Louisiana 2025 2025 Regular Session

Louisiana House Bill HB287 Introduced / Bill

                    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.
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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)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.