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2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1270. Personal property; specific coverage; valuation; exemptions

RS 22:1270 - Personal property; specific coverage; valuation; exemptions
A. In any case in which a policy includes coverage for loss of or damage to personal property of the insured, from whatever cause, if the insurer places a valuation upon the specific item of covered property and uses such valuation for purposes of determining the premium charge to be made under the policy, the insurer shall compute any covered loss of or damage to such property which occurs during the term of the policy at such valuation without deduction or offset, unless a different method is to be used in the computation of loss, in which latter case, the policy, and any application for the policy, shall set forth in type of prominent size, the actual method of such loss computation by the insurer.
B.(1) The provisions of this Section shall not apply to any of the following:
(a) Insurance of the kind referred to in R.S. 22:47(3) when the coverage pertains to land vehicles.
(b) Any property used primarily for business purposes.
(c) Insurance on a group of items insured as contents insurance on household items, unless specifically insured under Subsection A of this Section.
(2) However, nothing in this Subsection shall be so construed as to classify horses, breed bulls, show cattle, or registered dogs as being purchased or owned primarily for business purposes.
Added by Acts 1974, No. 578, §1; Acts 1985, No. 985, §1; Redesignated from R.S. 22:667 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 703, §1, eff. Jan. 1, 2011.
NOTE: Former R.S. 22:1270 redesignated as R.S. 22:444 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1271. Identification of property upon which premium is due

RS 22:1271 - Identification of property upon which premium is due
A. Any bill or other notice requiring payment of a premium for a policy of property or casualty insurance which is sent by an insurer to its policyholder shall identify the insured property sufficiently to allow the policyholder to identify the property upon which the premium is due. Such identification may be by description or may be by address if the property is real estate.
B. The provisions of Subsection A of this Section shall not apply to bills for policies which are billed more often than semiannually or to bills for policies which insure multiple properties, locations, or vehicles.
Acts 2006, No. 381, §1; Redesignated from R.S. 22:1478 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
NOTE: Former R.S. 22:1271 redesignated as R.S. 22:445 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1272. Defense costs; prohibition; waiver

RS 22:1272 - Defense costs; prohibition; waiver
A. The liability limits contained in a policy or contract of insurance issued by an authorized insurer shall not be reduced by the expenses of defense in a suit under the policy unless waived by the commissioner as provided in Paragraph (B)(2) or (3) of this Section.
B.(1) The commissioner shall not waive the prohibition in Subsection A of this Section for any of the following types of insurance coverage:
(a) All personal lines.
(b) Medical malpractice.
(2) The prohibition contained in Subsection A of this Section shall be waived by the commissioner for the following types of insurance coverage:
(a) Professional liability other than medical malpractice.
(b) Directors' and officers' liability.
(c) Errors and omissions liability.
(d) Pollution liability.
(e) Employment practices liability.
(f) Cyber risk liability.
(g) Information security and privacy liability.
(h) Patent defense or other intellectual property infringement liability.
(i) Commercial liability coverages sold in combination.
(3) The commissioner may waive the prohibition contained in Subsection A of this Section for types of insurance coverage not listed in Paragraph (1) of this Subsection upon consideration of the customs of the industry and the interests of the particular insured.
C. Expenses of defense may include only reasonable attorney fees and expenses directly connected to the insurer's defense of a specific liability claim on behalf of an insured and any other litigation expenses directly arising from the defense of a specific liability claim. Expenses of defense shall not include overhead, unallocated loss adjustment expenses, or other unallocated expenses incurred by the insurer in the ordinary course of business.
D. Any policy or contract of insurance containing terms that require a waiver pursuant to this Section shall include a separate notice or inclusion on the declaration page stating that the insurance policy or contract includes defense expenses which may be deducted from the liability limits of the policy. This notice shall be prominently printed or stamped in bold on the policy or contract and shall not be less than a ten-point type.
Acts 2021, No. 225, §1; Acts 2022, No. 675, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1273. Presumption of coverage; civil authority prohibited use

RS 22:1273 - Presumption of coverage; civil authority prohibited use
A. For losses that arise due to a catastrophic event in which a state of disaster or emergency is declared by civil officials, for those areas within the declaration, if a civil authority prohibits the insured from using their residential premises as a result of damage to a neighboring premises due to a peril covered by the policy, the civil authority prohibited use coverage shall be afforded as provided in the policy.
B. For purposes of this Section, insurers shall interpret all actions of a civil authority without regard to whether formal orders of evacuation were issued.
Acts 2022, No. 434, §1, eff. Jan. 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1274. Prohibited policy provision

RS 22:1274 - Prohibited policy provision
A. An insurer shall not include a provision in any policy of property insurance that prohibits an insured from hiring a public adjuster for services provided pursuant to the provisions of this Title.
B. Subsection A of this Section does not apply to commercial insurance policies written by any surplus lines insurer as defined in R.S. 22:46.
Acts 2023, No. 328, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1275. Assignment of benefits; prohibited

RS 22:1275 - Assignment of benefits; prohibited
A. For the purposes of this Section, "assignment agreement" means any instrument by which post-loss benefits under a residential or commercial property insurance policy, including but not limited to any right of action against the insurer or any proceeds acquired from the insurer, are assigned, transferred, or acquired in any other manner, in whole or in part, to or from a person providing services, including but not limited to inspecting, protecting, repairing, restoring, or replacing the property or mitigating against further damage to the property.
B.(1) A person shall not solicit or accept an assignment, in whole or in part, of any post-loss insurance benefit under a residential or commercial property insurance policy. An assignment agreement is against public policy and is null and void.
(2) The provisions of Paragraph (1) of this Subsection do not apply to any of the following:
(a) An assignment, transfer, pledge, or conveyance granted to a federally insured financial institution, mortgagee, or subsequent purchaser of the property.
(b) Liability coverage under a residential or commercial property insurance policy.
C. Violation of Subsection B of this Section is considered an unfair or deceptive trade practice. Any person found to have violated the provisions of Subsection B of this Section shall be subject to the penalties imposed by R.S. 22:1969.
D. The provisions of Civil Code Article 2653 shall not apply to this Section.
E. Nothing in this Section shall be interpreted to prohibit an attorney from collecting a contingency fee, as permitted by R.S. 37:218 and by the Louisiana Rules of Professional Conduct of the Louisiana State Bar Association, for an action related to a property insurance claim.
Acts 2023, No. 364, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1281. Standard automobile insurance form

RS 22:1281 - Standard automobile insurance form
The commissioner of insurance may promulgate such rules and regulations as necessary to establish reasonable standard provisions to be included in all policies of automobile insurance delivered or issued for delivery in this state. All such policies shall be written in language that can be easily understood by most automobile insurance consumers.
Acts 1993, No. 959, §1; Redesignated from R.S. 22:622.1 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1282. Standard motor vehicle insurance form; prohibited provisions

RS 22:1282 - Standard motor vehicle insurance form; prohibited provisions
No motor vehicle liability insurance policy nor any uninsured motorist coverage for bodily injury shall limit the coverage of, or the amount that can be recovered by, the named insured, or the spouse or other family member of the named insured, or express or implied permissive users, for whom the policy provides coverage, to any amount less than the highest policy limit provided in the policy for the respective coverage or potential recovery. Any recovery is limited to damages actually sustained. Any provision of a motor vehicle insurance policy issued in, or for delivery in, the state of Louisiana that is not in accord with this Section is contrary to the public policy of this state and shall be null, void, and unenforceable.
Acts 2001, No. 1071, §1; Acts 2004, No. 395, §1; Acts 2005, No. 418, §1; Redesignated from R.S. 22:622.2 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 280, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1283. Proof of motorcycle endorsement

RS 22:1283 - Proof of motorcycle endorsement
A. Each person who makes an application for issuance of a policy of insurance covering a motorcycle shall provide proof of the appropriate license endorsement required by R.S. 32:408(C). Such proof shall be provided to the insurer or its producer within ninety days of application for such policy. If the policy of insurance is issued by an insurer that does not maintain an office in this state, then the person may submit a sworn affidavit that he has the proper license endorsement to the insurer.
B. In the case of an initial application for the endorsement, the insurer may issue a policy not to extend more than ninety days.
C. In addition to any other applicable penalties, anyone in violation of this Section shall be subject to a fine of no more than five hundred dollars.
Acts 2004, No. 378, §1; Redesignated from R.S. 22:622.3 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 703, §1, eff. Jan. 1, 2011; Acts 2013, No. 101, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1284. Motor vehicle insurance; consideration of nonfault incidents prohibited

RS 22:1284 - Motor vehicle insurance; consideration of nonfault incidents prohibited
A. No insurer shall increase the rate, increase or add a surcharge, cancel, or fail to renew any policy of motor vehicle insurance when such action is based on consideration of one or more nonfault incidents.
B. In this Section, "nonfault incident" means an accident, collision, or other incident involving a vehicle covered by a policy issued by the insurer in which the driver of the insured vehicle was not at fault, regardless of whether the incident was reported to any law enforcement agency.
C. Any insurer who violates this Section shall refund to the insured person the amount of premium which was paid which exceeded the premium which would have been charged if the insurer had complied with this Section, together with a penalty payment in amount equal to triple the amount of the refund or one thousand dollars, whichever is greater. The insured shall also be entitled to attorney fees should he prevail.
D. Notwithstanding any other provision of law to the contrary, one or more nonfault accidents or collisions shall not be the sole basis for an insurer's denial of an application for a policy of motor vehicle insurance nor shall such an accident or collision be considered by an insurer in determining the rates for such a policy. In addition, no insurer shall require that such coverage be provided by another insurer based solely upon such an accident or collision.
Acts 1989, No. 578, §1; Acts 1992, No. 525, §1; Acts 1992, No. 832, §1; Redesignated from R.S. 22:1466 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 703, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1284.1. Motor vehicle insurance; consideration of lapse in coverage prohibited

RS 22:1284.1 - Motor vehicle insurance; consideration of lapse in coverage prohibited
A. No insurer shall increase the premium rate or increase or add a surcharge on any policy of motor vehicle insurance when such action is based solely on consideration of a lapse in coverage, as defined in this Section.
B. As used in this Section, a "lapse in coverage" is that period during which the owner of a motor vehicle ceases to maintain liability coverage on a vehicle, as required by the Motor Vehicle Safety Responsibility Law, by complying with the requirements of either of the following:
(1) R.S. 32:861(A)(3) relative to surrendering the vehicle's license plate to the office of motor vehicles.
(2) R.S. 32:861.1 relative to notifying the office of motor vehicles of service out-of-state in the uniformed services.
C. Any insurer who violates the provisions of this Section shall refund to the insured person the amount of premium paid in excess of the amount that would have been charged if the insurer had complied with this Section.
D. Notwithstanding any other provisions of law to the contrary, one or more lapses in coverage, as defined in this Section, shall not be the sole basis for an insurer's denial of an application for a policy of motor vehicle insurance nor shall such lapse in coverage be considered by an insurer in determining the rates for such a policy. In addition, no insurer shall require that such coverage be provided by another insurer based solely upon such a lapse in coverage.
Acts 2010, No. 636, §1; Acts 2020, No. 52, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1285. Automobile insurance policies; refusal to issue or renew; age discrimination

RS 22:1285 - Automobile insurance policies; refusal to issue or renew; age discrimination
No insurer shall refuse to issue or renew an automobile insurance policy to any person over the age of sixty-five based upon the age of the insured provided the insured is mentally and physically capable of driving an automobile and possesses a valid Louisiana operator's license issued by the office of motor vehicles of the Louisiana Department of Public Safety and Corrections.
Acts 1992, No. 331, §1; Redesignated from R.S. 22:635.1 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 703, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1286. Automobile insurance policies; increase in premium; age discrimination

RS 22:1286 - Automobile insurance policies; increase in premium; age discrimination
No insurer shall increase the premium charged for an automobile liability insurance policy for any insured solely on the grounds that the insured has attained the age of sixty-five or older.
Acts 1993, No. 205, §1; Redesignated from R.S. 22:635.2 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1287. Overpayments; surplus premium; endorsement credits

RS 22:1287 - Overpayments; surplus premium; endorsement credits
All automobile insurers shall as soon as reasonably possible, but in no event later than sixty days, pay to the premium finance company, if the premium has been financed or if not financed, to the insured, or the person entitled thereto as shown by the automobile insurer's records any overpayment or surplus and commission paid or due on the policy. The failure to pay the person owed the money within the sixty-day period shall entitle that person to recover monetary penalties and interest. In the event the insured is due a credit from an endorsement or change to the policy, the return premium and commission shall be computed on a pro rata basis. However, when the insured continues to maintain a policy of insurance with the insurer, or an affiliated insurer, and the amount of the refund plus interest is twenty-five dollars or less, the insurer may credit the amount of the payment against future premiums. The insurer shall give written notice to the insured of the credit and the amount at policy renewal.
Acts 1997, No. 1428, §1; Redesignated from R.S. 22:636.8 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2012, No. 55, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1288. Discrimination in automobile liability insurance prohibited

RS 22:1288 - Discrimination in automobile liability insurance prohibited
A. No insurer shall refuse to issue or renew, increase the premium, or cancel an automobile insurance policy solely because the insured is deaf or hard of hearing, provided such person is mentally and physically capable of driving an automobile and possesses a valid Louisiana operator's license issued by the office of motor vehicles of the Department of Public Safety and Corrections.
B. Where the owner of the covered vehicle has a physical or mental disability that prevents him from operating his own motor vehicle, an insurance company issuing a policy of motor vehicle liability insurance shall not require the operator of the vehicle to carry liability insurance.
Added by Acts 1982, No. 285, §1; Acts 1993, No. 552, §1; Redesignated from R.S. 22:652.2 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 703, §1, eff. Jan. 1, 2011; Acts 2014, No. 811, §11, eff. June 23, 2014.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1289. Automobile policies; discrimination against paid or volunteer firemen prohibited

RS 22:1289 - Automobile policies; discrimination against paid or volunteer firemen prohibited
No insurer doing business in this state who issues a personal automobile insurance policy to an insured who is a paid or volunteer fireman shall charge a higher premium rate, increase or add a surcharge, cancel, or fail to renew a policy for the insured, based solely on the insured's activities as a paid or volunteer fireman.
Acts 1993, No. 41, §1; Acts 1995, No. 1098, §1; Redesignated from R.S. 22:1472 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1289.1. Automobile insurance policies; policy issuance based upon impending weather conditions

RS 22:1289.1 - Automobile insurance policies; policy issuance based upon impending weather conditions
No insurer shall refuse to issue an automobile insurance policy providing collision or comprehensive coverage on a newly purchased motor vehicle, at the time of purchase of the automobile from a duly licensed motor vehicle dealer, to one of the insurer's existing automobile policyholders who is an otherwise qualified purchaser, based solely upon a named tropical storm or hurricane in the Gulf of Mexico.
Acts 2009, No. 324, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1290. Motor vehicle liability policy

RS 22:1290 - Motor vehicle liability policy
No settlement made under a vehicle liability insurance policy for a claim against any insured thereunder arising from any accident or other event insured against for damage to or destruction of property owned by another person shall be construed as an admission of liability by the insured, or the insurer's recognition of such liability, with respect to any other claim arising from the same accident or event.
Added by Acts 1966, No. 348, §1; Redesignated from R.S. 22:661 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 703, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1291. Automobile liability coverage; loaner vehicle; driver's policy primary policy

RS 22:1291 - Automobile liability coverage; loaner vehicle; driver's policy primary policy
A. Notwithstanding any provision of the policy, the primary liability, physical damage, or collision coverage for a loaner vehicle shall be the policy of the driver, not the policy of the vehicle sales or service dealer who provided the loaner vehicle.
B.(1) In this Section, "loaner vehicle" means any vehicle which is provided to an insured driver by a vehicle sales or service dealer for his temporary use as a replacement vehicle while the insured's vehicle is being serviced or repaired. The term shall also mean any vehicle which is provided to an insured driver by a vehicle service or sales dealer for the purpose of allowing the driver to demonstrate or test drive the vehicle.
(2) In this Section, "vehicle sales or service dealer" means any person engaged in the business of selling, repairing, or servicing motor vehicles.
Acts 1988, No. 756, §1; Acts 1997, No. 1060, §1; Redesignated from R.S. 22:671 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1292. Towing and storage of motor vehicles; insurance policies; storage fees; exceptions

RS 22:1292 - Towing and storage of motor vehicles; insurance policies; storage fees; exceptions
A. 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 credit obligations of the insured owner of the motor vehicle for charges for towing and storage services associated with the incident from which the insurance coverage arises. Such charges for storage services shall not exceed any maximum charge set by the Public Service Commission pursuant to its legal authority under R.S. 45:180.1, or as otherwise provided by law.
B. An insurer which has succeeded to the title of a motor vehicle is not authorized to abandon such vehicle to a towing or storage service without consent of the provider of such service.
C.(1) A debt incurred by or on behalf of a named insured for towing or storage services may be collected from an insurer which succeeds to the legal title of the motor vehicle covered under the policy for physical damage, property damage, or uninsured motorist coverage.
(2) An insurer may be authorized by the provisions of a motor vehicle insurance policy to act for a named insured in any matter regarding the towing and storage of a covered disabled vehicle.
D.(1) Repealed by Acts 1999, No. 1108, §3, eff. Jan. 1, 2000.
(2) Any storage facility which charges and receives a fee in excess of that set in this Section shall return all storage fees received for storage of the vehicle for which an excess fee was charged and shall be subject to a fine not to exceed one hundred dollars. Each daily overcharge shall constitute a separate violation for which a fine may be assessed.
(3) The daily storage fee shall be the only fee charged by the storage facility during storage of a vehicle. There shall be no additional charges for locating the vehicle in the storage facility, viewing of the vehicle, photography of the vehicle, removal of items from the vehicle, or for any other similar activity which does not require towing or moving of the vehicle during regular business hours.
(4) Nothing in this Section shall be construed to diminish the authority of the Public Service Commission to regulate wreckers and towing services and their rates, fares, tolls, or charges as provided by R.S. 45:180.1.
(5) For the purposes of this Section "inside" shall be limited to storage in or under a fixed structure.
E. Repealed by Acts 2006, No. 628, §2.
Acts 1990, No. 951, §§1, 3; Acts 1992, No. 375, §1; Acts 1999, No. 1108, §§1, 3 (§3 eff. Jan. 1, 2000); Acts 2006, No. 628, §§1, 2; Redesignated from R.S. 22:672 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1293. Automobile insurance; total loss provision

RS 22:1293 - Automobile insurance; total loss provision
An insurer may use the cost to repair or replace airbags used or damaged in an automobile accident to determine if the automobile is a total loss under the total loss provisions of the insurance policy if the policyholder agrees in writing. As used in this Section a "total loss" provision is any provision in an automobile insurance contract that allows the insurer to purchase the vehicle from the insured in lieu of paying for damages to the vehicle. Nothing in this Section shall require an insurer to pay more than the actual cash value of the vehicle, including the value of the airbags.
Acts 2005, No. 262, §1; Redesignated from R.S. 22:676 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1294. Automobile insurance; substitute vehicle; notice of discontinuance; payment to provider

RS 22:1294 - Automobile insurance; substitute vehicle; notice of discontinuance; payment to provider
A. Whenever any policy of automobile insurance provides a substitute vehicle for an insured, the insurer shall continue its payment for the substitute vehicle until either seventy-two hours after the named insured has been notified that the insurer will cease such payment or until the cost or time limits which the policy provides for substitute vehicles have been met, whichever is earlier.
B. The notice provided by this Section shall not be required when the repair of the insured vehicle has been completed and the insured has received the repaired insured vehicle.
C. The notice provided by this Section shall not be required when the insured requests the discontinuance of the substitute vehicle provided by the insurer.
D. Whenever any policy of automobile insurance provides a substitute vehicle for an insured, the insurer shall guarantee payment at the request of the insured for use of such vehicle pursuant to the policy provisions and shall pay the provider of the vehicle directly for use of the substitute vehicle pursuant to the provisions of the policy.
Acts 1988, No. 944, §1; Acts 1992, No. 868, §1; Redesignated from R.S. 22:1465 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1295.1. Excluded driver; named insured; liability

RS 22:1295.1 - Excluded driver; named insured; liability
A. The named insured and the operator of a motor vehicle shall be solidarily liable for the damages caused by the operator's negligent or intentional act when the operator has been designated as a person excluded from coverage on the motor vehicle liability insurance policy pursuant to R.S. 32:900(L), and the operator is operating the vehicle with the express permission of the named insured.
B. The liability of the named insured provided by this Section shall not exceed the mandatory minimum limits for automobile insurance as provided by R.S. 32:900, unless the named insured has a parent-child or tutorship relationship to the operator, or unless the named insured is otherwise vicariously liable for the acts or omissions of the operator excluded from coverage on the motor vehicle liability insurance policy pursuant to R.S. 32:900(L) or unless the named insured is responsible for the acts and omissions of the operator excluded from coverage on the motor vehicle liability insurance policy pursuant to R.S. 32:900(L).
C. If the operator has been excluded pursuant to R.S. 32:900(L), the insurer shall not be liable, and no liability or obligation of any kind shall result to the insurer for bodily injury, loss, or damage under any coverage of the policy, nor shall the insurer be obligated to provide a defense or pay any costs of defense.
Acts 2014, No. 21, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1296.1. Coverage for drivers of non-owned vehicles; requirements

RS 22:1296.1 - Coverage for drivers of non-owned vehicles; requirements
A. An approved insurance company, reciprocal or exchange, writing automobile liability, uninsured, underinsured, or medical payments coverage shall not exclude the benefits of such coverage under its policy to an insured operating a vehicle not owned by the insured if all of the following requirements are satisfied:
(1) The coverage is in full force and effect.
(2) The insured is operating a vehicle not owned by the insured with the express or implied permission of the vehicle's owner.
(3) The vehicle not owned by the insured that is being operated by the insured is not provided, furnished, or available to the insured on a regular basis.
B. Coverage provided pursuant to this Section shall be secondary to the vehicle owner's insurance policy.
C. If the coverage provided pursuant to this Section is included within the coverage provided pursuant to R.S. 22:1296, the provisions of R.S. 22:1296 shall determine which coverage is primary.
Acts 2022, No. 77, §1; Acts 2022, No. 93, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1297. Damaged vehicle in storage facility; timely appraisal; penalties

RS 22:1297 - Damaged vehicle in storage facility; timely appraisal; penalties
A. Whenever a property damage claim on a personal vehicle is made by an insured or a third party claimant, and the damaged vehicle is located in a storage facility, the insurer responsible for payment of the claim shall cause an appraisal of the damaged vehicle to be made within ten working days of the date of notification of the location and availability of the vehicle. In the event the property damage is caused by a natural disaster or catastrophe or unusual circumstances, the appraisal requirement in this Section shall be twenty working days.
B. Failure to make an appraisal within such time shall subject the insurer to a penalty, in addition to any other amounts owed, of ten percent of the value of the vehicle as determined by subsequent appraisal, or one thousand dollars, whichever is greater, payable to the insured or third party together with any appraisal fee, and all reasonable attorney fees incurred as a result of a violation of this Section.
Acts 1992, No. 867, §1; Redesignated from R.S. 22:673 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1300.4. Notification of implications of lien

RS 22:1300.4 - Notification of implications of lien
When a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and before a shared vehicle owner makes a shared vehicle available for sharing on the peer-to-peer car sharing program, a peer-to-peer car sharing program shall notify the shared vehicle owner that if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
Acts 2020, No. 277, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1300.5. Exclusions in motor vehicle liability policy

RS 22:1300.5 - Exclusions in motor vehicle liability policy
A. An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner's motor vehicle liability policy, including but not limited to:
(1) Liability coverage for bodily injury and property damage.
(2) Uninsured and underinsured motorist coverage.
(3) Medical payments coverage.
(4) Comprehensive coverage.
(5) Collision coverage.
B. Nothing in this Subpart invalidates or limits an exclusion contained in a motor vehicle liability policy, including any policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use.
Acts 2020, No. 277, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1300.6. Recordkeeping; use of vehicle in car sharing

RS 22:1300.6 - Recordkeeping; use of vehicle in car sharing
A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a shared vehicle, including but not limited to times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner. The peer-to-peer car sharing program shall provide that information upon request to the shared vehicle owner, the shared vehicle owner's insurer, or the shared vehicle driver's insurer to facilitate a claim coverage investigation. The peer-to-peer car sharing program shall retain the records for at least the length of the liberative prescription period set forth in Civil Code Article 3492.
Acts 2020, No. 277, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1300.7. Exemption; vicarious liability

RS 22:1300.7 - Exemption; vicarious liability
A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability in accordance with 49 U.S.C. 30106 and pursuant to any state or local law that imposes liability solely based on vehicle ownership.
Acts 2020, No. 277, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1300.8. Contribution against indemnification

RS 22:1300.8 - Contribution against indemnification
A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car sharing program if the claim is both of the following:
(1) Made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car sharing period.
(2) Excluded under the terms of its policy.
Acts 2020, No. 277, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1300.9. Insurable interest

RS 22:1300.9 - Insurable interest
A. Notwithstanding any other provision of law to the contrary, a peer-to-peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing period.
B. Nothing in this Section creates liability on a peer-to-peer car sharing program to maintain the coverage mandated by R.S. 22:1300.3.
C. A peer-to-peer car sharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provides coverage for any of the following:
(1) Liabilities assumed by the peer-to-peer car sharing program under a peer-to-peer car sharing program agreement.
(2) Any liability of the shared vehicle owner.
(3) Damage or loss to the shared motor vehicle.
(4) Any liability of the shared vehicle driver.
Acts 2020, No. 277, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1300.10. Consumer protections disclosures

RS 22:1300.10 - Consumer protections disclosures
Each car sharing program agreement made in this state shall disclose to the shared vehicle owner and the shared vehicle driver all of the following:
(1) Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.
(2) That a motor vehicle liability policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.
(3) That the peer-to-peer car sharing program's insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and the shared vehicle owner may not have insurance coverage.
(4) The daily rate, fees, and if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver.
(5) That the shared vehicle owner's motor vehicle liability insurance may not provide coverage for a shared vehicle.
(6) An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries.
(7) If there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to book a shared vehicle.
Acts 2020, No. 277, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1300.11. Driver's license verification; data retention

RS 22:1300.11 - Driver's license verification; data retention
A. A peer-to-peer car sharing program shall not enter into a peer-to-peer car sharing program agreement with a driver unless the driver who will operate the shared vehicle meets one of the following criteria:
(1) Holds a driver's license issued pursuant to R.S. 32:402 that authorizes the driver to operate vehicles of the same class as the shared vehicle.
(2) Is a nonresident who meets both of the following criteria:
(a) Holds a driver's license issued by the state or country of the driver's residence that authorizes the driver in that state or country to drive vehicles of the same class as the shared vehicle.
(b) Is at least the same age as that required of a resident to drive vehicles of the same class as the shared vehicle.
(3) Otherwise is specifically authorized by R.S. 32:401 et seq. to drive vehicles of the same class as the shared vehicle.
B. A peer-to-peer car sharing program shall keep record of the following:
(1) The name and address of the shared vehicle driver.
(2) The number of the driver's license of the shared vehicle driver and each other person, if any, who will operate the shared vehicle.
(3) The place of issuance of the driver's license.
Acts 2020, No. 277, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1300.12. Responsibility for equipment

RS 22:1300.12 - Responsibility for equipment
A peer-to-peer car sharing program shall have sole responsibility for any equipment, such as a global positioning system (GPS) system or other special equipment that is put in or on the vehicle to monitor or facilitate the car sharing transaction, and shall agree to indemnify and hold harmless the vehicle owner for any damage to or theft of the equipment during the car sharing period not caused by the vehicle owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle driver for any loss or damage to such equipment that occurs during the sharing period.
Acts 2020, No. 277, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1300.13. Automobile safety recalls

RS 22:1300.13 - Automobile safety recalls
A. At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing program shall:
(1) Verify that the shared vehicle does not have any safety recalls on the vehicle for which the repairs have not yet been made.
(2) Notify the shared vehicle owner of the requirements pursuant to Subsection B of this Section.
B.(1) If the shared vehicle owner has received an actual notice of a safety recall on the vehicle, a shared vehicle owner shall not make a vehicle available as a shared vehicle on a peer-to-peer car sharing program until the safety recall repair has been made.
(2) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available on the peer-to-peer car sharing program, the shared vehicle owner shall remove the shared vehicle as available on the peer-to-peer car sharing program as soon as practicably possible after receiving the notice of the safety recall and until the safety recall repair has been made.
(3) If a shared vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used in the possession of a shared vehicle driver, as soon as practicably possible after receiving the notice of the safety recall, the shared vehicle owner shall notify the peer-to-peer car sharing program about the safety recall so that the shared vehicle owner may address the safety recall repair.
Acts 2020, No. 277, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1301. Redesignated as R.S. 22:1981 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1301 - Redesignated as R.S. 22:1981 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1301.1. Redesignated as R.S. 22:1982 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1301.1 - Redesignated as R.S. 22:1982 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1302. Redesignated as R.S. 22:1983 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1302 - Redesignated as R.S. 22:1983 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1303. Redesignated as R.S. 22:1984 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1303 - Redesignated as R.S. 22:1984 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1304. Redesignated as R.S. 22:1985 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1304 - Redesignated as R.S. 22:1985 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1305. Redesignated as R.S. 22:1986 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1305 - Redesignated as R.S. 22:1986 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1306. Redesignated as R.S. 22:1987 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1306 - Redesignated as R.S. 22:1987 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1307. Redesignated as R.S. 22:1988 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1307 - Redesignated as R.S. 22:1988 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1308. Redesignated as R.S. 22:1989 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1308 - Redesignated as R.S. 22:1989 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1309. Redesignated as R.S. 22:1990 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1309 - Redesignated as R.S. 22:1990 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1310. Redesignated as R.S. 22:1991 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1310 - Redesignated as R.S. 22:1991 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1312. Forms to be provided

RS 22:1312 - Forms to be provided
Upon receiving notice of loss from the insured, the insurer shall provide within thirty days to the insured a form suitable for filing a proof of loss and shall advise the insured that he is required under the terms of the policy to submit a proof of loss.
Added by Acts 1977 No. 202, §1; Redesignated from R.S. 22:691.1 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 703, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1313. Fire insurance contract; standard provisions; variations

RS 22:1313 - Fire insurance contract; standard provisions; variations
A. Notwithstanding the requirements of R.S. 22:1311 concerning the use of the standard fire policy provisions, the use of such form shall not be required in the event the policy forms covering the peril of fire are equivalent to or exceed the provisions of the standard fire policy.
B. In the event that the policy forms used are not equivalent to or do not exceed the terms of the standard fire policy, all of the provisions of the standard fire policy shall become a part of the policy by physically attaching the standard fire policy.
C. Failure to attach the standard fire policy as provided in R.S. 22:1313(B) shall not affect the rights of the insured under the standard fire policy and the provisions of the standard fire policy shall become a part of the contract and shall prevail.
Acts 1986, No. 133, §1, eff. June 26, 1986; Acts 2004, No. 34, §1; Redesignated from R.S. 22:691.2 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 703, §1, eff. Jan. 1, 2011.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1314. Breach of warranties and conditions of fire policies and applications therefor

RS 22:1314 - Breach of warranties and conditions of fire policies and applications therefor
A. No policy of fire insurance issued by any insurer on property in this state shall hereafter be declared void by the insurer for the breach of any representation, warranty, or condition contained in such policy or in the application therefor. Such breach shall not allow the insurer to avoid liability unless such breach: (1) exists at the time of the loss, and be such a breach as would increase either the moral or physical hazard under the policy; or (2) shall be such a breach as would be a violation of a warranty or condition requiring the insurer to take and keep inventories and books showing a record of his business.
B. Notwithstanding the provisions of Subsection A of this Section, such a breach shall not afford a defense to a suit on the policy if the facts constituting such a breach existing at the time of the issuance of the policy and were, at such time, known to the insurer or to any of his or its officers or agents, or if the facts constituting such a breach existed at the time of the loss and were, at such time, known to the insurer or to any of his or its officers or agents, except in case of fraud on the part of such officer or agent or the insured, or collusion between such officer or agent and the insured.
Acts 1958, No. 125; Redesignated from R.S. 22:692 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 703, §1, eff. Jan. 1, 2011.
NOTE: Former R.S. 22:1314 redesignated as R.S. 22:1993 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1315. Defense of material misrepresentation not entitlement to void policy

RS 22:1315 - Defense of material misrepresentation not entitlement to void policy
Assertion of a defense of material misrepresentation made by an insured subsequent to loss by fire as to the value of the contents of a residence or business shall not entitle an insurer to void total coverage of the policy based on such misrepresentation, unless a court of competent jurisdiction determines and adjudicates otherwise. Such judicial determination shall apply to the claim that is the subject of the litigation and shall not apply retroactively to any claim that occurred prior to the loss that is the basis of the claim that is the subject of the litigation.
Acts 1985, No. 506, §1; Acts 2007, No. 156, §1, eff. June 25, 2007; Redesignated from R.S. 22:692.1 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
NOTE: Former R.S. 22:1315 redesignated as R.S. 22:1994 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.