SLS 22RS-269 ENGROSSED
2022 Regular Session
SENATE BILL NO. 214
BY SENATOR LUNEAU
CIVIL PROCEDURE. Provides for deposition or trial testimony of out-of-state insurance
claims adjusters who are licensed or registered in the state. (8/1/22)
1 AN ACT
2 To amend and reenact Code of Civil Procedure Art. 1435, relative to depositions and trial
3 testimony of certain insurance claims adjusters; to require certain out-of-state
4 insurance claims adjusters to appear and offer testimony; to provide for venue; to
5 provide for definitions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Art. 1435 is hereby amended and reenacted to
8 read as follows:
9 Art. 1435. Deposition taken in another state, or in a territory, district, or foreign
10 jurisdiction; exceptions; out-of-state insurance claims adjusters
11 A. If the witness whose deposition is to be taken is found in another state, or
12 in a territory, district, or foreign jurisdiction, the law of the place where the
13 deposition is to be taken shall govern the compulsory process to require the
14 appearance and testimony of witnesses, but otherwise the provisions of this Chapter
15 or of R.S. 13:3823 shall be applicable to such a deposition.
16 B.(1) Notwithstanding any other provision of law to the contrary, an
17 insurance claims adjuster who is not a resident of Louisiana but who has made
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 214
SLS 22RS-269 ENGROSSED
1 a physical appearance in the state in order to adjust an insurance claim which
2 is the subject of a civil suit shall be required to appear in person in the parish
3 or venue in which the civil suit is pending and to testify at a pretrial deposition
4 or at the trial on the merits.
5 (2) For purposes of this Subsection, "insurance claims adjuster" shall
6 have the same meaning as "adjuster" as defined in R.S. 22:1661.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 214 Engrossed 2022 Regular Session Luneau
Present law provides for the compulsory process related to requiring the appearance and
testimony of witnesses that are located in another state, territory, district, or foreign
jurisdiction. Present law further provides that the rules concerning any deposition are to be
governed by the law of the place where the deposition is to be taken.
Proposed law retains present law but creates an exception for an insurance claims adjuster
who does not reside in Louisiana but who makes a physical appearance in this state, in this
state to adjust an insurance claim. Proposed law provides that an out-of-state insurance
claims adjuster who adjusted the Louisiana claim is required to appear and testify at a
deposition or a trial in the parish or venue in which a civil suit is pending is related to the
claim.
Proposed law provides that "insurance claims adjuster" means those persons who are
licensed or registered with the Dept. of Insurance to investigate or adjust claims on behalf
of an insurance company as an independent contractor or an employee.
Effective August 1, 2022.
(Amends C.C. Art. 1435)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Provides that an out-of-state insurance claims adjuster must make a physical
appearance in the state to adjust the claim in order to be required to appear
in parish or venue to give deposition or trial testimony.
2. Provides for a definition of insurance claims adjuster.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.