Louisiana Revised Statutes 22:41 – Policyholder bill of rights
Terms Used In Louisiana Revised Statutes 22:41
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fraud: Intentional deception resulting in injury to another.
The following items exist in Louisiana statutes and shall serve as standards for a policyholder bill of rights and do not create additional causes of actions or further penalties not otherwise provided under Louisiana statutes:
(1) Policyholders shall have the right to competitive pricing practices and marketing methods that enable them to determine the best value among comparable coverage in accordance with La. Rev. Stat. 22:1964.
(2) Policyholders shall have the right to insurance advertising that is not false and other selling approaches that provide accurate and balanced information on the benefits and limitations of a policy in accordance with La. Rev. Stat. 22:1964.
(3) Policyholders shall have the right to an insurance company that is financially stable.
(4) Policyholders shall have the right to be treated fairly and be free from unfair or deceptive acts or practices in accordance with La. Rev. Stat. 22:1961 et seq.
(5) Policyholders shall have the right to receive service from competent, honest insurance producers that will answer their questions promptly.
(6) Policyholders shall have the right to receive the appropriate disclosure form as an insert in the front of the policy that complies with La. Rev. Stat. 22:1319 and 1332.
(7) Policyholders shall have the right to balanced and positive regulation by the Department of Insurance.
(8) Policyholders shall have the right to check the license status of an insurance company, producer, or adjuster.
(9) Policyholders shall have the right to receive written notice of cancellation or nonrenewal at least thirty days prior to the effective date of the cancellation or nonrenewal, unless the cancellation or nonrenewal is for non-payment of premium and shall have the right to protection from improper cancellation or nonrenewal in accordance with La. Rev. Stat. 22:1265 and 1333.
(10) Policyholders shall have the right to receive in writing the reason for any cancellation or nonrenewal of coverage. The written statement must provide an explanation for the cancellation or nonrenewal of coverage.
(11) Policyholders shall have the right to cancel their policy and receive a refund of any unearned premium. If a policy was funded by a premium finance company, the unearned premium will be returned to the premium finance company to pay toward the policyholder’s financing loan.
(12) Policyholders shall have the right to a written notification detailing any change in policy provisions at renewal.
(13) Policyholders shall have the right to receive payment of the amount of any property damage claim, or a portion of the claim, due or a written offer to settle any property damage claim within thirty days after receipt of satisfactory proof of loss in accordance with the provisions of La. Rev. Stat. 22:1892 and 1973. If a claim is denied, policyholders shall have the right to receive a written explanation as to the reason for denial, in whole or in part, of any claim made under their policy of insurance.
(14) Relative to first-party property damage claims, policyholders shall have the right to request and receive from the insurance company any portion of the claim file, including but not limited to any written reports, estimates, bids, plans, measurements, drawings, engineer reports, contractor reports, statements, photographs, video recordings, or any other documents or communications unless the record that the insurance company prepared or used during its adjustment of the policyholder’s claim is legally privileged in accordance with La. Rev. Stat. 22:1964(14). An insurance company may keep confidential adjuster notes, logs, and any other documents or communications prepared in conjunction with a fraud investigation in accordance with La. Rev. Stat. 22:1964(14).
(15) Policyholders shall have the right to file a complaint against any insurance company, producer, or adjuster with the Department of Insurance, and have that complaint investigated by the department.
(16) Policyholders shall have the right to a readable policy, to receive a complete property insurance policy, and to request a duplicate or replacement policy as needed.
(17) Policyholders shall have the right to the remedies provided for in La. Rev. Stat. 22:1892 if an insurer violates that Section in the handling of the claim.
Acts 2007, No. 222, §1, eff. July 2, 2007; Redesignated from La. Rev. Stat. 22:1455 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 503, §1; Acts 2018, No. 27, §1; Acts 2023, No. 206, §1.