Title 22, Insurance
0 chapters · 2,651 sections in this title.
La. Rev. Stat. § 22:418 Administrative rules
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§418. Administrative rules The commissioner may adopt rules to enforce and administer the requirements of this Subpart, according to the provisions of the Administrative Procedure Act. Acts 1986, No. 574, §2; Redesignated from R.S. 22:2058 by Acts 2008, No. 415, §1, eff. Jan. 1, …
La. Rev. Stat. § 22:419 Trust funds not insurance
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§419. Trust funds not insurance A trust fund established under this Subpart shall not be considered an insurance company or to be in the business of insurance, nor shall it be subject to regulation by the commissioner, except as provided for in this Subpart and in R.S. 22:977 and…
La. Rev. Stat. § 22:42 Public records; forms and methods; electronic signatures and filings; timely filing of
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§42. Public records; forms and methods; electronic signatures and filings; timely filing of papers A. Notwithstanding any other provision of law to the contrary, any public record maintained by the commissioner of insurance may be kept in any written, photographic, microfilm, or …
La. Rev. Stat. § 22:42.1 Confidentiality of information; exceptions
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§42.1. Confidentiality of information; exceptions A. Notwithstanding the provisions of Subsections B and C of this Section, the commissioner shall comply with the provisions of R.S. 22:43; however, no identifier listed in Subsection E of this Section of any of the following perso…
La. Rev. Stat. § 22:420 Creation of trust funds prohibited
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§420. Creation of trust funds prohibited No trust fund authorized by this Subpart may be established to operate in this state after twelve noon on October 1, 2010. Acts 2010, No. 415, §1, eff. June 21, 2010.
La. Rev. Stat. § 22:421 Redesignated as R.S
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§421. Redesignated as R.S. 22:1221 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:422 Redesignated as R.S
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§422. Redesignated as R.S. 22:1222 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:43 Complaints against persons and entities subject to the jurisdiction of the Department of Insurance; file by person or entity subject to jurisdiction; public information
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§43. Complaints against persons and entities subject to the jurisdiction of the Department of Insurance; file by person or entity subject to jurisdiction; public information A. The department shall file all complaints which it receives against a person or entity subject to the ju…
La. Rev. Stat. § 22:431 Purpose; necessity for regulation
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§431. Purpose; necessity for regulation This Subpart shall be liberally construed and applied to promote its underlying purposes which include: (1) Protecting persons seeking insurance in this state. (2) Facilitating the placement of surplus lines insurance with reputable and fin…
La. Rev. Stat. § 22:432 Surplus lines insurance; procurement
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§432. Surplus lines insurance; procurement Surplus lines insurance, as defined in R.S. 22:46, may be procured from a surplus lines insurer, as defined in R.S. 22:46, and shall be procured through a licensed surplus lines broker. It may be procured without regard to the availabili…
La. Rev. Stat. § 22:433 Endorsement of contract
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§433. Endorsement of contract A. Each surplus lines insurance policy or contract procured and delivered pursuant to this Subpart shall have the following notice: NOTICE This insurance policy is delivered as surplus lines coverage under the Louisiana Insurance Code. In the event o…
La. Rev. Stat. § 22:434 Surplus lines insurance valid
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§434. Surplus lines insurance valid Insurance contracts procured as surplus lines coverage in accordance with this Subpart shall be fully valid and enforceable as to all parties, and shall be given recognition in all matters and respects to the same effect as like contracts issue…
La. Rev. Stat. § 22:435 Solvency and eligibility requirements
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§435. Solvency and eligibility requirements A. A surplus lines broker shall place surplus lines insurance only with surplus lines insurers that are: (1) Financially sound. (2) Authorized in their domiciliary jurisdictions to write the type of insurance placed. B. A surplus lines …
La. Rev. Stat. § 22:436 Approved unauthorized insurers; list; requirements; removal
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§436. Approved unauthorized insurers; list; requirements; removal A. The commissioner of insurance shall maintain a list of approved unauthorized insurers from those eligible unauthorized insurers that apply for approval and satisfy the criteria established by the commissioner. P…
La. Rev. Stat. § 22:436.1 Domestic surplus lines insurer
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§436.1. Domestic surplus lines insurer A. The commissioner may designate a domestic insurer as a domestic surplus lines insurer upon its application, which shall include, as a minimum, an authorizing resolution of the board of directors and evidence to the commissioner's satisfac…
La. Rev. Stat. § 22:437 Records of surplus lines broker
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§437. Records of surplus lines broker A. Each licensed surplus lines broker shall keep a full and true record of each surplus line contract, procured by him including a copy of the daily report, if any, showing such of the following items as may be applicable: (1) Amount of the i…
La. Rev. Stat. § 22:438 Acknowledgment of applicant for insurance
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§438. Acknowledgment of applicant for insurance A. Any licensed surplus lines broker that procures a personal lines policy with a surplus lines insurer shall obtain from the applicant for insurance no later than the date of binding coverage, an acknowledgment on a standardized fo…
La. Rev. Stat. § 22:439 Tax on surplus lines and unauthorized insurance
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§439. Tax on surplus lines and unauthorized insurance A.(1) There shall be a tax of four and eighty-five one hundredths of one percent per annum on the gross premium without regard to the location of the covered property, risk, or exposure for all insurance placed through a Louis…
La. Rev. Stat. § 22:44 False or fraudulent material information
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§44. False or fraudulent material information A. It shall be unlawful for any person to intentionally and knowingly supply false or fraudulent material information pertaining to any document or statement required by the Department of Insurance. B. Whoever violates the provisions …
La. Rev. Stat. § 22:440 Penalty for failure to file report or remit tax
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§440. Penalty for failure to file report or remit tax A. In case of any failure to make a report required or to make payment of the tax imposed by R.S. 22:439, a penalty of ten percent of the amount of tax due shall be paid to the commissioner with the tax due. B. The commissione…
La. Rev. Stat. § 22:441 Suspension or revocation of licenses; surplus lines broker; fines
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§441. Suspension or revocation of licenses; surplus lines broker; fines A. The commissioner of insurance shall revoke any surplus lines broker's license: (1) If the broker fails to comply with R.S. 22:439 or to remit required taxes on surplus lines premiums as required by this Su…
La. Rev. Stat. § 22:442 Legal process against unauthorized insurer
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§442. Legal process against unauthorized insurer A. An unauthorized insurer shall be sued, upon any cause of action arising in this state under any contract issued by it as a surplus lines contract, pursuant to this Subpart, in the district court of the parish in which the cause …
La. Rev. Stat. § 22:443 Exemptions
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§443. Exemptions A. The provisions of R.S. 22:432 through 442, 444, and 1910 controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance or to the following insurances when so placed by licensed surplus lines brokers of this state, except that a…
La. Rev. Stat. § 22:444 Records of insureds
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§444. Records of insureds Every person for whom insurance has been placed with an unauthorized insurer pursuant to or in violation of this Subpart shall, upon the commissioner of insurance's order, produce for his examination all policies and other documents evidencing the insura…
La. Rev. Stat. § 22:445 Tontine funds; sales prohibited
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§445. Tontine funds; sales prohibited A. The sale by any person of tontine funds whereby any part of the principal or interest earned on individual contributions is to be used for the benefit of other contributors is hereby prohibited. B. Nothing herein contained shall in any way…
La. Rev. Stat. § 22:446 Surplus lines insurance; exemption from form and rate filing and approval
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§446. Surplus lines insurance; exemption from form and rate filing and approval A. The commissioner shall not require surplus lines insurers to file or seek approval of their forms and rates for property and casualty insurance except as provided in R.S. 22:1456(B)(2) relative to …
La. Rev. Stat. § 22:447 Redesignated as R.S
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§447. Redesignated as R.S. 22:176 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:448 Redesignated as R.S
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§448. Redesignated as R.S. 22:177 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:449 Redesignated as R.S
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§449. Redesignated as R.S. 22:178 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:45 Attorney general; writ of mandamus
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§45. Attorney general; writ of mandamus A. In any matter involving the enforcement of the provisions of this Title in which the attorney general deems that the commissioner of insurance is acting improperly, or failing to act in a manner requiring action, he may petition the 19th…
La. Rev. Stat. § 22:450 Redesignated as R.S
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§450. Redesignated as R.S. 22:179 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:451 Scope of provisions
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§451. Scope of provisions A. This Subpart shall be applicable to and shall regulate self-insurers and self-insurance plans, as defined in this Subpart, which are subject to jurisdiction of the commissioner of insurance under this Title. This Subpart shall not be applicable to any…
La. Rev. Stat. § 22:452 Definitions
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§452. Definitions For purposes of this Subpart, unless the context clearly indicates otherwise, the following terms shall have the meanings ascribed to them: (1)(a) "Self-insurance plan" means any contract, plan, trust, arrangement, or other agreement which is established or main…
La. Rev. Stat. § 22:453 Certificate of authority
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§453. Certificate of authority A. It is unlawful for any self-insurer to transact business or to issue or provide health care benefits under or pursuant to a self-insurance plan in this state without a certificate of authority issued by the commissioner of insurance. Any self-ins…
La. Rev. Stat. § 22:454 Insolvency deposit
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§454. Insolvency deposit A. All self-insurers shall, before receiving a certificate of authority, deposit with the commissioner a safekeeping or trust receipt from a bank doing business within the state or from a savings and loan association chartered to do business in this state…
La. Rev. Stat. § 22:455 Administrators; license
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§455. Administrators; license An administrator of a self-insurance plan shall be licensed as a life and health insurance producer and shall be subject to all laws and regulations governing life and health insurance producers as set forth in R.S. 22:1541 through 1554 and 1556 thro…
La. Rev. Stat. § 22:456 Producers; appointment
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§456. Producers; appointment A. Any self-insurer who has been issued a certificate of authority pursuant to this Subpart may contract with and appoint as its representatives in this state, as its producer or producers, any person or persons licensed as a producer for the line of …
La. Rev. Stat. § 22:457 Producers; acting for unauthorized self-insurer prohibited
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§457. Producers; acting for unauthorized self-insurer prohibited A. No natural or juridical person shall, within this state, solicit, procure, receive, or forward applications for coverage under any self-insurance plan or issue or deliver policies, certificates, schedules of bene…
La. Rev. Stat. § 22:458 Self-insured trusts
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§458. Self-insured trusts The following requirements shall be met in addition to all other provisions of this Subpart where any self-insurance plan is effected, maintained, and operated under a trust agreement: (1) A self-insurer shall maintain at all times unimpaired net assets …
La. Rev. Stat. § 22:458.1 Association-sponsored self-insured trust
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§458.1. Association-sponsored self-insured trust A. A trade or professional association that effects, maintains, and operates a self-insured trust for the benefit of its members and their employees, meets all the requirements of this Section, and complies with all other provision…
La. Rev. Stat. § 22:459 Excess stop-loss coverage
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§459. Excess stop-loss coverage A. Each self-insurance plan shall include aggregate excess stop-loss coverage and specific excess stop-loss coverage provided by an insurer licensed by the state of Louisiana. Aggregate excess stop-loss coverage shall include provisions to cover in…
La. Rev. Stat. § 22:46 General definitions
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§46. General definitions In this Code, unless the context requires, the following definitions apply: (1) "Alien insurer" is one formed under the laws of any country other than the United States. (2) "Approved unauthorized insurer" means an insurer without a certificate of authori…
La. Rev. Stat. § 22:460 Disclosures
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§460. Disclosures A. No contract, certificate, policy, schedule of benefits, or other evidence or agreement of insurance shall be delivered or issued for delivery in this state under any self-insurance plan unless there is prominently printed on the front thereof in ten-point typ…
La. Rev. Stat. § 22:461 Annual audit
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§461. Annual audit A. Each self-insurer shall cause to be conducted an annual audit by a licensed independent certified public accountant of its financial statements reporting the financial condition and results of operations of the self-insurer. B. This Section shall apply to al…
La. Rev. Stat. § 22:462 Examination by commissioner
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§462. Examination by commissioner A. The commissioner of insurance shall make an annual examination of each self-insurer for the initial three-year period during which the self-insurer transacts business in this state. Thereinafter, the commissioner shall make an examination of e…
La. Rev. Stat. § 22:463 Annual reports; actuarial opinions
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§463. Annual reports; actuarial opinions A. Any plan established or maintained in the state to offer or provide health care services, indemnification, or payment for health care services, or health and accident benefits to employees under the provisions of the Employee Retirement…
La. Rev. Stat. § 22:464 Dissolution
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§464. Dissolution A. A self-insurer that desires to dissolve a self-insurance plan shall apply to the commissioner for authority to dissolve. Applications to dissolve shall be on forms prescribed by the commissioner and shall be approved or disapproved by the commissioner within …
La. Rev. Stat. § 22:465 Insolvency of plan
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§465. Insolvency of plan When the commissioner, after examination or review of the audit statement required under R.S. 22:463, finds that a self-insurance plan is nearing an insolvent condition or is insolvent, he may issue such orders as he deems necessary to rehabilitate the pl…
La. Rev. Stat. § 22:466 Transaction of business
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§466. Transaction of business A. No self-insurer shall transact business in this state or shall issue or provide any coverage for health and accident benefits under any self-insurance plan until it has complied with all applicable requirements of this Subpart and of any other app…
La. Rev. Stat. § 22:467 Duties of commissioner; rules and regulations
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§467. Duties of commissioner; rules and regulations The commissioner shall promulgate such rules and regulations in accordance with the Administrative Procedure Act as are necessary to effectuate the provisions and purposes of this Subpart. Acts 1990, No. 902, §1; Redesignated fr…