Louisiana lawmakers are reviewing House Bill 258, which adds a financial penalty for insurers that raise auto insurance rates solely because a policyholder turns 65.
The bill reinforces existing law and introduces a fine of up to $10,000 per violation.
The American Property Casualty Insurance Association opposes the bill. It argues the measure repeats current rules already in place.
Insurers are already prohibited from increasing premiums solely on the grounds that a policyholder is 65, and insurers are subject to fines and penalties for market conduct violations.
Hilary Segura, vice president of state government relations at the APCIA
Public hearings on reducing auto insurance costs have continued since late 2024. Insurance Commissioner Tim Temple has named this issue a top priority for 2025. He said legislative changes may be needed.
In 2020, Louisiana passed tort reform focused on auto insurance. Temple said the changes were diluted during negotiations with former Governor John Bel Edwards. He noted courts have not fully tested the law’s effect.
This time the difference is that we’ve gone another four years. We have costs that continued to climb. People and businesses are at that breaking point where it’s just not working anymore.
Insurance Commissioner Tim Temple
Louisiana lawmakers are reviewing how state laws affect jury trials in personal injury cases, with attention on a statute that prevents juries from seeing actual medical costs.
The review comes as residents continue to face some of the highest auto insurance premiums in the country. Five legislative committees met to study the issue, and a special session on insurance may occur next year.
§2800.27 – Recoverable Past Medical Expenses; Collateral Sources; Limitations; Evidence
This statute limits how much a claimant can recover for past medical expenses in personal injury cases.
If a health insurer or Medicare paid a contracted provider, recovery is restricted to the actual amount paid and any out-of-pocket cost sharing by the claimant—not the billed amount.
Additionally, the claimant may recover 40% of the difference between the billed and paid amounts, accounting for costs like attorney fees and insurance premiums, unless the defendant proves this would be unreasonable.
For Medicaid-paid services, recovery is limited to what Medicaid actually paid and cost sharing. For all other cases, recovery is limited to what was paid or remains owed by or on behalf of the claimant. In workers’ compensation cases, recovery aligns with the state’s fee schedule.
At trial, juries are only shown billed amounts. Courts consider the actual paid amounts and limitations only after a jury verdict. These rules do not apply to medical malpractice cases under specific Louisiana statutes.
