The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 14 Engrossed 2020 First Extraordinary Session McMath
Present act language provides that the court shall award the plaintiff as damages one and one-half
times the amount of premiums paid for a period not to exceed one year prior to the date of the
accident or occurrence for procuring the health insurance policy providing benefits to the plaintiff
for the treatment or services received.
Proposed law provides that in cases where a plaintiff's medical expenses incurred as a result of the
injury at issue have been paid in whole or in part by a health insurance issuer the court may award,
as an item of damages to the plaintiff, the cost of procuring the health insurance policy for which the
plaintiff received the benefit of coverage on the medical expenses incurred as a result of the incident
at issue. Further provides that the damages shall not exceed an amount equal to one and one-half
times the premium paid for the policy in the twelve-month period prior to the injury at issue.
Effective 60 days upon adjournment of the 2020 First Extraordinary Session.
(Amends R.S. 9:2800.25(C) as enacted by §4 of Act No.__ of the 2020 Regular Session of the
Louisiana Legislature, which originated as Senate Bill No. 418)