HLS 25RS-695 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 336
BY REPRESENTATIVE WILDER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/VENUE: Provides relative to venue for certain actions involving uninsured and
underinsured motorist policies
1 AN ACT
2To amend and reenact Code of Civil Procedure Article 76, relative to venue for actions on
3 insurance policies; to provide relative to uninsured and underinsured motorist
4 policies; to provide for an exception to specific venue provisions for certain parties;
5 and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Article 76 is hereby amended and reenacted to
8read as follows:
9 Art. 76. Action on insurance policy
10 A. An action on a life insurance policy may be brought in the parish where
11 the deceased died, the parish where he was domiciled, or the parish where any
12 beneficiary is domiciled.
13 B. An action on a health and accident insurance policy may be brought in the
14 parish where the insured is domiciled, or in the parish where the accident or illness
15 occurred.
16 C. An action on any other type of insurance policy, except under an
17 uninsured and underinsured motorist policy, may be brought in the parish where the
18 loss occurred or the insured is domiciled.
19 D. Notwithstanding Code of Civil Procedure Articles 42 and 45 and R.S.
20 22:1269, an action on an uninsured and underinsured motorist policy shall be
21 brought in the parish where the wrongful conduct occurred or the parish where the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-695 ORIGINAL
HB NO. 336
1 defendant is domiciled. An action solely against the uninsured and underinsured
2 motorist policy may be brought in the parish where the insured is domiciled.
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 336 Original 2025 Regular Session Wilder
Abstract: Provides venue for actions on uninsured and underinsured motorist policies.
Present law (C.C.P. Art. 42) provides the general rules of venue for individuals, partnerships,
corporations, and limited liability companies.
Present law (C.C.P. Art. 45) provides for instances when there are conflicts in venue
provisions.
Present law (C.C.P. Art. 76) provides that actions on a health or accident insurance policy
may be brought in the parish where the insured is domiciled or where the accident or illness
occurred.
Present law (R.S. 22:1269) provides that a direct action against an insurer is only permitted
when:
(1) The insured files for bankruptcy in a court of competent jurisdiction or when
proceedings to adjudge an insured bankrupt have been commenced before a court of
competent jurisdiction.
(2) The insured is insolvent.
(3) Service of citation or other process has been attempted without success or the insured
defendant refuses to answer or otherwise defend the action within 180 days of
service.
(4) When the cause of action is for damages as a result of an offense or quasi-offense
between children and their parents or between married persons.
(5) When the insurer is an uninsured motorist carrier.
(6) The insured is deceased.
(7) When the insurer is defending the lawsuit under a reservation of rights, or the insurer
denies coverage to the insured, but only for the purpose of establishing coverage.
Proposed law supersedes present law (C.C.P. Arts. 42 and 45 and R.S. 22:1269) and changes
present law (C.C.P. Art. 76) by creating an exception that an uninsured and underinsured
motorist policy shall not be brought in the parish in which the insured is domiciled unless
the action is solely against the uninsured and underinsured motorist policy.
Proposed law provides that actions on an uninsured and underinsured motorist policy shall
be brought in the parish where the wrongful conduct occurred or the defendant's domicile.
(Amends C.C.P. Art. 76)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.