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.