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 2017-11 granting the Commissioner temporary authority to suspend certain regulatory provisions of the insurance code.
“Emergency Rule 33 provides some essential consumer protections for insured individuals and business owners in our state who have been repairing and rebuilding in the aftermath of the August flood,” said Commissioner Donelon. “This rule comes on the heels of FEMA’s decision to grant my request for an extension to the National Flood Insurance Program Proof of Loss deadline until September 1. The emergency rule and NFIP extension will provide policyholders with some much-needed flexibility in the recovery process.”
Emergency Rule 33 continues the provisions of previously issued Emergency Rules 28, 30 and 32 which suspend 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 the catastrophic flooding.
The Emergency Rule includes the following provisions for the period August 12, 2016 through August 14, 2017:
The emergency rule applies to all insurers regarding all types 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. All of those parishes were included in the federal disaster declaration following the August 2016 flood events.
To view Emergency Rule 33, please visit the LDI website www.ldi.la.gov. If your property is located in one of the parishes indicated, was affected by the August 2016 flooding and you believe your insurance policy has been cancelled despite the provisions of Emergency Rules 28, 30, 32 and 33, please call the LDI at 1-800-259-5300.