House Bill No. by Representative Wilder amends the Code of Civil Procedure Article 76 to establish specific venue provisions for actions involving uninsured and underinsured motorist policies. The bill allows actions on life insurance policies to be brought in the parish where the deceased died, was domiciled, or where any beneficiary is domiciled. For health and accident insurance policies, actions can be initiated in the parish where the insured is domiciled or where the accident or illness occurred. However, for uninsured and underinsured motorist policies, the bill specifies that such actions must be brought in the parish where the wrongful conduct occurred or where the defendant is domiciled, with an exception allowing actions solely against the uninsured and underinsured motorist policy to be brought in the parish where the insured is domiciled.
The proposed law supersedes existing provisions in Articles 42 and 45 of the Code of Civil Procedure and R.S. 22:1269, which outline general venue rules and conditions for direct actions against insurers. The changes aim to clarify the venue for uninsured and underinsured motorist policy actions, ensuring that these cases are handled in a manner that reflects the location of the wrongful conduct or the defendant's residence, rather than solely where the insured resides. This legislative change is intended to streamline the process for claimants seeking to file actions related to uninsured and underinsured motorist policies.