In Louisiana, legal action can be taken for up to one year against an insurer for failure to pay health insurance claims after proof of loss was submitted.

• A. 2 years
• B. 3 years
• C. 4 years
• D. 1 year

Answer: (D)

In Louisiana, there is a one-year prescription to sue an insurer for failure to pay a health insurance claim once proof of loss has been submitted. This means once you file the claim and provide the required documentation showing the loss and amount due, you must file suit within one year if the insurer doesn’t pay. If you wait longer, the claim is prescribed and you lose the right to sue. This one-year rule is specific to health insurance claims after proof of loss, and it’s shorter than the general contract timelines that apply in other situations. For example, if you submitted proof of loss on January 1, 2024, you’d need to sue by January 1, 2025.