2023 Regular Session ENROLLED
SENATE BILL NO. 96
BY SENATOR TALBOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 22:1973(F) and 2296 and to enact R.S. 22:1892(H), relative to
3 the Louisiana Insurance Guaranty Association and the Louisiana Citizens Property
4 Insurance Corporation; to provide immunity from any penalties awarded in regard
5 to property insurance claims; to provide for exceptions; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 22:1973(F) and 2296 are hereby amended and reenacted and R.S.
9 22:1892(H) is hereby enacted to read as follows:
10 §1892. Payment and adjustment of claims, policies other than life and health and
11 accident; vehicle damage claims; extension of time to respond to
12 claims during emergency or disaster; penalties; arson-related claims
13 suspension
14 * * *
15 H. The Louisiana Insurance Guaranty Association, as provided in R.S.
16 22:2051 et seq., and the Louisiana Citizens Property Insurance Corporation, as
17 provided in R.S. 22:2291 et seq., shall not be subject to the provisions of
18 Louisiana Code of Civil Procedure Article 591 et seq., or any other provision
19 allowing a class action, for any damages including any penalties awarded
20 pursuant to the provisions of this Section.
21 * * *
22 §1973. Good faith duty; claims settlement practices; cause of action; penalties
23 * * *
ACT No. 290
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1 F. The Louisiana Insurance Guaranty Association Fund, as provided in R.S.
2 22:2051 et seq., shall not be liable for any special damages awarded under the
3 provisions of this Section. Neither the Louisiana Insurance Guaranty
4 Association, as provided in R.S. 22:2051 et seq., nor the Louisiana Citizens
5 Property Insurance Corporation, as provided in R.S. 22:2291 et seq., shall be
6 liable for any penalties awarded pursuant to the provisions of Subsection C of
7 this Section.
8 * * *
9 §2296. Immunity from liability
10 A. There For any action taken in the performance of duties or
11 responsibilities pursuant to this Chapter, there shall be no liability on the part of
12 and no cause of action of any nature shall arise against the commissioner of
13 insurance, or against the governing board of the Louisiana Citizens Property
14 Insurance Corporation or anyone acting on behalf of the corporation or the plans, or
15 against any servicing carrier or carriers, or against any assessable insurer, or against
16 any participating insurance producer, or against the Department of Insurance or its
17 representatives, for any action taken by them in the performance of their duties or
18 responsibilities under this Chapter. any of the following:
19 (1) The commissioner.
20 (2) The Louisiana Citizens Property Insurance Corporation or its plans
21 or its agents, employees, or members of the governing board, or their designees.
22 (3) The department or its employees or representatives.
23 (4) Any service provider.
24 (5) Any assessable insurer.
25 (6) Any participating insurance producer.
26 B. Such The immunity from liability provided in this Section does shall not
27 apply to any of the following:
28 (1) Any of the persons or entities listed in Subsection A of this Section
29 person for any willful intentional tort or criminal act.
30 (2) The corporation, corporation or insurance producers placing business
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1 with one of the plans, plans for breach of any contract or agreement pertaining to
2 insurance coverage or its statutory obligations related to coverage.
3 (3) The corporation for any supervisory or regulatory action,
4 examination, or audit taken by the commissioner.
5 (3)(4) The corporation with respect to issuance or payment of debt.
6 (4)(5) Any assessable insurer with respect to any action to enforce such the
7 insurer's obligations to the corporation under pursuant to this Chapter.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.