HLS 25RS-274 ORIGINAL 2025 Regular Session HOUSE BILL NO. 287 BY REPRESENTATIVE BACALA Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. INSURANCE: Authorizes certain out-of-state insurance companies to apply respective state laws to claims of Louisiana residents 1 AN ACT 2To enact Civil Code Article 3547.1, relative to application of foreign law; to authorize the 3 application of certain foreign law to apply in actions arising out of automobile 4 accidents; to provide disclosure requirements; to provide an effective date; and to 5 provide for related matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. Civil Code Article 3547.1 is hereby enacted to read as follows: 8 Art. 3547.1. Application of foreign law 9 A. Notwithstanding any provision of law to the contrary, an issue of delictual 10 or quasi-delictual obligations arising out of an automobile accident is governed by 11 the laws of the insurer's domicile when the action involves a resident who is 12 domiciled in this state and is insured by a foreign insurer domiciled in Arkansas, 13 Mississippi, or Texas, except to the extent it conflicts with Articles 3493.1 and 14 3493.2. 15 B. An insurer or insurance agent or broker in this state is authorized to sell 16 or offer policies from foreign insurers to an insured or prospective insured. 17 C. The insurer or insurance agent or broker shall provide a written disclosure 18 to the insured or prospective insured including all of the following information: 19 (1) The premium is issued by a foreign insurer. 20 (2) Foreign law would apply in the insured or prospective insured's cause of 21 action. Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-274 ORIGINAL HB NO. 287 1 (3) The insurance policy sold meets all regulations of their respective states. 2 Section 2. In furtherance of the provisions of this Act, the Louisiana State Law 3Institute is hereby directed to compile applicable laws from Arkansas, Mississippi, and 4Texas and publish the laws on their website by the effective date of this Act. 5 Section 3. This Act shall take effect and become operative on July 1, 2026, if the 6base rate for liability coverage of the top twenty private passenger automobile insurers by 7premium written have not decreased by at least seven percent between January 1, 2024, to 8December 31, 2025. 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)] HB 287 Original 2025 Regular Session Bacala Abstract: Requires application of Arkansas, Mississippi, and Texas state laws in actions arising out of an automobile accident involving a La. resident who has a policy from an insurer domiciled in those states. Proposed law requires Arkansas, Mississippi, and Texas substantive and procedural laws to apply to actions arising from an automobile accident when an insured has a policy from an insurer domiciled in those states. However, the two-year prescriptive period for delictual actions will apply in these cases pursuant to present law (C.C. Arts. 3493.1 and 3493.2). Proposed law permits an insurer or insurance agent or broker in La. to sell or offer policies from foreign insurers to an insured or prospective insured. Proposed law requires an insurer or insurance agent or broker in La. to provide a written disclosure to the insured or prospective insured that includes all of the following information: (1)The premium is issued by a foreign insurer. (2)Foreign law would apply in the insured or prospective insured's cause of action. (3)The insurance policy sold meets all regulations of their respective states. Proposed law directs the La. State Law Institute to compile Arkansas, Mississippi, and Texas state law to publish on its website by July 1, 2026. Proposed law becomes effective only if it is determined that the base rate for liability coverage of the top twenty private passenger automobile insurers by premium written have not decreased by at least seven percent from Jan. 1, 2024, to Dec. 31, 2025. Effective July 1, 2026. (Adds C.C. Art. 3547.1) Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.