HB 1117

ENROLLED
 2026 Regular Session
  ACT No. 876
 HOUSE BILL NO. 1117
 BY REPRESENTATIVE FIRMENT
1AN ACT
2 To amend and reenact R.S. 22:868(B), relative to certain insurer contractual payments; to
3provide for prescriptive periods; to provide for payment under terms of contracts; to
4provide for effectiveness; to provide for written notice; and to provide for related
5matters.
6 Be it enacted by the Legislature of Louisiana:
7Section 1. R.S. 22:868(B) is hereby amended and reenacted to read as follows:
8§868. Limiting actions; jurisdiction; venue
9*       *  *
10B.(1) No insurance contract delivered or issued for delivery in this state and
11covering subjects located, resident, or to be performed in this state, or any health and
12accident policy insuring a resident of this state regardless of where made or
13delivered, shall contain any condition, stipulation, or agreement limiting right of
14action against the insurer to a period of less than twenty-four months next after the
15inception of the loss when the claim is a first-party claim, as defined in R.S. 22:1692,
16and arises under any insurance classified and defined in R.S. 22:47(6), (10), (11),
17(12), (13), (15), and (19) or to a period of less than one year from the time when the
18cause of action accrues in connection with all other insurances unless otherwise
19specifically provided in this Code. An insurer's payment under the terms of a policy
20of insurance classified and defined in R.S. 22:47(6), (10) through (13), (15), and (19)
21shall not be considered the acknowledgment of a debt or otherwise serve to extend
22the contractually defined prescriptive period which begins running at the inception
23of the loss.
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 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HB NO. 1117  ENROLLED
1(2) If an insurer issues an unconditional payment on a claim filed under the
2dwelling coverage or other structures coverage of a homeowners' policy, the insurer
3shall provide written notice to the claimant that the payment does not interrupt,
4suspend, or otherwise extend the prescription period applicable to the claim.
5*       *  *
6Section 2. The provisions of R.S. 22:868(B)(2) as amended and reenacted by Section
7 1 of this Act shall become effective on January 1, 2027.
8Section 3. Section 2, the provisions of R.S. 22:868(B)(1) as amended and reenacted
9 by Section 1, and Section 3 of this Act shall become effective upon signature by the
10 governor or, if not signed by the governor, upon expiration of the time for bills to become
11 law without signature by the governor, as provided by Article III, Section 18 of the
12 Constitution of Louisiana. If vetoed by the governor and subsequently approved by the
13 legislature, this Act shall become effective on the day following such approval.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.