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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 the insurer to provide upon the written request of the
insured claim file for certain records in connection with an unsettled property insurance
claim. (8/1/23)
1 AN ACT
2 To amend and reenact R.S. 22:41(14) and to enact R.S. 22:1964(14)(p), relative to a
3 property damage insurance claim; to require an insurer provide an insured certain
4 records in connection to a property damage insurance claim upon an insured's
5 request; to provide exceptions; to require an insurer respond within a certain time
6 period; to require an insurer to maintain certain records in connection to a property
7 damage insurance claim; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 22:41(14) is hereby amended and reenacted and R.S. 22:1964(14)(p)
10 is hereby enacted to read as follows:
11 §41. Policyholder bill of rights
12 The following items exist in Louisiana statutes and shall serve as standards
13 for a policyholder bill of rights and do not create additional causes of actions or
14 further penalties not otherwise provided under Louisiana statutes:
15 * * *
16 (14) Relative to first party property damage claims, policyholders shall have
17 the right to request and receive from the insurance company a written report on any
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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 portion of the claim file, including but not limited to any estimates, bids, plans,
2 measurements, drawings, engineer reports, contractor reports, statements,
3 photographs, video recordings, or any other documents or communications that
4 are not unless the record is legally privileged that the insurance company prepared,
5 or used during its adjustment of the policyholder's claim in accordance with R.S.
6 22:1964(14). A An insurance company may keep confidential adjuster notes, logs,
7 and any other documents or communications prepared in conjunction with a fraud
8 investigation in accordance with R.S. 22:1964(14).
9 * * *
10 §1964. Methods, acts, and practices which are defined as unfair or deceptive
11 The following are declared to be unfair methods of competition and unfair
12 or deceptive acts or practices in the business of insurance:
13 * * *
14 (14) Unfair claims settlement practices. Committing or performing with such
15 frequency as to indicate a general business practice any of the following:
16 * * *
17 (p) An insurer failing to make available upon the written request of an
18 insured any portion of the claim file, including but not limited to estimates, bids,
19 plans, measurements, drawings, engineer reports, contractor reports,
20 statements, photographs, video recordings, or any other documents or
21 communications unless the record is legally privileged that the insurer
22 prepared, had prepared, or used during its adjustment of the insured's claim.
23 An insurer may keep confidential any adjuster notes, logs, and any other
24 documents or communications prepared in conjunction with a fraud
25 investigation.
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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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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Beth O'Quin.
DIGEST
SB 106 Engrossed 2023 Regular Session Smith
Present law provides the policyholder bill of rights include a policyholder has a right to
request and receive from his insurer any estimates, bids, plans, measurements, drawings,
engineer reports, contractor reports, statements, or documents in connection to the insured's
property damage insurance claim that the insurer had prepared, or used during its adjustment
of the policyholder's claim, and authorizes the insurer 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 a policyholder has the right to request and receive
a written report on any portion of the claim file, including but not limited to photographs,
video recordings, and communications unless the record is legally privileged that the insurer
prepared, had prepared, or used in adjusting a policyholder's claim in accordance with law,
and adds communications prepared in conjunction with a fraud investigation that is in
accordance with law.
Proposed law retains present law but adds an insurer failing to make available upon the
written request of an insured any portion of the claim file, including but not limited to any
estimates, bids, plans, measurements, drawings, engineer reports, contractor reports,
statements, photographs, video recordings, documents, or communications, 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 to keep confidential any adjuster
notes, logs, and other documents or communications prepared in conjunction with a fraud
investigation.
Effective August 1, 2023.
(Amends R.S. 22:41(14); adds R.S. 22:1964(14)(p))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the original
bill
1. Adds a written request for any portion of the claim file unless its legally
privileged.
2. Adds items the insurer is required to provide the insured unless the claim file
is legally privileged and authorizes the insurer to keep confidential certain
documents and communications that are in conjunction with a fraud
investigation.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.