SLS 25RS-386 ORIGINAL
2025 Regular Session
SENATE BILL NO. 170
BY SENATOR ALLAIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AUTOMOBILE INSURANCE. Provides relative to auto insurance. (8/1/25)
1 AN ACT
2 To amend and reenact R.S. 22:1261, 1281, 1282, 1283(A), 1284(A), 1284.1(A) and (D),
3 1285, 1286, 1288(A), 1289, 1289.1, and 1292(A) and (B), relative to automobile
4 insurance; to provide for automobile insurance; to provide for the regulation of
5 automobile insurance; to provide for the operation of automobile insurance; and to
6 provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 22:1261, 1281, 1282, 1283(A), 1284(A), 1284.1(A) and (D), 1285,
9 1286, 1288(A), 1289, 1289.1, and 1292(A) and (B) are hereby amended and reenacted to
10 read as follows:
11 §1261. Renewal of policy; increase in premiums prohibited
12 A. Any An insurance policy terminating by it's the policy's terms at a
13 specified expiration date and not otherwise renewable may be renewed or extended
14 at the option of the insurer. Such The renewal shall be made upon a currently
15 authorized renewal form and at the premium rate then required for a specific
16 additional period or periods by a certificate or by endorsement of the policy, and
17 without requiring the issuance of a new policy.
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Coding: Words which are struck through are deletions from existing law;
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1 B. No An insurer shall not increase the premium charged for an automobile
2 liability insurance policy at the time of renewal for any insured solely on the grounds
3 that the insured's policy has lapsed if the policy is renewed within ten days after the
4 date of termination.
5 * * *
6 §1281. Standard automobile insurance form
7 The commissioner of insurance may promulgate such any rules and
8 regulations as necessary to establish reasonable standard provisions to be included
9 in all policies of automobile insurance delivered or issued for delivery in this state.
10 All such policies shall be written in language that can be easily understood by most
11 automobile insurance consumers.
12 §1282. Standard motor vehicle insurance form; prohibited provisions
13 No A motor vehicle liability insurance policy nor any or uninsured motorist
14 coverage for bodily injury shall not limit the coverage of, or the amount that can be
15 recovered by, the named insured, or the spouse or other family member of the named
16 insured, or express or implied permissive users, for whom the policy provides
17 coverage, to any amount less than the highest policy limit provided in the policy for
18 the respective coverage or potential recovery. Any recovery is limited to damages
19 actually sustained. Any provision of a motor vehicle insurance policy issued in, or
20 for delivery in, the state of Louisiana that is not in accord with this Section is
21 contrary to the public policy of this state and shall be null, void, and unenforceable.
22 §1283. Proof of motorcycle endorsement
23 A. Each person who makes an application for issuance of a policy of
24 insurance covering a motorcycle shall provide proof of the appropriate license
25 endorsement required by R.S. 32:408(C). Such The proof shall be provided to the
26 insurer or its producer within ninety days of application for such policy. If the policy
27 of insurance is issued by an insurer that does not maintain an office in this state, then
28 the person may submit a sworn affidavit that he has the proper license endorsement
29 to the insurer.
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Coding: Words which are struck through are deletions from existing law;
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SLS 25RS-386 ORIGINAL
1 * * *
2 §1284. Motor vehicle insurance; consideration of nonfault incidents prohibited
3 A. No An insurer shall not increase the rate, increase or add a surcharge,
4 cancel, or fail to renew any policy of motor vehicle insurance when such action is
5 based on consideration of one or more nonfault incidents.
6 * * *
7 §1284.1. Motor vehicle insurance; consideration of lapse in coverage prohibited
8 A. No An insurer shall not increase the premium rate or increase or add a
9 surcharge on any policy of motor vehicle insurance when such action is based solely
10 on consideration of a lapse in coverage, as defined in this Section.
11 * * *
12 D. Notwithstanding any other provisions of law to the contrary, one or more
13 lapses in coverage, as defined in this Section, shall not be the sole basis for an
14 insurer's denial of an application for a policy of motor vehicle insurance nor shall
15 such the lapse in coverage be considered by an insurer in determining the rates for
16 such a policy. In addition, no insurer shall require that such the coverage be provided
17 by another insurer based solely upon such a the lapse in coverage.
18 §1285. Automobile insurance policies; refusal to issue or renew; age discrimination
19 No An insurer shall not refuse to issue or renew an automobile insurance
20 policy to any person over the age of sixty-five based upon the age of the insured
21 provided the insured is mentally and physically capable of driving an automobile and
22 possesses a valid Louisiana operator's license issued by the office of motor vehicles
23 of the Louisiana Department of Public Safety and Corrections.
24 §1286. Automobile insurance policies; increase in premium; age discrimination
25 No An insurer shall not increase the premium charged for an automobile
26 liability insurance policy for any insured solely on the grounds that the insured has
27 attained the age of sixty-five or older.
28 * * *
29 §1288. Discrimination in automobile liability insurance prohibited
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1 A. No An insurer shall not refuse to issue or renew, increase the premium,
2 or cancel an automobile insurance policy solely because the insured is deaf or hard
3 of hearing, provided such the person is mentally and physically capable of driving
4 an automobile and possesses a valid Louisiana operator's license issued by the office
5 of motor vehicles of the Department of Public Safety and Corrections.
6 * * *
7 §1289. Automobile policies; discrimination against paid or volunteer firemen
8 prohibited
9 No An insurer doing business in this state who issues a personal automobile
10 insurance policy to an insured who is a paid or volunteer fireman shall not charge
11 a higher premium rate, increase or add a surcharge, cancel, or fail to renew a policy
12 for the insured, based solely on the insured's activities as a paid or volunteer fireman.
13 §1289.1. Automobile insurance policies; policy issuance based upon impending
14 weather conditions
15 No An insurer shall not refuse to issue an automobile insurance policy
16 providing collision or comprehensive coverage on a newly purchased motor vehicle,
17 at the time of purchase of the automobile from a duly licensed motor vehicle dealer,
18 to one of the insurer's existing automobile policyholders who is an otherwise
19 qualified purchaser, based solely upon a named tropical storm or hurricane in the
20 Gulf of Mexico.
21 * * *
22 §1292. Towing and storage of motor vehicles; insurance policies; storage fees;
23 exceptions
24 A. A motor vehicle insurance policy shall not be construed to allow an
25 insurer to assume or accede to the legal title of a motor vehicle without assuming
26 credit obligations of the insured owner of the motor vehicle for charges for towing
27 and storage services associated with the incident from which the insurance coverage
28 arises. Such The charges for storage services shall not exceed any maximum charge
29 set by the Public Service Commission pursuant to its legal authority under R.S.
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words in boldface type and underscored are additions. SB NO. 170
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1 45:180.1, or as otherwise provided by law.
2 B. An insurer which has succeeded to the title of a motor vehicle is shall not
3 authorized to abandon such the vehicle to a towing or storage service without
4 consent of the provider of such the service.
5 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Senate Legislative Services.
The keyword, summary, 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)]
DIGEST
SB 170 Original 2025 Regular Session Allain
Present law provides for renewal of automobile policies.
Proposed law retains present law and makes technical changes.
Present law provides for a standard automobile insurance form.
Proposed law retains present law and makes technical changes.
Present law provides for proof of a motorcycle endorsement.
Proposed law retains present law and makes technical changes.
Present law prohibits an insurer from raising premium rates due to an insured's nonfault
accident.
Proposed law retains present law and makes technical changes.
Present law prohibits an insurer from increasing a premium rate based solely on a lapse in
coverage.
Proposed law retains present law and makes technical changes.
Present law prohibits an insurer from refusing to issue or renew an automobile policy to any
person over the age of 65 who is mentally and physically capable of driving an automobile.
Proposed law retains present law and makes technical changes.
Present law prohibits an insurer from failing to issue or renew an automobile policy solely
because the insured is deaf or hard of hearing.
Proposed law retains present law and makes technical changes.
Present law prohibits an insurer from charging a higher premium rate based solely on an
insured's activities as a fireman.
Proposed law retains present law and makes technical changes.
Present law prohibits an insurer from refusing to issue an automobile policy containing
collision or comprehensive coverage on a new vehicle based solely upon a named storm in
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 170
SLS 25RS-386 ORIGINAL
the Gulf of Mexico.
Proposed law retains present law and makes technical changes.
Present law provides that a motor vehicle insurance policy shall not be construed to allow
an insurer to assume or accede to the legal title of a motor vehicle without assuming certain
credit obligations of the insured.
Proposed law retains present law and makes technical changes.
(Amends R.S. 22:1261, 1281, 1282, 1283(A), 1284(A), 1284.1(A) and (D), 1285, 1286,
1288(A), 1289, 1289.1, and 1292(A) and (B))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.