BATON ROUGE: Insurance Commissioner Jim Donelon is announcing the issuance of an Emergency Rule which extends protections for policyholders impacted by the August flooding. The action taken by Commissioner Donelon was authorized by Governor John Bel Edwards’ Executive Order 2017-04 granting the Commissioner temporary authority to suspend certain regulatory provisions of the insurance code.
“Emergency Rule 32 extends some necessary protections for insured individuals and business owners in Louisiana who have been working to rebuild in the aftermath of the August flood.” said Commissioner Donelon. “Following FEMA’s extension for impacted homeowners to file National Flood Insurance Program Proof of Loss forms, we wanted to align our consumer protections so that policyholders had similar flexibility when it came to their property insurance.”
Emergency Rule 32 continues the provisions of previously issued Emergency Rules 28 and 30 which suspends the ability of insurers to cancel or terminate policies due to the inability of policyholders in federal declared disaster areas to comply with certain policy provisions during the state of emergency. For example, some policies might require habitation or occupancy of dwellings or similar provisions that are not reasonably feasible to comply with following this catastrophe.
The Emergency Rule includes the following provisions for the period August 12, 2016 through May 10, 2016:
The emergency rule applies to all insurers regarding all type of homeowners and/or residential property insurance, commercial insurance, fire and extended coverage insurance, credit property and casualty insurance, property and casualty insurance and surplus lines insurance.
The Emergency Rule applies to insureds living in Acadia, Ascension, Assumption, Avoyelles, Cameron, East Baton Rouge, East Feliciana, Evangeline, Iberia, Iberville, Jefferson Davis, Lafayette, Livingston, Pointe Coupee, St. Charles, St. Helena, St. James, St. John the Baptist, St. Landry, St. Martin, St. Tammany, Tangipahoa, Vermilion, Washington, West Baton Rouge and West Feliciana.
The Emergency Rule does not apply to policyholders who live in areas outside of the parishes included in the federal disaster declaration.
To view Emergency Rule 32, please visit the LDI website www.ldi.la.gov. If your property is located in one the parishes indicated, was affected by the August 2016 flooding and you believe your insurance policy has been cancelled against the provisions of Emergency Rules 28, 30 and 32, please call the LDI at 1-800-259-5300.