Insurance Reform in Louisiana Sparks Controversy, Expands Oversight | Insurify
The state's own insurance commissioner opposed the legislation, even though at least one of the bills expands his regulatory power.
Under current state law,
House Bill (HB) 148, one of the six laws passed, empowers the state insurance commissioner to reject "excessive, inadequate, or unfairly discriminatory" rate increases. If the commissioner deems an increase to be unacceptable, he can direct an insurer to issue refunds to affected customers — or collect additional premiums if he decides an increase is inadequate.
It also gives the commissioner the power to decide whether an insurer must publicly disclose rate-calculation information the insurer has marked as "confidential, trade secret, or proprietary."
"It is the insurance department's job to protect you, to protect our citizens, when those who we pay premiums to break their promises and are bad actors," said Gov.
How reform laws will affect
HB 148 also requires insurers that write homeowners and auto insurance to "prominently" display the premium for the previous policy term on renewal notices. The notice must show the previous premium "in close proximity to the renewal premium."
Five additional insurance reform laws:
Stipulate that drivers who are more than 51% responsible for a car accident can't seek damages. Previously, drivers more than 51% at fault could still claim damages equal to the remaining fault percentage.Expand the state's "No Pay, No Play Law" to prohibit uninsured drivers from receiving damages for the initial
What's next? Opposition from within the insurance department
But opponents, including the
"[It] will significantly discourage needed insurance capital that would have otherwise come into the
The state's current commissioner,
"Instead of helping address our insurance crisis, this new law makes
"We compete against other states for insurance company capacity and absolutely must maintain our unbiased, predictable regulatory environment that fosters competition, protects consumers and ensures the financial stability of insurers," Temple added.
"We've taken steps to shield Louisianans from frivolous lawsuits driven by trial lawyers — using a data-driven strategy," Landry said of the newly passed legislation. "And we made it clear to insurance companies that they must answer to their policyholders."
The average annual insurance premium for homeowners in
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