SLS 23RS-244 ORIGINAL
2023 Regular Session
SENATE BILL NO. 38
BY SENATOR TALBOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
INSURANCE CLAIMS. Provides the Louisiana Citizens Property Insurance Corporation
shall not be liable for any special damages awarded for any property damage insurance
claim. (8/1/23)
1 AN ACT
2 To amend and reenact R.S. 22:1973(F) and to enact R.S. 22:1892(H), relative to the
3 Louisiana Citizens Property Insurance; to provide the Louisiana Citizens Property
4 Insurance Corporation shall not be liable for any special damages awarded for a
5 property damage insurance claim; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 22:1973(F) is hereby amended and reenacted and R.S. 22:1892(H)
8 is hereby enacted to read as follows:
9 §1973. Good faith duty; claims settlement practices; cause of action; penalties
10 * * *
11 F. The Insurance Guaranty Association Fund, as provided in R.S. 22:2051 et
12 seq., and the Louisiana Citizens Property Insurance Corporation, as provided
13 in R.S. 22:2291 et seq., shall not be liable for any special damages awarded under
14 the provisions of this Section.
15 * * *
16 §1892. Payment and adjustment of claims, policies other than life and health and
17 accident; vehicle damage claims; extension of time to respond to
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 38
SLS 23RS-244 ORIGINAL
1 claims during
2 * * *
3 H. The Louisiana Citizens Property Insurance Corporation, as provided
4 in R.S. 22:2291 et seq., shall not be liable for any special damages awarded
5 under the provisions of Subsection B of this Section.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Beth O'Quin.
DIGEST
SB 38 Original 2023 Regular Session Talbot
Present law exempts the Insurance Guaranty Association Fund from liability for special
damages awarded for a property damage insurance claim under present law.
Proposed law retains present law but adds the Louisiana Citizens Property Insurance
Corporation (Citizens) to the exemption.
Present law provides an insurer is subject to penalties, attorney fees, and cost when a
property damage insurance claim is not paid within the time periods set forth by law and the
insurer's failure to pay was arbitrary, capricious, or without probable cause.
Proposed law retains present law but provides Citizens cannot be liable for special damages
awarded for a property damage insurance claim under present law.
Effective August 1, 2023.
(Amends R.S. 22:1973(F); adds R.S. 22:1892(H))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.