§ 22:1931.3 — Civil actions authorized

Louisiana § 22:1931.3

• Jurisdiction: Louisiana
• Title 22: Insurance

Text

NOTE: Pursuant to R.S. 22:1931.13, this Section terminates on July 1, 2024.
§1931.3. Civil actions authorized
A. No person shall knowingly commit any fraudulent insurance act as defined in R.S.
22:1923 or violate any provision of R.S. 22:1924.
B. The attorney general may institute a civil action in the Nineteenth Judicial District
Court for the parish of East Baton Rouge to seek recovery from any person or persons who
violate any provision of R.S. 22:1924. Each violation may be treated as a separate violation
or may be combined into one violation at the option of the attorney general.
C. An action by a prevailing defendant to recover costs, expenses, fees, and attorney
fees shall be ancillary to and shall be brought and heard in the same court as the civil action
brought pursuant to the provisions of Subsection B of this Section.
D. A prevailing defendant may seek recovery only for costs, expenses, fees, and
attorney fees if the court finds, following a contradictory hearing, that either of the following
applies:
(1) The action was instituted by the attorney general pursuant to Subsection A of this
Section after it should have been determined by the attorney general to be frivolous,
vexatious, or brought primarily for the purpose of harassment.
(2) The attorney general proceeded with an action properly instituted pursuant to
Subsection A of this Section after it should have been determined by the attorney general that
proceeding would be frivolous, vexatious, or for the purpose of harassment.
E. Any action brought pursuant to the provisions of this Part shall be filed in the
Nineteenth Judicial District Court for the parish of East Baton Rouge.

Legislative History

Acts 2012, No. 862, §1.