Louisiana 2011 Regular Session

Louisiana Senate Bill SB84

Introduced
4/25/11  
Refer
4/25/11  
Report Pass
5/4/11  
Engrossed
5/10/11  
Refer
5/11/11  
Report Pass
6/8/11  
Enrolled
6/16/11  
Chaptered
6/24/11  

Caption

Provides for the calculation of unearned premium in the event of cancellation by the insured. (8/15/11)

Impact

The adjustments made by SB84 will directly affect the existing laws surrounding insurance cancellations. By providing clear guidelines for refund calculations, this bill aims to protect consumers from potentially unfair practices by insurers. With this amendment, policyholders can expect a more transparent process regarding the financial consequences of early policy cancellation, thus altering the dynamics of the insurance industry within the state. The legislation emphasizes accountability and adherence to approved rate structures for all insurance policies.

Summary

Senate Bill 84 aims to amend the calculation of unearned premiums for insurance policies in the event of cancellation by the insured. The bill specifies that within thirty days of cancellation, insurers must refund any unearned premium based on a pro rata rate or a short-rate provision, provided such a calculation method is filed and approved by the insurance commissioner. This change is intended to clarify and ensure that insured parties are treated fairly when they decide to cancel their policies, thus impacting how insurers handle cancellations across Louisiana.

Sentiment

General sentiment regarding SB84 appears to be positive, particularly from consumer advocacy groups and policyholders who view the bill as a step forward in consumer rights. Legislators supporting the bill argue that it will enhance consumer protection and fairness in the insurance market. However, it may also face scrutiny from insurance providers concerned about the implications of changing refund terms and its potential impact on their operational costs and risk management strategies.

Contention

While the bill enjoys broad support, concerns from stakeholders in the insurance industry highlight a potential contention around the implementation of short-rate provisions. Insurers may feel that making such a provision mandatory could complicate their existing policy frameworks and financial models. Additionally, the balance between protecting consumer rights and ensuring the viability of insurance companies is a point of ongoing discussion, as both sides advocate for their interests in this legislative context.

Companion Bills

No companion bills found.

Previously Filed As

LA HB407

Provides relative to the refund of unearned premiums

LA HB287

Provides for the return of unearned premium and notice of claim payments to the mortgagee

LA SB246

Prohibits certain assessments of a monetary penalty by an insurer against an insured as a result of the insured's cancellation of a policy prior to the expiration of the policy. (8/15/10)

LA HB446

Limits applicability of insurance cancellation requirements

LA HB1094

Provides relative to cancellation of health and accident coverage by insurers or health maintenance organizations

LA HB3208

Relating to the refund of premiums on the cancellation of Texas Windstorm Insurance Association policies by insureds.

LA H1149

Policy Cancellations and Nonrenewals by Property Insurers

LA HB296

Provides for cancellation of a policy by the insured party

LA HB635

Provides for notice to insureds relative to liability insurance cancellation fees assessed by the office of motor vehicles

LA HB469

Provides relative to the tax on premiums paid for surplus lines insurance (EN SEE FISC NOTE GF RV See Note)

Similar Bills

No similar bills found.