HLS 25RS-1007 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 443
BY REPRESENTATIVES HENRY, BAMBURG, BERAULT, CARLSON, CARVER,
CHENEVERT, DEWITT, DOMANGUE, GALLE, GLORIOSO, HEBERT, AND
WYBLE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/PROCEDURE: Provides relative to certain notifications in delictual actions
1 AN ACT
2To enact Civil Code Article 2315.12, relative to delictual actions; to require certain notices;
3 to provide procedural requirements; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. Civil Code Article 2315.12 is hereby enacted to read as follows:
6 Art. 2315.12. Delictual actions; notice to defendant required
7 A. For any cause of action arising pursuant to the provisions of this Chapter,
8 the attorney for the plaintiff shall notify the defendant and the defendant's insurer in
9 writing if the defendant has insurance that may cover a portion of the damages
10 arising from the cause of action within ten business days of being retained as counsel
11 for the plaintiff.
12 B. The notice shall be delivered by certified or electronic mail and include
13 all of the following information:
14 (1) The name of the plaintiff.
15 (2) The contact information of the attorney for the plaintiff.
16 (3) The nature of the claim.
17 (4) The date of the incident that gave rise to the cause of action.
18 (5) The location where the incident occurred that gave rise to the cause of
19 action.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-1007 ORIGINAL
HB NO. 443
1 (6) The domicile of the plaintiff.
2 C. An attorney who fails to comply with the provisions of this Article may
3 be sanctioned by the court.
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 443 Original 2025 Regular Session Henry
Abstract: Provides relative to notices required in a delictual action.
Proposed law requires written notification to be sent to a defendant and the defendant's
insurer within 10 business days of retention of counsel for the plaintiff if the defendant has
insurance that may cover a portion of damages arising from a cause of action.
Proposed law requires all of the following in a notification to a defendant:
(1)The name of the plaintiff.
(2)The contact information of the attorney for the plaintiff.
(3)The nature of the claim.
(4)The date of the incident that gave rise to the cause of action.
(5)The location where the incident occurred that gave rise to the cause of action.
(6)The domicile of the plaintiff.
Proposed law permits sanctions against an attorney who fails to comply with the provisions
of proposed law.
(Adds C.C. Art. 2315.12)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.