§ 22:1335 — Homeowners' insurance; cancellation; nonrenewal; limited grace period for

Louisiana § 22:1335

• Jurisdiction: Louisiana
• Title 22: Insurance

Text

§1335. Homeowners' insurance; cancellation; nonrenewal; limited grace period for
surviving spouse
NOTE: Subsection A eff. until July 1, 2026. See Acts 2025, No. 182.
A. An insurer that has issued a policy of homeowner's insurance shall not fail to
renew the policy unless it has mailed or delivered to the named insured, at the address shown
in the policy, written notice of its intention not to renew. The notice of nonrenewal shall be
mailed or delivered at least thirty days before the expiration date of the policy. If the notice
is mailed less than thirty days before expiration, coverage shall remain in effect under the
terms and conditions until thirty days after the notice is mailed or delivered. Any earned
premium for the period of coverage extended beyond the expiration date shall be considered
pro rata based upon the rate of the previous year.
NOTE: Subsection A eff. July 1, 2026. See Acts 2025, No. 182.
A. An insurer that has issued a policy of homeowner's insurance shall not fail to
renew the policy unless it has mailed or delivered to the named insured, at the address
shown in the policy, written notice of its intention not to renew. The notice of nonrenewal
shall be mailed or delivered at least sixty days before the expiration date of the policy. If the
notice is mailed less than sixty days before expiration, coverage shall remain in effect under
the terms and conditions until sixty days after the notice is mailed or delivered. The insurer
shall include in the notice the cause for which the insurer is failing to renew the policy. Any
earned premium for the period of coverage extended beyond the expiration date shall be
considered pro rata based upon the rate of the previous year.
B. The notice of nonrenewal shall not be required if the insurer or a company within
the same insurance group has offered to issue a renewal policy, or if the named insured has
provided written notification to the insurer of the intention of the insured not to renew.
C. An insurer providing property, casualty, or liability insurance that provides
homeowners' insurance shall provide up to a maximum of a sixty-day grace period for the
payment of a semi-annual or annual insurance premium for homeowners' insurance upon the
insurer's receipt of a request from a surviving spouse that is in accordance with this Section.
When the grace period is implemented, all time delays for cancellation or nonrenewal set
forth in Subsection A of this Section shall be extended by the length of the grace period as
required in Subsection D of this Section.
D. To receive a grace period extension, an insured shall provide written notice to his
insurer that includes both of the following:
(1) A copy of the death certificate for the deceased spouse that includes his date of
death, and the date of his death is within sixty days following the original insurance premium
due date.
(2) A specification of the requested length of days for the grace period that shall not
exceed sixty days following the original due date for a semi-annual or annual insurance
premium payment.
E. Upon conclusion of the grace period elected in Paragraph (D)(2) of this Section,
all sums originally due shall become due and payable.
F. This grace period shall only apply to insurance payments made directly by the
insured to his insurer and shall exclude payments made to any lending institution or financial
intermediary that includes insurance premium payments as part of an escrow arrangement.
G. The grace period payment shall not create a private right of action by the insured,
except the commissioner may consider the failure of the insurer to grant a properly
documented timely request pursuant to Subsection D of this Section as a violation of R.S.
22:1964.
H. The commissioner may promulgate and adopt rules in accordance with the
Administrative Procedure Act.

Legislative History

Acts 1991, No. 774, §1; Redesignated from R.S. 22:636.6 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2024, No. 175, §1, eff. Jan. 1, 2025; Acts 2025, No. 182, §1, eff. July 1, 2026.