(The Center Square) − Though Gov. Jeff Landry signed six bills aiming to ease the cost of insurance in Louisiana, the Legislature has over two dozen left to pass and send to his desk.
Many of them include more tort reform. Others provide for dashboard camera tax credits, the authority of the commissioner of insurance, and eight bills attempt to create greater incentives for those wishing to acquire a fortified roof.
A survey cited by the Louisiana Legislative Auditor’s office showed that participants in the Louisiana Fortify Homes Program “were very satisfied and are very likely to recommend it to family and friends.”
Seven bills are expected to be considered on Tuesday in front of the Senate Judiciary Committee. Each make substantial changes to the state’s tort environment.
On Tuesday, Landry said that the bills he signed attempted to address the “culture of frivolous lawsuits.”
House Bill 440 by Rep. Chance Henry, R-Crowley, would shorten the time accident victims have to report injuries and introduce new rules about using health insurance for medical expenses. Damage awards could be reduced if plaintiffs don’t use available insurance without good cause. The bill passed committee 11-7, with every Democrat voting against.
“You can rebut the presumption if you show good cause that you had a good reason for not using health insurance, such as if a particular provider you wish to use is not in your health plan,” said Adam Patrick, legislative liaison for the Department of Insurance.
“I know what we’re trying to accomplish on one end, but I think we’re doing the opposite,” said Rep. Edmond Jordan, D-Baton Rouge.
HB435 by Rep. Peter Egan, R-Covington, would cap general damages – like emotional distress or pain and suffering – at $5 million per claimant. The bill prohibits judges from informing juries about the cap.
“Because these sorts of damages can’t be quantified, such as mental anguish, the amount that can be awarded to the claimant is nearly limitless,” Egan said.
HB427 by Rep. Dennis Bamburg, R-Bossier City, would create a “reversionary medical trust” for future care costs. The liable party would fund the trust, and a trustee – bound by fiduciary duties under Louisiana law – would oversee payments.
If the injured person dies, remaining funds would revert to the party who paid. Bamburg is an insurance agent with Allstate.
HB439 by Rep. Troy Hebert, R-Lafayette, would limit attorneys in personal injury cases to 10% of the first $15,000 recovered by a client.
HB438 by Rep. Gabe Firment, R-Pollock, would prohibit insurers from including “institutional advertising expenses” when setting rates. These are defined as advertising not aimed at acquiring specific customers or informing consumers. The bill has cleared both chambers and awaits Landry’s signature.
HB34 by Rep. Brian Glorioso, R-Slidell, would repeal current limits on what plaintiffs can recover for medical costs. It would let juries hear both the billed and paid amounts and allow expert testimony on what’s reasonable.
Rep. Matthew Willard, D-New Orleans, worried it won’t actually lower premiums.
“It will lower rates over time,” Glorioso said, though he acknowledged there’s no “silver bullet.”
HB224 by Rep. Jay Galle, R-Mandeville, would reduce the premium tax on vehicle insurance policies with over $6,000 in premiums – from $300 to $200 for every $10,000 in coverage.
