The legislative instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Lebra R. Bias.
CONFERENCE COMMITTEE REP ORT DIGEST
SB 214 2022 Regular Session Luneau
Keyword and summary of the bill as proposed by the Conference Committee
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)
Report adopts House amendments to:
1. Remove proposed law provision requiring a nonresident insurance adjuster to appear
in person to testify at a pretrial deposition.
2. Provide that provisions of proposed law requiring a nonresident insurance adjuster
to appear in person in the parish or venue in which the civil suit is pending shall not
apply to any insurance claim adjuster for an insurer domiciled in Louisiana.
3. Make technical changes.
Report rejects House amendments which would have:
1. Required a nonresident insurance adjuster to be available for deposition via telephone
or video teleconference.
Report amends the bill to:
1. Require a nonresident insurance adjuster to be available for deposition via telephone
or video teleconference.
2. Provide that a deposition via telephone or video teleconference shall not be
admissible as testimony at trial.
Digest of the bill as proposed by the Conference Committee
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 to adjust
an insurance claim.
Proposed law requires a nonresident insurance claims adjuster who adjusted the Louisiana
claim to appear and testify at the trial in the parish or venue in which a civil suit is pending;
and further requires that they be available for deposition by telephone or video
teleconference.
Proposed law provides that a deposition of a nonresident insurance adjuster taken via
telephone or video teleconference shall not be admissible as testimony at trial other than for
the purpose of impeachment, or upon the showing of death or incapacity of the deponent.
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)