Title 22, Insurance
0 chapters · 2,651 sections in this title.
La. Rev. Stat. § 22:1895 Homeowner's insurance; claims payments and settlements
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§1895. Homeowner's insurance; claims payments and settlements No payment of a claim on a homeowner's insurance policy shall be considered a final settlement if the insurer fails to provide the insured with a statement that accurately reflects the amount paid under each category o…
La. Rev. Stat. § 22:1896 Right to transparency and integrity in adjustment of property claims
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§1896. Right to transparency and integrity in adjustment of property claims A. An insurer of a residential or commercial property shall respond to all inquiries or requests from the insured within fourteen days of the inquiry or request, unless such time period to respond has bee…
La. Rev. Stat. § 22:1897 Adjuster communications
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§1897. Adjuster communications A. For a personal residential insurance claim that arises due to a named storm or hurricane for which a state of emergency or disaster is declared pursuant to R.S. 29:724, and the insurer within a six-month period assigns a third or subsequent claim…
La. Rev. Stat. § 22:1898 Catastrophe claim process disclosure form; rules and regulations
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§1898. Catastrophe claim process disclosure form; rules and regulations A. The commissioner shall promulgate all rules and regulations for a catastrophe claims process disclosure form that shall include but not be limited to the following: (1) An explanation of the claims process…
La. Rev. Stat. § 22:19 Duration of licenses
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§19. Duration of licenses All licenses issued to foreign or domestic insurers of any kind, including fraternal benefit societies, producers, and all other persons, shall remain in effect until cancelled, suspended, revoked, or the renewal thereof refused, provided all requirement…
La. Rev. Stat. § 22:1900 Redesignated as R.S
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§1900. Redesignated as R.S. 22:381 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:1901 Purpose; necessity for regulation
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§1901. Purpose; necessity for regulation This Part shall be liberally construed and applied to promote its underlying purposes which include: (1) Protecting persons seeking insurance in this state. (2) Permitting surplus lines insurance to be placed with reputable and financially…
La. Rev. Stat. § 22:1902 Transacting a business of insurance by unauthorized insurer defined
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§1902. Transacting a business of insurance by unauthorized insurer defined A. Any of the following acts in this state, effected by mail or otherwise, by an unauthorized insurer or by any person acting with actual or apparent authority of the insurer, on behalf of the insurer, is …
La. Rev. Stat. § 22:1903 Placement of insurance business; prohibitions and exclusions
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§1903. Placement of insurance business; prohibitions and exclusions A. An insurer shall not engage in the transaction of insurance unless authorized by a certificate of authority or otherwise is qualified pursuant to the laws of this state, or exempted by this Part or otherwise e…
La. Rev. Stat. § 22:1904 Insurance commissioner may institute legal proceedings against unauthorized insurer
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§1904. Insurance commissioner may institute legal proceedings against unauthorized insurer Whenever the commissioner of insurance believes, from evidence satisfactory to him, that any person or insurer is violating or about to violate any provision of this Part or any order or re…
La. Rev. Stat. § 22:1905 Domestic insurer prohibited from issuing policies in state where unauthorized; commissioner's approval required
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§1905. Domestic insurer prohibited from issuing policies in state where unauthorized; commissioner's approval required A. Subject to the exceptions set forth in Subsection C of this Section, no domestic insurer shall enter into a contract of insurance upon the life or person of a…
La. Rev. Stat. § 22:1906 Acting as agent for unauthorized insurer prohibited
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§1906. Acting as agent for unauthorized insurer prohibited A. No person shall act in this state as agent for any insurer not authorized to do business in this state. No person shall negotiate for or place or aid in placing insurance coverage or aid in effecting insurance or in tr…
La. Rev. Stat. § 22:1907 Transacting business; constitutes appointment of agent for service of process; workers' compensation claims agent
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§1907. Transacting business; constitutes appointment of agent for service of process; workers' compensation claims agent A. The transacting of business in this state by a foreign or alien insurer without a certificate of authority is equivalent to an appointment by such insurer o…
La. Rev. Stat. § 22:1908 Use of courts; prohibited to unauthorized insurer
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§1908. Use of courts; prohibited to unauthorized insurer No unauthorized insurer shall institute or file, or cause to be instituted or filed, any suit, action, or proceeding in this state to enforce any right, claim, or demand arising out of the transaction of business in this st…
La. Rev. Stat. § 22:1909 Requirements to be met before using courts
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§1909. Requirements to be met before using courts A. Before any unauthorized insurer shall file or cause to be filed any pleading in any action, suit, or proceeding instituted against it, such unauthorized insurer shall either (1) file with the clerk of the court in which such ac…
La. Rev. Stat. § 22:191 Definitions
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§191. Definitions For the purposes of this Subpart, the terms stated in this Section have the meanings assigned to them, respectively, unless the context otherwise requires: (1) "Nonprofit funeral service association" or "nonprofit association" means a corporation organized, inco…
La. Rev. Stat. § 22:191.1 Redesignated as R.S
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§191.1. Redesignated as R.S. 22:1792 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:1910 Validity of contracts illegally effectuated
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§1910. Validity of contracts illegally effectuated A contract of insurance effectuated by an unauthorized insurer in violation of the provisions of this Code shall be voidable except at the instance of the insurer. Acts 1958, No. 125; Redesignated from R.S. 22:1256 by Acts 2008, …
La. Rev. Stat. § 22:1911 Records of insureds
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§1911. Records of insureds Every person for whom insurance has been placed with an unauthorized insurer pursuant to or in violation of this Part shall, upon order of the commissioner of insurance, produce for his examination all policies and other documents evidencing the insuran…
La. Rev. Stat. § 22:1912 Redesignated as R.S
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§1912. Redesignated as R.S. 22:393 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:192 Incorporation and qualification of incorporators
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§192. Incorporation and qualification of incorporators A.(1) Five or more natural persons who are residents of this state of full age, or fully relieved by emancipation of all disabilities attaching to minority, may form a nonprofit corporation, under the provisions of this Subpa…
La. Rev. Stat. § 22:192.1 Redesignated as R.S
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§192.1. Redesignated as R.S. 22:1794 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:1921 Purpose and powers
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§1921. Purpose and powers A. The purpose of this Part is to create within the Department of Insurance an office of insurance fraud. This office shall be charged with the responsibility, when directed by the commissioner of insurance, to conduct investigations and background crimi…
La. Rev. Stat. § 22:1922 Additional powers and duties
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§1922. Additional powers and duties A. The office of insurance fraud shall have access to computer systems, information maintained for the use of law enforcement personnel, any information contained in the criminal history record and identification file of the Louisiana Bureau of…
La. Rev. Stat. § 22:1923 Definitions
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§1923. Definitions As used in this Part, the following terms have the meanings indicated in this Section: (1) "Claim" shall mean any request or demand for payment or benefit, whether paid or not, made by a person either in writing or filed electronically. (2) "Fraudulent insuranc…
La. Rev. Stat. § 22:1924 Prohibited activities and sanctions
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§1924. Prohibited activities and sanctions A.(1)(a) Any person who, with the intent to injure, defraud, or deceive any insurance company, or the Department of Insurance, or any insured or other party in interest, or any third-party claimant commits any of the acts specified in Pa…
La. Rev. Stat. § 22:1925 Automobile insurance policies
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§1925. Automobile insurance policies A.(1) Any person who with an intent to injure, defraud, or deceive any insurance company commits any of the acts specified in Paragraph (2) of this Subsection is guilty of a felony and shall be subjected to a term of imprisonment, with or with…
La. Rev. Stat. § 22:1926 Duties of companies and others
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§1926. Duties of companies and others A. Any person, company, or other legal entity including but not limited to those engaged in the business of insurance, including producers and adjusters, that suspects that a fraudulent insurance act will be, is being, or has been committed s…
La. Rev. Stat. § 22:1927 Materials and evidence
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§1927. Materials and evidence A. If matter that the division seeks to obtain by request is located outside the state, the person so requested may make it available to the division or its representative to examine at the place where it is located. The division may designate repres…
La. Rev. Stat. § 22:1928 Civil immunity
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§1928. Civil immunity A. No insurer, employees, or agents of any insurer, or any other person acting without malice, fraudulent intent, or bad faith, shall be subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature sha…
La. Rev. Stat. § 22:1929 Confidentiality of criminal background checks; civil penalties
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§1929. Confidentiality of criminal background checks; civil penalties A. Notwithstanding any other provision of law to the contrary, criminal background information in the possession of the office of insurance fraud of the Department of Insurance shall be confidential and shall n…
La. Rev. Stat. § 22:193 Articles of incorporation
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§193. Articles of incorporation A. Articles of incorporation shall be executed by authentic act signed by each of the incorporators, or by his agent duly authorized by authentic act, which authorization shall be attached to the articles of incorporation, and shall state: (1) The …
La. Rev. Stat. § 22:193.1 Redesignated as R.S
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§193.1. Redesignated as R.S. 22:1796 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:1931 Legislative findings; short title
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§1931. Legislative findings; short title A. The legislature finds that to protect the health, safety, and welfare of the citizens of this state, the attorney general of Louisiana and his assistants shall be agents of this state with the ability, authority, and resources to pursue…
La. Rev. Stat. § 22:1931.1 Definitions
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§1931.1. Definitions As used in this Part the following terms shall have the following meanings unless a different meaning is clearly required by context: (1) "Agent" means a person who is employed by or has a contractual relationship with another person or who acts on behalf of …
La. Rev. Stat. § 22:1931.10 Civil investigative demand
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§1931.10. Civil investigative demand A. If the attorney general has information, evidence, or reason to believe that any person or entity may be in possession, custody, or control of any documentary material or information relevant to an investigation for a possible violation of …
La. Rev. Stat. § 22:1931.11 Investigative deposition
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§1931.11. Investigative deposition A. When the attorney general has information, evidence, or reason to believe that a violation of this Part has occurred, the attorney general may issue an investigative subpoena for deposition testimony to any person or entity that may have info…
La. Rev. Stat. § 22:1931.12 Asset forfeiture
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§1931.12. Asset forfeiture A. In accordance with the provisions of Subsection B of this Section, the court may order the forfeiture of property to satisfy recovery pursuant to this Part under either of the following circumstances: (1) The court may order a person from whom recove…
La. Rev. Stat. § 22:1931.13 Repealed by Acts 2024, No
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§1931.13. Repealed by Acts 2024, No. 236, §1, eff. May 23, 2024.
La. Rev. Stat. § 22:1931.2 Prescription
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§1931.2. Prescription A. No action brought pursuant to this Part shall be instituted later than ten years after the date upon which the alleged violation occurred. For violations involving a scheme or course of conduct, no action pursuant to this Part shall be instituted more tha…
La. Rev. Stat. § 22:1931.3 Civil actions authorized
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§1931.3. Civil actions authorized A. No person shall knowingly commit any fraudulent insurance act as defined in R.S. 22:1923 or violate any provision of R.S. 22:1924. B. The attorney general may institute a civil action in the Nineteenth Judicial District Court for the parish of…
La. Rev. Stat. § 22:1931.4 Burden of proof; prima facie evidence; standard of review
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§1931.4. Burden of proof; prima facie evidence; standard of review A. The burden of proof in an action instituted pursuant to this Part shall be a preponderance of the evidence. B. Proof by a preponderance of the evidence of a violation of R.S. 22:1924 shall be deemed to exist if…
La. Rev. Stat. § 22:1931.5 Civil monetary penalty
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§1931.5. Civil monetary penalty In a civil action instituted in the Nineteenth Judicial District Court for the parish of East Baton Rouge pursuant to the provisions of this Part, the attorney general may seek a civil monetary penalty provided in R.S. 22:1931.6 from any of the fol…
La. Rev. Stat. § 22:1931.6 Recovery
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§1931.6. Recovery A.(1) Actual damages incurred as a result of a violation of the provisions of this Part shall be recovered only once by the insurer and shall not be waived by the court. (2) Except as provided in Paragraph (3) of this Subsection, actual damages shall equal the d…
La. Rev. Stat. § 22:1931.7 Waiver; extenuating circumstances
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§1931.7. Waiver; extenuating circumstances If a waiver is requested by the attorney general, the court may waive any recovery, except for actual damages, required to be imposed pursuant to the provisions of this Part provided all of the following extenuating circumstances are fou…
La. Rev. Stat. § 22:1931.8 Deposit of monies collected
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§1931.8. Deposit of monies collected NOTE: §1931.8 eff. until July 1, 2022. See Acts 2021, No. 114. All monies collected pursuant to this Part shall be dedicated to and deposited into the Insurance Fraud Investigation Fund pursuant to R.S. 40:1428(C). Forty percent of the monies …
La. Rev. Stat. § 22:1931.9 Assessment reduction or recalculation
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§1931.9. Assessment reduction or recalculation NOTE: §1931.9 eff. until July 1, 2022. See Acts 2021, No. 114. Except as provided in this Part, there shall be no reduction or recalculation in the Insurance Fraud Investigation Fund assessment allocation to the attorney general's of…
La. Rev. Stat. § 22:194 The corporate name
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§194. The corporate name A. The corporate name must end with the words "Funeral Association" or the words "Funeral Association Incorporated" or the words and abbreviation "Funeral Association, Inc." B. The corporate name shall not be the same as nor deceptively similar to the nam…
La. Rev. Stat. § 22:194.1 Redesignated as R.S
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§194.1. Redesignated as R.S. 22:1798 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:1941 Purpose of Part
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§1941. Purpose of Part The purpose of this Part is to subject certain insurers to the jurisdiction of the commissioner of this state and to the jurisdiction of the courts of this state in connection with fraudulent or false advertising of insurers not authorized to transact busin…