argue that these regulations could unintentionally limit the ability of insurers to efficiently handle claims, which could lead to longer resolution times for policyholders.
Contention may arise particularly around the enforceability of the testimony requirements and the practicality of compelling nonresident adjusters to appear in court. Questions could be raised regarding the implications of this bill on insurance operations in multi-state situations and whether it hinders the adaptive strategies of adjusters who typically operate in more flexible capacities. Moreover, there might be concerns about the fiscal impact on smaller insurance companies that may struggle with the increased costs of compliance related to out-of-state operations.