HASBSB499 TYLERT 4305
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 499 2024 Regular Session Reese
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
INSURANCE POLICIES. Provides for uninsured and underinsured motorist
insurance. (8/1/24)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Remove and modify language regarding the exception for commercial
automobile insurance policies.
2. Clarify intent of the rebuttable presumption regarding circumstances when
the uninsured motorist form is signed but not properly completed.
3. Make technical changes.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
DIGEST
SB 499 Reengrossed 2024 Regular Session Reese
Present law requires an insurer to automatically provide uninsured motorist liability
coverage unless the insured rejects the coverage.
Present law requires the commissioner of insurance to create a form for uninsured motorist
coverage. Provides that if the insured or his legal representative does not reject or select
uninsured motorist coverage, the named insured is automatically covered for uninsured
motorist coverage.
Proposed law retains present law.
Present law removes uninsured motorist requirements when the named insured selects on
the form lower limits in connection with a policy previously issued to him.
Proposed law retains present law.
Proposed law provides that if the form is signed but not properly completed to create a
rebuttable presumption that the insured knowingly rejected coverage, then uninsured
motorist coverage or modified uninsured motorist coverage will not be provided, as
applicable, if it is determined that the insured intended to reject or modify the uninsured
motorist coverage.
Present law provides uninsured motorist physical damage coverage.
Proposed law retains present law.
Present law provides that a motor vehicle liability policy written to provide coverage for a
school bus may limit the scope of uninsured motorist coverage.
Proposed law retains present law.
Present law requires insurers to offer uninsured motorist coverage and authorizes the insurer
to offer an optional arbitration provision. Provides that courts cannot be deprived of
jurisdiction pursuant to present law.
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Proposed law retains present law but makes technical changes.
Present law authorizes exemption of a rental company from the requirement to offer
uninsured motorist coverage which is required to be offered under present law.
Proposed law retains present law.
Proposed law provides an exception for commercial automobile insurance policies.
Authorizes the insured to select uninsured motorist coverage with respect to commercial
policies. Provides that if there is no selection of uninsured motorist coverage on the form
provided to the insured and no payment of premium that includes the coverage, it will be
presumed that uninsured motorist coverage was not elected for that policy or contract.
(Amends R.S. 22:1295(intro. para.), 1295(1)(a) and (e), (4), and (5) and 1296(B)(intro.
para.); Adds R.S. 22:1295(7))
______________________
Thomas L. Tyler
Division Director
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