HASBSB402 BIASL 4515
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 402 2022 Regular Session Abraham
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
COURTS. Provides for special masters in certain civil actions arising within a parish
included in a major disaster declaration. (gov sig)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Changes the date for orders issued in which an opt-out must be provided
upon request of any party.
2. Adds an exception from opt-out requirements for certain judicial districts.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
SB 402 Engrossed 2022 Regular Session Abraham
Present law provides for the appointment of a special master in any civil action wherein
complicated legal or factual issues are presented or wherein exceptional circumstances of the
case warrant such appointment upon consent of all parties.
Present law provides that for causes of action arising from a disaster within a parish declared
by the president of the United States to be subject to a major disaster declaration under
federal law and certified for individual assistance in accordance with the provisions of
federal rules, the judges with civil jurisdiction in any court of competent jurisdiction may en
banc appoint one or more special masters for all causes of action related to first-party
insurance property damage claims.
Present law authorizes any special master appointed pursuant to present law to waive the
appointment.
Proposed law limits present law appointment waiver to special masters appointed to serve
in a major disaster area.
Present law further requires orders initially issued pursuant to present law after January 1,
2022, to provide for an opt-out upon request of any party.
Proposed law provides that provisions of present law related to opt out shall also not apply
to any order initially issued on or before December 31, 2022, in any judicial district that has
not previously issued an order pursuant to the provisions of this present law related to the
qualifying disaster event.
Proposed law requires that notwithstanding any provision of present law to the contrary, any
order issued pursuant to present law be applicable to the successor in interest to any party
subject to the order, in the same manner as originally applicable to the insured or insurer.
Proposed law authorizes a guaranty association can voluntarily participate in a mediation that
is initiated pursuant to a case management order six months after the guaranty association
assumes responsibility for the payment of the covered claim pursuant to an expressed order
of the receivership court or pursuant to an order of liquidation by the receivership court, or
at a time prior to the expiration of six months as the guaranty association in its sole discretion
determines that it has sufficient information to participate in a mediation, but participation
by the guaranty association in mediation can waive any rights it is afforded to under law. HASBSB402 BIASL 4515
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 13:4165(F)(7); adds R.S. 13:4165(F)(9) and (10))
______________________
Lebra R. Bias
Attorney