Louisiana Claims Compliance
Key regulatory requirements, correspondence deadlines, and mandated forms for Louisiana (LA).
Catastrophe-Specific Rules Apply
Louisiana has catastrophe-specific rules that may modify standard deadlines and require additional consumer notices during declared emergency periods. Check the Disclosures tab for details.
Quick Reference
Key Deadlines
Requirements
- Mandated Forms
- Catastrophe Rules
- Separate P&C / Life & Health
- Fraud Warning
- Depreciation Notice
- E-Delivery (yes)
Regulatory Authority
Louisiana Department of Insurance (LDI)
Phone: 1-800-259-5300 or (225) 342-5900; Website: www.ldi.la.gov; Address: P.O. Box 94214, Baton Rouge, LA 70804-9214 (Physical: 1702 N. Third Street, Baton Rouge, LA 70802)
Bad Faith: La. R.S. 22:1892; La. R.S. 22:1892.2
Lines of Business
Key Statutes
- La. R.S. 22:1892
- La. R.S. 22:1892.2
- La. R.S. 22:1896
Louisiana handles claims correspondence according to specific state regulations. Requirements vary depending on the line of business and specific claim circumstances.
Acknowledgment
Every claim must be acknowledged within 14 calendar days of receipt. The acknowledgment should identify the insurance policy and coverage at issue.
Denial
A written denial must be issued within a reasonable time. The denial must reference the specific policy provisions, conditions, or exclusions relied upon.
Statutory Language
Specific fraud warning required (La. Rev. Stat. Ann. § 22:1964).
LOB-Specific Requirements
Regulatory requirements for Louisiana, grouped by line of business. Select a chip to filter.
- SOL Notice In Denial Required
- YES (for unrepresented claimants, must provide written warning 30 days prior to expiration for first-party claims, per MDL-902-1)
- DOI Contact In Letters Required
- RECOMMENDED (market conduct standards expect clear communication regarding the consumer's right to appeal or file a complaint per MDL-902-1)
- Unfair Claims Practices Act Ref
- La. R.S. 22:1964(14)
- Prompt Payment Statute Ref
- La. R.S. 22:1892
- HO Specific Requirements
- Catastrophic losses: initiate loss adjustment within C30; payment within C60 after satisfactory proof of loss (La. R.S. 22:1892.2(A)(2)); 60-day written 'cure period notice' required before bad faith suit (La. R.S. 22:1892.2(C)(1))
- Catastrophe Provisions
- Initiate loss adjustment within C30 after notification of loss; transmit payment within C60 after receipt of satisfactory written proof of loss; 60-day written 'cure period notice' required before filing bad faith suit
- Depreciation Notice Required
- YES (written explanation of how depreciation was calculated is required per La. R.S. 22:1892)
- Proof Of Loss Requirements
- Insurers must provide necessary proof of loss forms to the claimant within C15 of a request (La. R.S. 22:1964(14)(o))
- Suit Limitation Period
- 2 years for bad faith penalties under catastrophic loss statute (La. R.S. 22:1892.2(B)(2)) and general tort claims against property
Louisiana Case Law
Published decisions that shape claim-handling and correspondence practice in Louisiana. Pair these with the statutory deadlines above.
- Case LawReservation of RightsWorkers' Comp
. URL: https://www.keanmiller.com/insights/blog/louisiana-law-blog/insurers-breach-not-a-waiver/
- Case LawStatus UpdatesCommercial Property
which penalized an insurer for its "failure to communicate the status of the claim... on a regular basis" .
- Case Law
Guillory v. Lee
2009
Bad FaithHomeowners; Louisiana Bag Co. v. Audubon Indem. (2008) ; Kelly v. State Farm (2015) ; Sher v. Lafayette (2008) ; Wegener v. Lafayette (2011) .
- Case LawBad FaithCommercial PropertyHomeowners
holding that a "firm settlement offer is unnecessary for an insured to sustain a cause of action against an insurer for a bad-faith failure-to-settle claim" .
- Case LawBad FaithHomeowners
; Kelly v. State Farm (2015) ; Sher v. Lafayette (2008) ; Wegener v. Lafayette (2011) .
- Case LawStatus UpdatesAutoCommercial Property
held that the statute prohibited the misrepresentation of any pertinent fact, even those unrelated to coverage . In McGee, the plaintiff's primary complaint was that the insurer "failed to communicate the status of Kelly's claim and settlement negotiations" .
Show 13 more cases
- Case LawStatus UpdatesHomeowners
the court clarified that "pertinent facts" refer strictly to factual information regarding the claim, the damages, or the policy. It does not penalize an insurer for failing to communicate legal theories or for taking a disputed legal position (such as applying a contested depreciation/betterment deduction) .
- Closing LettersGeneral Liability
illustrates the intense scrutiny applied to the documentation insurers use to deny and close claims . The plaintiff alleged that the denial letter itself constituted a misrepresentation of pertinent facts under § 22:1973 .
- Case LawStatus UpdatesAuto
In Roberie, an employee of the insured was involved in a collision that resulted in a fatality . The insurer, Southern Farm Bureau, received a compromise offer to settle the claims but failed to communicate this offer to the insured, choosing instead to proceed to trial to save money .
- Case LawBad FaithHomeowners
; Wegener v. Lafayette (2011) .
- Case LawStatus UpdatesGeneral Liability
formulated a multi-factor test . The court declared that the determination of good or bad faith involves weighing several factors, including:
- Case LawBad FaithDuty to DefendAutoCommercial PropertyProfessional Liability
that a first-party bad faith claim (including a claim for bad faith failure to settle/notify assigned by the insured to a third party) arises from the contractual relationship between the insurer and insured, and is therefore subject to a 10-year prescriptive period (statute of limitations), not a one-year tort prescriptive period .
- Case LawReservation of RightsHomeowners
- Case LawReservation of RightsHomeowners
noted that this waiver of noncoverage defenses is automatic and requires no showing of prejudice to the insured . This distinguishes Louisiana from jurisdictions that require the insured to prove they detrimentally relied on the insurer's actions.
- Case LawBad FaithHomeowners
KSBR Law, Insurance Bad Faith Law and Practice .
- Case LawBad FaithProfessional Liability
confirmed that mental anguish and emotional distress damages were available as general damages under the former § 1973, regardless of the insurer's specific intent . However, legal analysis of the 2024 repeal of § 1973 suggests that general damages for mental anguish may no longer be recoverable under the newly consolidated § 1892, which now specifies "proven economic damages" .
- Case LawBad FaithCommercial Auto
later clarified that if an insurance policy expressly restricts the filing period to two years, that contractual limitation is valid .
- Case LawBad FaithAutoCommercial Property
that if an insurance policy contains a valid clause limiting the time to file suit to two years (which is permissible under La. R.S. 22:868(B) for first-party claims), that contractual limitation will completely bar a bad faith suit filed after that two-year period .
- Status UpdatesCommercial Property
a commercial property insurer was found in bad faith specifically for ignoring an insured's emails requesting a status update on a fire loss claim over an 89-day period . The insurer's failure to maintain contact or ask pertinent questions during its investigation before unilaterally rescinding the policy violated the affirmative duties outlined in La. R.S. 22:1973 .
Historical court cases are for reference only and may be superseded, distinguished, or abrogated.
Applicable Letter Templates
No letter templates currently found for this jurisdiction.