This text of Louisiana § 22:1284.1 (Motor vehicle insurance; consideration of lapse in coverage) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1284.1. Motor vehicle insurance; consideration of lapse in coverage
A (1)(a) An insurer shall not increase the premium rate or increase or add a surcharge
on any policy of motor vehicle insurance based on an insured's first lapse in coverage,
provided the lapse does not exceed ninety days. Any subsequent lapse in coverage may
result in an increased premium rate or surcharge on a policy. Each time an insured maintains
continuous coverage for five or more consecutive years following a lapse in coverage, the
insurer shall treat the first subsequent lapse in coverage as a first lapse for the purposes of
this Section.
(b)As used in this Section, "lapse in coverage" or "lapse" means any period during
which the owner of a motor vehicle ceases to maintain liability coverage on a vehicle as
requi
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§1284.1. Motor vehicle insurance; consideration of lapse in coverage
A (1)(a) An insurer shall not increase the premium rate or increase or add a surcharge
on any policy of motor vehicle insurance based on an insured's first lapse in coverage,
provided the lapse does not exceed ninety days. Any subsequent lapse in coverage may
result in an increased premium rate or surcharge on a policy. Each time an insured maintains
continuous coverage for five or more consecutive years following a lapse in coverage, the
insurer shall treat the first subsequent lapse in coverage as a first lapse for the purposes of
this Section.
(b) As used in this Section, "lapse in coverage" or "lapse" means any period during
which the owner of a motor vehicle ceases to maintain liability coverage on a vehicle as
required by the Motor Vehicle Safety Responsibility Law.
(2) The withdrawal of a discount for which an insured no longer qualifies shall not
be deemed an increase in the premium rate or a surcharge as used in this Subsection.
B. Repealed by Acts 2025, No. 476, §2, eff. Jan 1, 2026.
C. Any insurer who violates the provisions of this Section shall refund to the insured
person the amount of premium paid in excess of the amount that would have been charged
if the insurer had complied with this Section.
D. Notwithstanding any other provisions of law to the contrary, one or more lapses
in coverage, as defined in this Section, shall not be the sole basis for an insurer's denial of
an application for a policy of motor vehicle insurance. In addition, an insurer shall not
require that coverage be provided by another insurer based solely upon a lapse in coverage.