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2004 Summary of New State Laws - Louisiana

Issue

Bill #

Bill Description

FAIR Plans

HB 423

Changes from September 30 to December 31 the end of the fiscal year for the Coastal and Fair plans. Effective 5/21/04. Act No. 46, Laws of 2004.

FAIR Plans

HB 752

Deletes farmowners' multiperil insurance from the Louisiana Citizens Property Insurance Corporation. Effective 7/27/04. Act No. 106, Laws of 2004.

Fraud

HB 350

Changes the termination date of insurance fraud investigation unit from 2004 to 2008.

Guaranty Fund

HB 1051

Requires, in personal injury or death suits resulting from asbestos exposure or environmental pollutants, claimants to first exhaust all available insurance prior to recovery against the association, even if an insolvent insurer provided the only coverage for one or more policy periods of the alleged exposure, and to satisfy proper personal jurisdiction. Effective 7/27/04. Act No. 108, Laws of 2004.

Guaranty Fund

HB 1052

Provides for recovery of costs incurred by the insurance guaranty association in defense of a claim. Effective 7/27/04. Act No. 109, Laws of 2004.

Rate Regulation

HB 1514

Would vest exclusive authority with the office of property and casualty to accept, review, and approve any application for insurance rates or rate changes for all lines of commercial property and casualty insurance. Approved by Legislature 6/21/04. Effective 1/1/05 if approved by the Governor.

Standard Fire Contracts

SB 540

Provides that the standard fire policy form required by law would not need to be used if the policy forms covering the 'peril of fire' offer the same or more provisions than the standard. Effective 7/20/04. Act No. 34, Laws of 2004.

Telephone Sales

HB 189

Exempts periodic follow-up or general wellness calls from optometrists, dentists, and physicians, or representatives thereof, to patients from the 'do not call' law. Effective 8/9/04. Act No. 148, Laws of 2004.

Workers Compensation

HB 823

Allows disputes between a single health care provider and a single payor to be consolidated, providing proper venue in the workers' compensation district in the parish of domicile of either the payor or the provider. Effective 6/15/04. Act No. 257, Laws of 2004.

Workers Compensation

HB 825

Clarifies that prior written approval from the Second Injury Board must be obtained prior to a settlement being submitted to the workers' compensation court for approval. Effective 6/15/04. Act No. 258, Laws of 2004.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Louisiana State Resource Center