HB 440 Louisiana House · 2025 Regular Session

INSURANCE CLAIMS: Provides relative to a claimant's duty to mitigate damages with respect to the actions for recovery

HB 440, as amended, addresses insurance claims and the recovery process for claimants. The bill establishes new proceedings that specifically consider a claimant's failure to use their personal health insurance to mitigate damages. It also removes certain provisions related to subrogation concerning insurance payments. This legislation directly impacts individuals making insurance claims and the insurance companies involved in those claims.

Bill status passed 3 of 5 stages cleared

Introduction

Apr 2025

Committee Review

Apr 2025

House Passage

Apr 2025

Senate Passage

Governor

Introduced Apr 4, 2025 Last action Apr 29, 2025

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What changed between versions

HB440 Original → HB440 Engrossed · 5 edits · Apr 28, 2025

MODERATE

HB 440 was amended to tighten rules on how quickly injured parties must report accidents to insurers and to enforce the use of personal health insurance. The bill now requires reporting injuries within two years instead of three, and it creates a legal presumption that failing to use available health insurance means the injured party did not take reasonable steps to reduce their damages.

Scope change

The bill's scope was narrowed by shortening the reporting deadline and adding specific exemptions for medical malpractice and state service liability cases.

TIMELINE

The deadline for reporting injuries to an automobile liability insurer was reduced from three years to two years.

The new provisions will not apply to cases filed before January 1, 2026.

REQUIREMENT

A new rule establishes a rebuttable presumption that a claimant failed to mitigate damages if they did not use available health insurance to pay for medical expenses.

ENFORCEMENT

If the presumption of failing to mitigate damages is not successfully challenged, a judge can reduce the injured party's financial award by the amount their health insurance would have paid.

SCOPE

The bill now explicitly excludes medical malpractice claims and claims against state services from these new mitigation rules.

Floor votes · House Apr 28, 2025

How they voted

61–27

Passed · 13 other

Total votes 101

Apr 28, 2025

D Democratic30

23 Nay 7

76% Nay

R Republican71

61 Yea 4 Nay 6

85% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 28, 2025

Lower · Passed

Read third time by title, roll called on final passage, yeas 64, nays 27. Finally passed, title adopted, ordered to the Senate.

lower

Apr 16, 2025

Lower · Passed

Reported with amendments (11-7).

lower

Apr 14, 2025

Committee

Read by title, under the rules, referred to the Committee on Insurance.

lower

Apr 4, 2025

Committee

Under the rules, provisionally referred to the Committee on Insurance.

lower

1 primary · 26 co-sponsors