Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB214 Comm Sub / Analysis

                    HASBSB214 TYLERT 4281
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 214	2022 Regular Session	Luneau
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
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)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Adds exclusion for insurance claim adjuster for an insurer domiciled in
Louisiana.
2. Adds requirement that a nonresident insurance claims adjuster be available
for deposition by telephone or video teleconference.  
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
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 the trial
in the parish or venue in which a civil suit is pending is related to the claim; and requires that
they be available for deposition by telephone or video teleconference.
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.
Proposed law does not apply to any insurance claim adjuster for an insurer domiciled in
Louisiana.
Effective August 1, 2022.
(Amends C.C. Art. 1435)
______________________
Lebra R. Bias
Attorney