RDCSB106 4489 2999
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 106 Reengrossed 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.
Senate Floor Amendments to engrossed bill
1. Makes a technical change.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the
reengrossed bill:
1. Make technical changes.
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