RÉSUMÉ DIGEST
ACT 753 (SB 402) 2022 Regular Session Abraham
Prior law provided 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.
Prior law provided 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.
Prior law authorized any special master appointed to waive the appointment.
New law limits appointment waiver to special masters appointed to serve in a major disaster
area.
Prior law required orders initially issued after January 1, 2022, to provide for an opt-out upon
request of any party.
New law provides that provisions of prior 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 related to the qualifying disaster event.
New law requires that any order issued shall 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.
New 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.
Effective June 18, 2022.
(Amends R.S. 13:4165(F)(7); adds R.S. 13:4165(F)(9) and (10))