This text of Louisiana § 22:1898 (Catastrophe claim process disclosure form; rules and regulations) 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.
§1898. Catastrophe claim process disclosure form; rules and regulations
A. The commissioner shall promulgate all rules and regulations for a catastrophe
claims process disclosure form that shall include but not be limited to the following:
(1)An explanation of the claims process, and the manner through which the insurer
should communicate with the insured, subject to the terms and conditions of the insurance
policy.
(2)An explanation of the supplemental claims process and the manner through
which insurer should communicate with the insured, subject to the terms and conditions of
the insurance policy.
(3)An explanation of the methodology used to calculate the percentage of the
insured value of the property applicable to the insured's hurricane, named storm, wind, and
hail deductibles.
(4
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§1898. Catastrophe claim process disclosure form; rules and regulations
A. The commissioner shall promulgate all rules and regulations for a catastrophe
claims process disclosure form that shall include but not be limited to the following:
(1) An explanation of the claims process, and the manner through which the insurer
should communicate with the insured, subject to the terms and conditions of the insurance
policy.
(2) An explanation of the supplemental claims process and the manner through
which insurer should communicate with the insured, subject to the terms and conditions of
the insurance policy.
(3) An explanation of the methodology used to calculate the percentage of the
insured value of the property applicable to the insured's hurricane, named storm, wind, and
hail deductibles.
(4) An explanation of the difference between the actual cash valuation and the
replacement cost valuation.
(5) The rights and protections a policyholder has under state law.
(6) An explanation of the duties a policyholder has in order to settle an insurance
claim.
(7) An explanation of the items necessary to properly document an insurance claim.
(8) An explanation of the procedure for filing a complaint with the department if the
policyholder is not satisfied with either the claim process or the claim settlement.
(9) A statement that informs the policyholder that if he files a claim for damage to
a property subject to a mortgage, the policyholder may be required to notify the lender or
mortgage servicer of the claim.
(10) A statement that informs the policyholder that if he receives proceeds from an
insurance settlement for damage to a property subject to a mortgage, the policyholder may
be required to contact the lender or mortgage servicer, as the lender or mortgage servicer may
be a named payee whose endorsement may be required prior to depositing the insurance
proceeds.
(11) An explanation of the procedure for filing a complaint with the office of
financial institutions if there is any dissatisfaction with how the lender or mortgage servicer
handled the disbursement of the insurance proceeds.
(12) The process for utilizing the Hurricane Mediation Program if there is a disputed
residential property insurance claim for property damage.
B.(1) If the governor declares a state of emergency pursuant to R.S. 29:724, an
insurer settling a property insurance claim that arises out of the state of emergency shall send
to a policyholder filing a property insurance claim the catastrophe claim process disclosure
form promulgated by the commissioner pursuant to Subsection A of this Section.
(2) The insurer shall send the catastrophe claim process disclosure form to the
policyholder no later than the date of the initial investigation of the claim by an adjuster. The
disclosure form may be sent by United States mail, electronic delivery, or hand delivery.
C. Nothing in this Section shall be construed to provide a policyholder with a civil
cause of action.