§1284.1. Motor vehicle insurance; consideration of lapse in coverage prohibited

            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) R.S. 32:861(A)(3) relative to surrendering the vehicle's license plate to the office of motor vehicles.

            (2) R.S. 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.