SLS 23RS-24 ORIGINAL
2023 Regular Session
SENATE BILL NO. 106
BY SENATOR SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INSURANCE CLAIMS. Requires an insurer to permanently maintain certain records in
connection to an insured's property damage insurance claim and made available to the
insured upon request. (8/1/23)
1 AN ACT
2 To amend and reenact R.S. 22:41(14) and to enact R.S. 22:1899, relative to a property
3 damage insurance claim; to require an insurer provide an insured certain records in
4 connection to a property damage insurance claim upon an insured's request; to
5 provide exceptions; to require an insurer respond within a certain time period; to
6 require an insurer to permanently maintain certain records in connection to a
7 property damage insurance claim; to provide penalties; and to provide for related
8 matters.
9 Be it enacted by the Legislature of Louisiana
10 Section 1. R.S. 22:41(14) is hereby amended and reenacted and R.S. 22:1899 is
11 hereby enacted to read as follows:
12 §41. Policyholder bill of rights
13 The following items exist in Louisiana statutes and shall serve as standards
14 for a policyholder bill of rights and do not create additional causes of actions or
15 further penalties not otherwise provided under Louisiana statutes:
16 (1) * * *
17 (14) Relative to first party property damage claims, policyholders shall have
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 106
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1 the right to request and receive from the insurance company any estimates, bids,
2 plans, measurements, drawings, engineer reports, contractor reports, statements,
3 photographs, video recordings, or any other documents or communications that
4 are not legally privileged that the insurance company prepared, had prepared, or used
5 during its adjustment of the policyholder's claim in accordance with R.S. 22:1899.
6 A An insurance company may keep confidential adjuster notes, logs, and any other
7 documents or communications prepared in conjunction with a fraud investigation
8 in accordance with the provisions of R.S. 22:1899.
9 * * *
10 §1899. Record request; record retention; penalties
11 A. An insurer shall make available upon the written request of an
12 insured any estimates, bids, plans, measurements, drawings, engineer reports,
13 contractor reports, statements, photographs, video recordings, or any other
14 documents or communications unless the record is legally privileged that the
15 insurer prepared, had prepared, or used during its adjustment of the insured's
16 claim, or an insurer may keep confidential any adjuster notes, logs, and any
17 other documents or communications prepared in conjunction with a fraud
18 investigation.
19 B.(1) An insured shall make a written request to the insurer for any
20 records in connection to the insured's property damage insurance claim
21 pursuant to Subsection A of this Section. An insured may mail or hand deliver
22 the written request to the insurer.
23 (2) An insurer shall respond to the insured's request within fifteen days
24 upon receipt. An insurer shall provide a copy of any record requested by an
25 insured unless the record is legally privileged, or confidential pursuant to
26 Subsection A of this Section.
27 C. The insurer shall permanently maintain any records defined in
28 Subsection A of this Section.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 106
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1 D. A violation of this Section shall constitute a breach of an insurer's
2 duty of good faith and fair dealing that is owed to an insured. An insurer in
3 violation of this Section shall be subject to the penalties set forth in R.S.
4 22:1973.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Beth O'Quin.
DIGEST
SB 106 Original 2023 Regular Session Smith
Present law provides a policyholder has a right to request and receive from his insurance
company any estimates, bids, plans, measurements, drawings, engineer reports, contractor
reports, statements, or documents that are in connection to the insured's property damage
insurance claim unless the record is legally privileged that the insurer prepared, had
prepared, or used in adjusting a policyholder's claim. Present law provides an insurance
company is authorized to keep confidential any adjuster notes, logs, and any other document
prepared in conjunction with a fraud investigation.
Proposed law retains present law but adds photographs, video recordings, and
communications. Proposed law retains present law but adds communications to legally
privileged and confidential as provided by proposed law.
Present law does not require an insurer provide an insured any records included in the
policyholder bill of rights.
Proposed law provides an insured has the right to request and receive from an insurer any
estimates, bids, plans, measurements, drawings, engineer reports, contractor reports,
statements, photographs, video recordings, documents, or communications in connection to
the insured's property damage insurance claim, unless the record is legally privileged that
an insurer prepared, had prepared, or used during its adjustment of the insured's claim.
Proposed law authorizes an insurer is allowed to keep confidential any adjuster notes, logs,
and other documents or communications prepared in conjunction with a fraud investigation.
Proposed law requires an insured make a written request to his insurer for any records
required by proposed law. Provides the insured is authorized to mail or to hand deliver the
records request to the insurer.
Proposed law requires an insurer respond within 15 days upon receipt of an insured's records
request. Requires an insurer make copies of any records an insured requested unless the
record is legally privileged or confidential as provided by proposed law.
Proposed law requires an insurer to permanently maintain records provided for by proposed
law.
Proposed law provides a breach of the proposed law is a breach of an insurer's duty of good
faith and fair dealing that subjects an insurer to penalties set forth in law.
Effective August 1, 2023.
(Amends R.S. 22:41(14); adds R.S. 22:1899)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.