Louisiana Revised Statutes 22:1284.1 – A. No insurer shall increase the premium rate or increase or add a surcharge on any policy of motor vehicle insurance when such action is based solely on consideration of a lapse in
Terms Used In Louisiana Revised Statutes 22:1284.1
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Policy: means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state, or any binder based on such a policy, insuring a single individual or husband and wife resident of the same household, as named insured, and under which the insured vehicles therein designated are of the following types only:
(a) A private passenger vehicle that is not used as a public or livery conveyance for passengers, nor rented to others. See Louisiana Revised Statutes 22:1266
A. No insurer shall increase the premium rate or increase or add a surcharge on any policy of motor vehicle insurance when such action is based solely on consideration of a lapse in coverage, as defined in this Section.
B. As used in this Section, a “lapse in coverage” is that period during which the owner of a motor vehicle ceases to maintain liability coverage on a vehicle, as required by the Motor Vehicle Safety Responsibility Law, by complying with the requirements of either of the following:
(1) La. Rev. Stat. 32:861(A)(3) relative to surrendering the vehicle’s license plate to the office of motor vehicles.
(2) La. Rev. Stat. 32:861.1 relative to notifying the office of motor vehicles of service out-of-state in the uniformed services.
C. Any insurer who violates the provisions of this Section shall refund to the insured person the amount of premium paid in excess of the amount that would have been charged if the insurer had complied with this Section.
D. Notwithstanding any other provisions of law to the contrary, one or more lapses in coverage, as defined in this Section, shall not be the sole basis for an insurer’s denial of an application for a policy of motor vehicle insurance nor shall such lapse in coverage be considered by an insurer in determining the rates for such a policy. In addition, no insurer shall require that such coverage be provided by another insurer based solely upon such a lapse in coverage.
Acts 2010, No. 636, §1; Acts 2020, No. 52, §1.