§ 22:1332 — Delivery of homeowners' insurance; disclosures

Louisiana § 22:1332

• Jurisdiction: Louisiana
• Title 22: Insurance

Text

§1332. Delivery of homeowners' insurance; disclosures
A. In addition to any other requirement contained in law, the provisions of this
Section shall govern the issuance of homeowners' insurance policies issued or delivered in
this state which provide coverage for damage to property in this state.
B. No homeowners' insurance policy which provides coverage for damage to
property shall be delivered or issued for delivery in this state with respect to any residential
property unless the insurer advises the insured in writing, prominently displayed on a form
developed and promulgated by the commissioner of insurance and in bold typed print of not
less than a fourteen-point font as an insert in the front of the policy, of the following
disclosures:
(1) Which coverages are included in the policy for which the insured has paid
premiums.
(2) Whether or not the insured has coverage for flood or mold. The disclosure shall
also state that flood insurance is available through the National Flood Insurance Program and
that excess flood insurance may be available by a separate policy.
(3) A distinction between replacement cost for losses and actual cash value, the use
of depreciation in determining payment for losses, and that the policy may contain time
limitations for repairs to be completed in order to receive full replacement cost for the losses.
(4) That the policy determines the process for providing the insurer with a
notification of a loss, and the timeline provided by law, including R.S. 22:1892 and 1892.2,
of when a claim must be adjusted, settled, and paid, including an explanation of the possible
penalties imposed on an insurer for failing to conform to the time requirements.
(5) That the insured may have the option to increase the deductible and thus lower
the potential cost paid.
(6) Whether a separate deductible is required for hurricane, wind, or named-storm
damage, and, if so, one standardized example of how such separate deductible will be applied
under the policy. Such example need not be customized for each policyholder.
(7) That making a claim that does not exceed the policy deductible and that does not
result in a payment either to the insured or on behalf of the insured may be used by the
insurer to increase the cost of the policy's premium in the future or as part of the basis for
cancellation of the policy. Insurers that do not use such claims to increase the cost of the
policy's premium or as part of the basis for cancellation of the policy shall be exempt from
the disclosure requirements of this Paragraph.
(8) That improvements or modifications to the property such as adding storm
shutters, modifying the roof design, and improving the roof covering may reduce the cost of
the policy's premium and advising the homeowner to contact the insurance producer or
insurer for details on qualifying improvements or modifications.
C. Any disclosure provided pursuant to this Section shall be for informational
purposes only and shall not amend, extend, or alter the coverages provided in the policy. In
addition, any such notice shall not be admissible in any action brought concerning the policy
of insurance except for the sole purpose of showing that the notice was or was not provided
pursuant to this Section.

Legislative History

Acts 2006, 1 st Ex. Sess., No. 42, §1; Acts 2006, No. 438, §1; Redesignated from R.S. 22:1477 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 36, §1, eff. Jan. 1, 2010; Acts 2016, No. 274, §1, special eff. date; Acts 2019, No. 194, §1, special effective date; Acts 2024, No. 3, §3, eff. July 1, 2024.