This bill amends and reenacts certain provisions of Louisiana's Revised Statutes regarding direct actions against insurers, specifically R.S. 22:1269. It introduces new criteria under which an injured party can pursue a direct action against an insurer, including circumstances such as the insured filing for bankruptcy, being insolvent, or if service of citation has been unsuccessfully attempted. Additionally, the bill establishes that the filing of an action against the insured will interrupt the prescription period for all insurers providing coverage for the claims asserted. It also mandates that actions against insurers should not be included in the case caption and prohibits disclosing the existence of insurance coverage to jurors unless required by law.

Furthermore, the bill repeals Code of Evidence Article 411(D) and clarifies the responsibilities of liability insurers when denying coverage. Insurers must provide written notice of any coverage defense within specified timeframes, and the insured must notify all counsel of record regarding any reservation of rights issued by the insurer. The legislation emphasizes that the purpose of liability policies is to protect all insured parties, whether named or additional insureds, for legal liabilities within the policy's terms and limits. Overall, the bill aims to streamline the process of direct actions against insurers while ensuring that the rights of both insured parties and insurers are clearly defined.

Statutes affected:
HB337 Original: 22:1269(B)(1)
HB337 Engrossed: 22:1269(B)(1)
HB337 Reengrossed: 22:1269(B)(1)
HB337 Enrolled: 22:1269(B)(1)
HB337 Act : 22:1269(B)(1)