DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 19 Reengrossed 2020 First Extraordinary Session Seabaugh
Suspends R.S. 22:333(E) and 1269(B) which provide relative to liability policies and direct actions
against an insurer.
Present law (R.S. 22:333(E)) provides that in order to transact business in La., a foreign or alien
insurer must obtain a certificate of authority, which requires the insurer to consent to being sued by
an injured person or their heirs through direct action for injuries occurring in La., regardless of
whether or not the policy itself forbids direct action.
Present law (R.S. 22:1269(B)) provides that an injured third party has the right to take direct legal
action against the insurer if that right is provided for within the terms and limits of the policy.
Provides for direct action against the insurer alone if at least one of the following applies:
(1) The insured has been adjudged bankrupt by a court of competent jurisdiction or proceedings
to adjudge an insured bankrupt have been commenced before a court of competent
jurisdiction.
(2) The insured is insolvent.
(3) Service of citation or other process cannot be made on the insured.
(4) The cause of action is for damages resulting from an offense or quasi offense between
children and parents or between married persons.
(5) The insurer is an uninsured motorist carrier.
(6) The insured is deceased.
Effective on Aug. 1, 2020, if House Bill No. 57 of this 2020 First E.S. is not enacted or is vetoed and
fails to become law.
(Suspends R.S. 22:333(E) and 1269(B))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add that this Resolution is effective on Aug. 1, 2020, if House Bill No. 57 of the 2020
First E.S. is not enacted or is vetoed and fails to become law.