Requires motor vehicle insurers to disclose liability policy information to third-party claimants upon written request
Requires motor vehicle insurers to disclose liability policy information to third-party claimants upon written request
House Bill 281 enacts Louisiana Revised Statutes 22:1892.4 to create a mandatory disclosure obligation for motor vehicle liability insurers. The statute requires every insurer providing motor vehicle coverage in Louisiana to furnish a written statement within thirty days of receiving a written request from a third-party claimant or the claimant's attorney. The statement must identify the insurer by name, list each insured party associated with the vehicle involved in the accident, and specify the coverage limits for applicable policies or indicate that no coverage exists for the accident. To trigger this disclosure requirement, a claimant or attorney must submit a written request containing the specific nature of the claim and a copy of the accident report. An insurer may request additional information if the initial request lacks sufficient detail, and providing a copy of relevant policy declaration pages satisfies the disclosure obligation.
The legislation primarily affects third-party claimants and their attorneys seeking information about available insurance coverage after an automobile accident, as well as motor vehicle insurers operating in Louisiana. Claimants and their legal representatives gain access to critical information about potential recovery sources, enabling more informed claim evaluation and settlement negotiations. Insurers must establish procedures to respond to disclosure requests within the statutory timeframe and maintain systems for tracking requests and generating required statements. The statute does not impose substantive liability changes but rather creates a procedural mechanism for information sharing. An insurer must amend its initial statement by certified mail if it later discovers facts inconsistent with or supplementing the original disclosure.
House Bill 281 operates within the Louisiana Insurance Code framework, as indicated by the enforcement provision in Subsection G. The statute provides statutory protections that limit the legal consequences of compliance: disclosures do not constitute waivers of insurer defenses, admissions of liability, or admissible evidence in litigation. Information disclosed under this statute becomes confidential, and claimants and their attorneys must destroy all received information upon final claim disposition. The legislation includes both prospective and retroactive application, extending to pending claims and causes of action unresolved by settlement or judicial award at the time of the Act's effective date, which occurs upon gubernatorial signature or the expiration of the period for bills to become law without signature. This retroactive scope means existing claims can trigger disclosure obligations under the new statute.
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