SLS 22RS-421 ORIGINAL
2022 Regular Session
SENATE BILL NO. 253
BY SENATOR BARROW
INSURANCE DEPARTMENT. Provides an unfair trade practice if an insurer takes
advantage of an insured who is a senior or a special needs individual during a disaster or
declared emergency. (8/1/22)
1 AN ACT
2 To enact R.S. 22:32 and 1965, relative to powers and duties of the commissioner of
3 insurance; to prohibit insurers from taking advantage of or discriminating against
4 certain insureds due to age or special needs; to authorize the commissioner to issue
5 a cease and desist order for violations; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 22:32 and 1965 are hereby enacted to read as follows:
8 §32. Discrimination; senior citizens; insureds with special needs
9 A. During a declared state of emergency or disaster, no insurer shall
10 discriminate against or otherwise take advantage of an insured who is a senior
11 citizen over the age of sixty or an insured possessing a special medical need or
12 developmental disability when processing any claim or assisting in processing
13 any claim for damages arising from the declared state of emergency or disaster.
14 B. The commissioner of insurance shall promulgate rules and regulations
15 to follow up with claims to determine if an insurer is in violation of R.S.
16 22:1965.
17 * * *
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 253
SLS 22RS-421 ORIGINAL
1 §1965. Power of commissioner of insurance
2 A. The commissioner of insurance may examine and investigate the
3 affairs of every person engaged in the business of insurance to determine if the
4 insurer is in violation of R.S. 22:32.
5 B. Any violation of R.S. 22:32 is an unfair trade practice and the
6 commissioner of insurance shall issue a cease and desist order pursuant to R.S.
7 22:1970.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
SB 253 Original 2022 Regular Session Barrow
Proposed law prohibits an insurer, during a declared state of emergency or disaster from
discriminating against or taking advantage of an insured who is a senior citizen over the age
of sixty or an insured possessing a special medical need or developmental disability when
processing any claim or assisting in processing any claim for damages arising from the
declared state of emergency or disaster.
Proposed law requires the commissioner of insurance to promulgate rules and regulations
to follow up with claims to determine if an insurer has violated proposed law.
Proposed law authorizes the commissioner to examine the affairs of insurers to determine
violations of proposed law and provides that any violation is an unfair trade practice and the
insurer is subject to a cease and desist order from the commissioner.
Effective August 1, 2022.
(Adds R.S. 22:32 and 1965)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.