SLS 22RS-505 ORIGINAL
2022 Regular Session
SENATE BILL NO. 331
BY SENATOR STINE
INSURANCE CLAIMS. Provides for transparency involving residential or commercial
property damaged by a named storm or windstorm. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 22:1896(A), relative to residential or commercial property
3 insurance; to require an insurer to send a policyholder of a residential or commercial
4 property insurance claim a copy of the Louisiana Bill of Rights under certain terms
5 and conditions; to require an insurer to provide a policyholder of a residential or
6 commercial property insurance claim certain documents under certain terms and
7 conditions; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 22:1896(A) is hereby amended to read as follows:
10 ยง1896. Right to transparency and integrity in adjustment of property claims
11 A.(1) An insurer of a residential or commercial property shall respond to all
12 inquiries or requests from the insured within fourteen days of the inquiry or request,
13 unless such time period to respond has been extended by the commissioner of
14 insurance because of a disaster or emergency declared in accordance with R.S.
15 29:721 et seq.
16 (2) An insurer shall provide a copy of the Louisiana Policyholder Bill of
17 Rights disclosure notice to a policyholder who has filed a residential or a
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 331
SLS 22RS-505 ORIGINAL
1 commercial property insurance claim for property damaged in this state and
2 the property damage is in an area of the named storm or windstorm that is the
3 subject of the declared state of emergency or disaster pursuant to R.S. 29:724.
4 The insurer shall send the notice no later than the initial investigation of the
5 claim by an adjuster. The notice may be sent by United States mail, electronic
6 delivery, or hand delivery.
7 (3) Until a final settlement is reached between the insurer and the
8 policyholder of a residential or commercial property insurance claim for
9 property damaged in this state and the property damage is in an area of the
10 named storm or windstorm that is the subject of the declared state of
11 emergency or disaster pursuant to R.S. 29:724, the insurer shall send the
12 policyholder any estimates, bids, plans, measurements, drawings, engineer
13 reports, contractor reports, recordings of communications between the
14 policyholder and the insurer, or the insurer's contractors, statements, or
15 documents that are not legally privileged that the insurer prepared, had
16 prepared, or used during its adjustment of the policyholder's claim. The insurer
17 shall send this information to the policyholder within thirty days from the date
18 the documents were prepared. The documents may be sent by United States
19 mail, electronic delivery, or hand delivery.
20 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Beth O'Quin.
DIGEST
SB 331 Original 2022 Regular Session Stine
Present law requires an insurer to respond within 14 days from the date an insured made an
inquiry or request to the insurer that arises out of a state of emergency or disaster declared
by the governor.
Proposed law retains present law but requires an insurer to provide a copy of the Louisiana
Bill of Rights disclosure notice to a policyholder who filed a residential or a commercial
property insurance claim and the property damaged is located in this state and the property
damaged is in the area that the named storm or windstorm is the subject of the state of
emergency or disaster declared by the governor. Requires the insurer to send the notice to
the policyholder no later than the initial investigation of the claim by an adjuster. Provides
the notice may be sent by US mail, electronic delivery, or hand delivery.
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 331
SLS 22RS-505 ORIGINAL
Proposed law retains present law but requires that until a settlement is reached between the
insurer and the policyholder, the insurer must provide certain documents to the policyholder
of a residential or commercial property insurance claim for property located in this state and
the property is damaged in an area the named storm or windstorm is the subject of the state
of emergency or disaster declared by the governor. Requires the insurer to send certain
documents 30 days after the documents were prepared. Provides the insurer may send the
documents by US mail, electronic delivery, or hand delivery.
Effective on August 1, 2022.
(Amends R.S. 22:1896(A))
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.