Title 22, Insurance
0 chapters · 2,651 sections in this title.
La. Rev. Stat. § 22:833 Authorization of local taxes; penalties for nonpayment
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§833. Authorization of local taxes; penalties for nonpayment A. Any municipal or parochial corporation in the state shall have the right to impose a tax on any insurer engaged in the business of issuing any form of insurance policy or contract, which may now or hereafter be subje…
La. Rev. Stat. § 22:834 Local taxes; contracts for collection; confidentiality of records
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§834. Local taxes; contracts for collection; confidentiality of records A. The taxes authorized by the provisions of R.S. 22:833 and imposed by local ordinance may be collected by the Louisiana Municipal Advisory and Technical Services Bureau (LaMATS) if an agreement upon the ter…
La. Rev. Stat. § 22:835 Fire marshal tax; Louisiana Fire Marshal Fund
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§835. Fire marshal tax; Louisiana Fire Marshal Fund A. There is hereby levied an additional tax of one and one-fourth percent of the gross annual premium receipts from any business which insures property of any nature or description against loss or damage by fire, less return pre…
La. Rev. Stat. § 22:835.1 Camp Minden Fire Protection Fund
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§835.1. Camp Minden Fire Protection Fund A. There is hereby created in the state treasury, as a special fund, the Camp Minden Fire Protection Fund, hereinafter referred to as the "fund". Annually, the state treasurer shall transfer monies into the fund in accordance with the prov…
La. Rev. Stat. § 22:836 Retaliatory taxes and fees; insurance premium tax credits for retaliatory taxes paid by
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§836. Retaliatory taxes and fees; insurance premium tax credits for retaliatory taxes paid by certain domestic insurers A. When, by the laws of any other state, any taxes, fines, penalties, licenses, deposits, or other obligations or prohibitions, additional to or in excess of th…
La. Rev. Stat. § 22:837 Assessment on insurance premiums; method of collection; disbursement
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§837. Assessment on insurance premiums; method of collection; disbursement A. In addition to all other taxes and assessments, each insurer other than a life insurer shall be assessed and within sixty days after December thirty-first of each year shall pay to the commissioner of i…
La. Rev. Stat. § 22:838 Imposition of tax; exceptions
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§838. Imposition of tax; exceptions A. There is hereby levied an annual tax on each admitted insurer engaged in the business of issuing insurance policies, contracts, or obligations; issuing endowment policies; or similar forms of contract obligations in consideration of the paym…
La. Rev. Stat. § 22:839 Certain nonprofit mutual associations declared charitable institutions
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§839. Certain nonprofit mutual associations declared charitable institutions Any domestic nonprofit mutual association, the net earnings of which do not inure to the benefit of any individual, which is engaged exclusively in the business of furnishing hospital service, medical, o…
La. Rev. Stat. § 22:84 Payment for capital stock
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§84. Payment for capital stock A. Capital stock of any insurer shall be paid-in in cash within twelve months from the date of its charter, and no certificate of shares and no policies shall be issued by it until the whole paid-in capital and minimum surplus required and specified…
La. Rev. Stat. § 22:840 Fee; filing of charter and bylaws and annual affidavit; certificate
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§840. Fee; filing of charter and bylaws and annual affidavit; certificate Any association of the type described in R.S. 22:839 which desires to take advantage of the tax exemption granted therein shall pay an annual fee of two hundred fifty dollars to the commissioner of insuranc…
La. Rev. Stat. § 22:841 Policy provisions
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§841. Policy provisions No insurer which takes advantage of the provisions of R.S. 22:839 shall provide in any of its policies that the insured, or his dependents, covered under any policy issued by it shall be hospitalized in any particular kind or type of hospital or that any h…
La. Rev. Stat. § 22:842 Life, accident, health, or service insurance; health maintenance organizations;
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§842. Life, accident, health, or service insurance; health maintenance organizations; Medicaid-enrolled managed care organizations A.(1) Upon the business of issuing life, accident, health, or service insurance policies, or other forms of contracts or obligations covering such ri…
La. Rev. Stat. § 22:843 Tax base; computation in case of new business
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§843. Tax base; computation in case of new business The annual premiums referred to in this Part shall be the gross amount of direct premiums, excluding premiums on annuity contracts, for the preceding year less return premiums without any deductions for dividends paid or otherwi…
La. Rev. Stat. § 22:844 Tax for insurer commencing business after first of January; tax for insurer withdrawing
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§844. Tax for insurer commencing business after first of January; tax for insurer withdrawing A. Any insurer commencing business after the first of January of any year shall pay the minimum tax as provided in the preceding Sections of this Part for the privilege of doing business…
La. Rev. Stat. § 22:844.1 Redesignated as R.S
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§844.1. Redesignated as R.S. 22:585 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:844.2 Redesignated as R.S
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§844.2. Redesignated as R.S. 22:586 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:844.3 Redesignated as R.S
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§844.3. Redesignated as R.S. 22:587 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:845 Payment of tax
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§845. Payment of tax The taxes levied under the provisions of this Part shall be paid to the commissioner of insurance at Baton Rouge and shall be remitted on a quarterly basis. The amount of the taxes due on or before the fifteenth day of the month following the end of the quart…
La. Rev. Stat. § 22:846 Penalty on delinquent tax; revocation of authority to do business after thirty days' delinquency
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§846. Penalty on delinquent tax; revocation of authority to do business after thirty days' delinquency A. In case of any failure to make a report or to make payment of tax as required by this Chapter, a penalty of five percent if one to thirty days late, of ten percent if thirty-…
La. Rev. Stat. § 22:847 Redesignated as R.S
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§847. Redesignated as R.S. 22:590 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:848 Redesignated as R.S
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§848. Redesignated as R.S. 22:591 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:849 Redesignated as R.S
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§849. Redesignated as R.S. 22:592 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:85 Increase in capital stock
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§85. Increase in capital stock A. Any domestic stock insurer may increase the amount of its capital stock upon a vote of two-thirds of its board of directors, ratified by a vote of two-thirds of the stockholders voting, at a meeting called for that purpose, after a notice is publ…
La. Rev. Stat. § 22:850 Redesignated as R.S
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§850. Redesignated as R.S. 22:593 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:851 Scope of Chapter
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§851. Scope of Chapter A. The applicable provisions of this Chapter shall apply to insurance other than ocean marine and foreign trade insurances. This Chapter shall not apply to life insurance policies or annuities not issued for delivery in this state nor delivered in this stat…
La. Rev. Stat. § 22:852 Power to contract
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§852. Power to contract A. Any person of competent legal capacity may contract for insurance. B. A minor not less than fifteen years of age as at nearest birthday may, notwithstanding such minority, contract for life or health and accident insurance for his own benefit or for the…
La. Rev. Stat. § 22:853 Insurable interest required; property insurances
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§853. Insurable interest required; property insurances A. No contract of insurance on property or of any interest therein or arising therefrom shall be enforceable except for the benefit of persons having an insurable interest in the things insured. B. "Insurable interest" as use…
La. Rev. Stat. § 22:854 Interest of the insured
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§854. Interest of the insured A. When the name of a person intended to be insured is specified in the policy, such insurance can be applied only to his own proper interest. This Section shall not apply to life, annuity, or health and accident insurance. B. With regard to loss by …
La. Rev. Stat. § 22:855 Quoted premium shall include all charges; dollar amount required
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§855. Quoted premium shall include all charges; dollar amount required A. The premium quoted by the insurer shall be a specific dollar amount which shall be inclusive of all fees, charges, premiums, or other consideration charged for the insurance or for the procurement thereof, …
La. Rev. Stat. § 22:856 Application for insurance required
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§856. Application for insurance required No life, annuity, or health and accident insurance contract upon an individual, except a contract of group life insurance or of group or blanket health and accident insurance as defined in this Code, shall be made or effectuated unless at …
La. Rev. Stat. § 22:857 Application as evidence; life, annuity, or health and accident insurance
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§857. Application as evidence; life, annuity, or health and accident insurance A. No application for life, annuity, or health and accident insurance shall be admissible in evidence in any action relative to the policy or contract, unless a correct copy of the application was atta…
La. Rev. Stat. § 22:858 Application for insurance; medical records
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§858. Application for insurance; medical records Every insurer who requires from an applicant for insurance a written authorization to obtain medical records of the applicant shall furnish copies of the medical records received by the insurer to the applicant upon written request…
La. Rev. Stat. § 22:859 Alteration of application
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§859. Alteration of application A. Any application for insurance in writing by the applicant shall be altered solely by the applicant or by his written consent, except that insertions may be made by the insurer for administrative purposes only in such manner as to indicate clearl…
La. Rev. Stat. § 22:86 Dividends on stock
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§86. Dividends on stock No domestic stock insurer shall declare and pay any dividends to its stockholders unless its capital is fully paid in cash and is unimpaired and it has a surplus beyond its capital stock and the initial minimum surplus required and all other liabilities eq…
La. Rev. Stat. § 22:860 Warranties and misrepresentations in negotiation; applications
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§860. Warranties and misrepresentations in negotiation; applications A. Except as provided in Subsection B of this Section, R.S. 22:1314, and 1315, no oral or written misrepresentation or warranty made in the negotiation of an insurance contract, by the insured or in his behalf, …
La. Rev. Stat. § 22:861 Approval of forms
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§861. Approval of forms A.(1) No basic insurance policy form, other than fidelity or surety bond forms, or application form where written application is required and is to be attached to the policy, or be a part of the contract or printed life, annuity, or health and accident rid…
La. Rev. Stat. § 22:862 Grounds for disapproval
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§862. Grounds for disapproval The commissioner of insurance shall disapprove any such form of policy, application, rider, or endorsement, or withdraw any previous approval thereof, only: (1) If it is in any respect in violation of or does not comply with law. (2) If it does not c…
La. Rev. Stat. § 22:863 Standard provisions
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§863. Standard provisions A. Insurance contracts shall contain such standard provisions as are required by the applicable chapters of this Code pertaining to contracts of particular kinds of insurance. The commissioner of insurance may waive the required use of a particular stand…
La. Rev. Stat. § 22:864 Content of policies in general
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§864. Content of policies in general A. The written instrument, in which a contract of insurance is set forth, is the policy. B. A policy shall specify and conform to the following: (1) The names of the parties to the contract. The insurer's name and if not a life insurer, the ty…
La. Rev. Stat. § 22:865 Additional contents
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§865. Additional contents A policy may contain additional provisions, which are not inconsistent with this Code, and which are either: (1) Required to be inserted by the laws of the insurer's state of domicile. (2) Necessary, on account of the manner in which the insurer is const…
La. Rev. Stat. § 22:866 Articles of incorporation; bylaw provisions
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§866. Articles of incorporation; bylaw provisions No policy shall contain any provision purporting to make any portion of the articles of incorporation, bylaws, or other constituent document of the insurer a part of the contract unless such portion is set forth in full in the pol…
La. Rev. Stat. § 22:867 Must contain entire contract with exceptions
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§867. Must contain entire contract with exceptions A. No agreement in conflict with, modifying, or extending the coverage of any contract of insurance shall be valid unless it is in writing and physically made a part of the policy or other written evidence of insurance, or it is …
La. Rev. Stat. § 22:868 Limiting actions; jurisdiction; venue
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§868. Limiting actions; jurisdiction; venue A. No insurance contract delivered or issued for delivery in this state and covering subjects located, resident, or to be performed in this state, or any group health and accident policy insuring a resident of this state regardless of w…
La. Rev. Stat. § 22:869 Execution of policies
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§869. Execution of policies A. Every insurance contract shall be executed in the name of and on behalf of the insurer by its officer, employee, or representative duly authorized by the insurer. B. A facsimile signature of any such executing officer, employee, or representative ma…
La. Rev. Stat. § 22:87 Stock dividends
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§87. Stock dividends Stock dividends may be declared and paid in the manner specified in R.S. 22:85 except that publication of the notice and the payment in cash shall not be required. Acts 1958, No. 125; Redesignated from R.S. 22:75 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:870 Duration of binders
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§870. Duration of binders A "binder" is used to bind insurance temporarily pending the issuance of the policy. No binder shall be valid beyond the issuance of the policy as to which it was given. Acts 1958, No. 125. Amended by Acts 1979, No. 173, §1; Redesignated from R.S. 22:631…
La. Rev. Stat. § 22:871 Signature of producer
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§871. Signature of producer Every duly licensed producer who solicits information to be contained on any application for individual life or individual, family group, or association health and accident insurance shall affix his legal signature thereto. No such producer shall sign …
La. Rev. Stat. § 22:872 Underwriters' and combination policies
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§872. Underwriters' and combination policies A. Two or more authorized insurers may jointly issue, and shall be jointly and severally liable on, an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and such pol…
La. Rev. Stat. § 22:873 Delivery of policy
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§873. Delivery of policy A. Subject to the insurer's requirements as to payment of premium, every policy shall be delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance. Delivery may be by the United States Postal Service,…
La. Rev. Stat. § 22:874 Dividends payable to the real party
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§874. Dividends payable to the real party A. Unless otherwise specified in the policy, every insurer issuing participating policies, shall pay dividends, unused premium refunds or savings distributed on account of any such policy, only to the real party in interest entitled there…