HASBSB106 MCCLOUDT 2505
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 106 2023 Regular Session Smith
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
INSURANCE CLAIMS: Requires the insurer to provide upon written request of the
insured claim file for certain records in connection with an unsettled property
insurance claim. (8/1/23)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Makes technical changes.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
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))
______________________
Beth O'Quin
Attorney