House Bill No. 443, introduced by Representatives Henry and others, aims to establish new procedural requirements for notifications in delictual actions. The bill enacts Civil Code Article 2315.12, which mandates that the attorney for the plaintiff must notify the defendant in writing within ten business days of being retained if the defendant has insurance that may cover damages related to the cause of action. The notification must be delivered via certified or electronic mail and include specific information such as the plaintiff's name, attorney's contact information, the nature of the claim, the date and location of the incident, and the plaintiff's domicile.
Additionally, the bill allows for sanctions against attorneys who fail to comply with these notification requirements. Notably, an amendment adopted by the House Committee on Civil Law and Procedure removed a previous requirement for notifying the defendant's insurer when the plaintiff retains counsel. This legislation seeks to enhance communication and procedural clarity in delictual actions, ensuring that all parties are adequately informed of relevant claims and circumstances.