RÉSUMÉ DIGEST
ACT 275 (HB 337) 2024 Regular Session McFarland
Prior law granted an injured person, or his survivors or heirs, a right of direct action against
an insurer alone or against both the insured and insurer jointly and in solido under the general
rules of venue prescribed by C.C.P. Art. 42. Authorized an injured person to bring action
against the insurer alone only when at least one of the following applied:
(1) The insured had been adjudged bankrupt by a court of competent jurisdiction or
proceedings to adjudge an insured bankrupt were commenced.
(2) The insured was insolvent.
(3) Service of citation or other process could not be made on the insured.
(4) The cause of action was for damages as a result of an offense or quasi-offense
between children and their parents or between married persons.
(5) The insurer was an uninsured motorist carrier.
(6) The insured is deceased.
New law repeals prior law and provides that the injured person or, if deceased, persons listed
in existing law (C.C. Arts. 2315.1 and 2315.2), have no right to file a survival or wrongful
death claim as a direct action against an insurer unless one of the following applies:
(1) The insured files for bankruptcy in a court of competent jurisdiction or proceedings
to adjudge an insured bankrupt have been commenced.
(2) The insured is insolvent.
(3) Service of citation or other process has been attempted without success or the insured
defendant refuses to answer or defend the action within 180 days of service.
(4) The cause of action is for damages as a result of an offense or quasi-offense between
children and their parents or between married persons.
(5) The insurer is an uninsured motorist carrier.
(6) The insured is deceased.
(7) The insurer is defending the lawsuit under a reservation of rights, or the insurer
denies coverage to the insured, but only for the purpose of establishing coverage.
New law provides that the filing of an action against an insured interrupts prescription for
all insurers whose policies provide coverage for the claims asserted in the action.
New law prohibits the name of an insurer from inclusion in the caption of an action brought
against the insurer. Further requires the action to be captioned only against the insured
defendant or other noninsured defendants.
Prior law (C.E. Art. 411(D)) required the court to provide certain instructions to the jury
regarding insurance. New law repeals prior law.
New law prohibits a court from disclosing the existence of insurance coverage or mentioning
coverage in the jury's presence unless required in new and existing law (C.E. Art. 411).
New law authorizes a court to dismiss the action of any insured or other defendant if the
action cannot proceed due to the insured's insolvency or other circumstances described in
new and existing law.
In certain instances, new law authorizes an insurer to be joined on motion of any party as a
defendant for the purposes of entering final judgment or enforcing a settlement. Provides
that the joining of an insurer defendant is subject to the terms and limits of the policy.
Further provides that new law does not apply if the insurer timely denied coverage or
reserved rights, unless there has been an adjudication in favor of coverage.
New law requires a judgment entered against an insured to also be rendered against any
nonparty insurer that is joined post verdict.
New law prohibits disclosure of an insurer to the jury in a subsequent trial that results from
a reversed or remanded judgment.
New law provides that when an insured defendant files the first responsive pleading, counsel
for the defendant is required to certify to the plaintiff the name and address of any additional
insurers who waive any further notice related to the cause of action.
New law deems that an insurer has provided all notice regarding insurers who have entered
a waiver unless the insured provides written notice to the parties instructing notice to be
additionally sent to another counsel. Further provides that if an insurer waives notice of a
cause of action, the order to join the defendant post verdict may be issued ex parte.
New law authorizes notice of the commencement of a civil action to be provided by the
plaintiff or counsel to a nonparty insurer by service of citation through any method of service
provided by law.
New law authorizes any copy of a motion to join the insurer post verdict to be granted in
chambers within 15 days following service, unless a contradictory hearing is requested.
New law requires an insurer that denies coverage to do the following:
(1) Provide written notice of reservation of rights to assert a coverage defense to the
named insured at his last known address by U.S. postal mail or other similar tracking
method, commercial courier, or by hand delivery, within 90 days after the liability
insurer makes a determination of the existence of a coverage defense, but not later
than 30 days before trial.
(2) Provide notice to all counsel of record in a cause of action against the insured that a
reservation of rights has been issued, and provide such notice within 60 days of
sending the notice of reservation of rights, but not later than 30 days before trial.
Prior law provided an intent for all liability policies within their terms and limits to be
executed for the benefit of all injured persons and their survivors or heirs to whom the
insured is liable; and that it is the purpose of all liability policies to give protection and
coverage to all insureds, whether they are the named insured or additional insureds under the
omnibus clause, for any legal liability the insured may have as or for a tortfeasor within the
terms and limits of the policy.
New law repeals prior law and provides that the purpose of all liability policies is to provide
protection and coverage to all insureds, whether the insured is a named insured or an
additional insured under the omnibus clause, for all legal liability the insured may have
within the terms and limits of the policy.
New law (uncodified) does not prevent a plaintiff from resolving a claim of coverage against
one insurer while preserving a claim against another insurer of the same defendant in the
cause of action.
Effective August 1, 2024.
(Amends R.S. 22:1269(B)(1) and (D); Adds R.S. 22:1269(B)(3) and (4), (E), and (F);
Repeals C.E. Art. 411(D))


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)