Title 22, Insurance
0 chapters · 2,651 sections in this title.
La. Rev. Stat. § 22:875 Intervening breach
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§875. Intervening breach If any breach of a warranty or condition in any insurance contract occurs prior to a loss under the contract, such breach shall not void the contract nor allow the insurer to avoid liability, unless the breach is material and exists at the time of the los…
La. Rev. Stat. § 22:876 Assignment of policies
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§876. Assignment of policies Subject to the terms of the policy relating to its assignment, life insurance policies, other than group life insurance policies, annuity, and health and accident policies providing benefits for accidental death, and under the terms of which the benef…
La. Rev. Stat. § 22:877 Payment discharges insurer
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§877. Payment discharges insurer Whenever the proceeds of, or payments under a life endowment or health and accident insurance policy or any annuity contract issued by a life insurance company become payable and the insurer makes payment thereof in accordance with the terms of th…
La. Rev. Stat. § 22:878 Forms for proof of loss furnished
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§878. Forms for proof of loss furnished Any insurer requiring completion of a proof of loss form shall provide such form to any person claiming to have a loss under any insurance contract; however, such insurer shall not, by reason of the requirement to provide forms, have any re…
La. Rev. Stat. § 22:879 Claim administration not waiver
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§879. Claim administration not waiver None of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer: (1) Acknowledgment of the receipt of notice of loss or claim under the policy. (2) …
La. Rev. Stat. § 22:88 Sales of stock
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§88. Sales of stock A.(1) All sales of stock as defined in this Section shall be made in accordance with the regulations contained in this Section. (2) When used in this Section, the following terms shall have the following respective meanings: (a)(i) "Security" as used in this S…
La. Rev. Stat. § 22:880 Validity of noncomplying forms
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§880. Validity of noncomplying forms Any insurance policy, rider, or endorsement hereafter issued and otherwise valid, which contains any condition or provision not in compliance with the requirements of this Code, shall not be rendered invalid, but shall be construed and applied…
La. Rev. Stat. § 22:881 Construction of policies
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§881. Construction of policies Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy, and as amplified, extended, or modified by any rider, endorsement, or application attached to or made a part of the policy.…
La. Rev. Stat. § 22:881.1 Discounts; disclosure requirements; renewals and prior premiums; homeowners' and
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§881.1. Discounts; disclosure requirements; renewals and prior premiums; homeowners' and motor vehicle policies A. Every insurer that writes homeowners' or private passenger motor vehicle insurance policies in this state shall, in writing that is not less than twelve-point font, …
La. Rev. Stat. § 22:882 Waiver of subrogation
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§882. Waiver of subrogation Under any policy of insurance which authorizes the insured to waive the right of recovery of the insured against any party prior to loss without additional premium, the insured shall also be entitled to waive in writing after loss without invalidating …
La. Rev. Stat. § 22:883 Stop-loss insurance coverage
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§883. Stop-loss insurance coverage A. Stop-loss coverage shall be defined as insurance covering the loss of an insured above a specific amount or a self-insurer for losses over a stated amount. B. Any insurer authorized to issue property and casualty or health and accident polici…
La. Rev. Stat. § 22:884 Incontestability after reinstatement
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§884. Incontestability after reinstatement The reinstatement of any policy of life or noncancellable disability insurance or contract of annuity delivered or issued for delivery in this state after 12:00 noon of October 1, 1948, shall be incontestable after the same period follow…
La. Rev. Stat. § 22:885 Cancellation by the insured; surrender
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§885. Cancellation by the insured; surrender A. Cancellation by the insured of any policy which by its terms may be cancelled at the insured's option or of any binder based on the policy shall be effected only by written notice thereof to the insurer. Nothing in this Subsection s…
La. Rev. Stat. § 22:886 Cancellation by the commissioner of insurance
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§886. Cancellation by the commissioner of insurance The commissioner of insurance may order the immediate cancellation of any policy the procuring or effectuation of which was accomplished through or accompanied by a violation of this Code, except in cases where the policy by its…
La. Rev. Stat. § 22:887 Cancellation by insurer; changes to homeowner's insurance policies
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§887. Cancellation by insurer; changes to homeowner's insurance policies A. Cancellation by the insurer of any policy which by its terms may be cancelled at the option of the insurer, or of any binder based on such policy, may be effected as to any interest only upon compliance w…
La. Rev. Stat. § 22:888 Cancellation by insurer; failure to maintain membership in required organization
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§888. Cancellation by insurer; failure to maintain membership in required organization A. An insurer may cancel any policy of insurance for failure to maintain membership in an organization if membership is a condition precedent to insurance coverage. B. Cancellation under this S…
La. Rev. Stat. § 22:889 Prohibited cancellation for nonpayment of premium
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§889. Prohibited cancellation for nonpayment of premium No insurer shall cancel any policy of insurance for nonpayment of premium to the insurer when the payment of such premium is made to the commissioner of insurance pursuant to the provisions of R.S. 22:2011. Acts 1989, No. 69…
La. Rev. Stat. § 22:89 Impairment of stock to be made good
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§89. Impairment of stock to be made good In the event the paid-in capital stock and initial minimum surplus required of any domestic stock insurer is impaired, the commissioner of insurance shall determine the amount of such impairment and issue a written requisition to the insur…
La. Rev. Stat. § 22:890 Certificates of insurance
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§890. Certificates of insurance A. For the purposes of this Section: (1) "Certificate" or "certificate of insurance" means any document, instrument, or record, including an electronic record, no matter how titled or described, which is prepared by an insurer or insurance producer…
La. Rev. Stat. § 22:9 Redesignated as R.S
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§9. Redesignated as R.S. 22:2161 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:90 Impairment removed by reduction of stock
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§90. Impairment removed by reduction of stock Should the sum of the impaired paid-in capital and minimum surplus be equal to or in excess of the minimum amount of the original paid-in capital and minimum surplus, as required in R.S. 22:81, the commissioner of insurance, in lieu o…
La. Rev. Stat. § 22:901 Insurable interest required; personal insurance; intentional acts exclusion
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§901. Insurable interest required; personal insurance; intentional acts exclusion A. Any individual of competent legal capacity may procure or effect an insurance contract upon his own life or body for the benefit of any person; however, no person shall procure or cause to be pro…
La. Rev. Stat. § 22:902 Statutory life insurance beneficiaries
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§902. Statutory life insurance beneficiaries Notwithstanding any other law or regulation to the contrary, any religious, educational, eleemosynary, charitable, or benevolent institution or undertaking may be named beneficiary in or owner of any policy of life insurance issued by …
La. Rev. Stat. § 22:903 Agent of life insurer not to be made agent of insured
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§903. Agent of life insurer not to be made agent of insured No life insurer shall provide in any application, policy or certificate of insurance that the person soliciting such insurance or any person who is engaged in the business of soliciting insurance for the insurer and whos…
La. Rev. Stat. § 22:904 Ante-dating of life insurance policies prohibited
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§904. Ante-dating of life insurance policies prohibited No insurer shall knowingly deliver or issue for delivery in this state any policy or contract of life insurance which purports to be issued or to take effect as of a date more than six months before the application was made,…
La. Rev. Stat. § 22:905 Written notice required before lapsing life policies
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§905. Written notice required before lapsing life policies A. No life insurer shall within one year after default in payment of any premium, installment, loan, or interest, declare forfeited or lapsed any policy issued or renewed, and not issued upon the payment of monthly or wee…
La. Rev. Stat. § 22:906 Mortality endowments prohibited
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§906. Mortality endowments prohibited A. No life insurer, including industrial, service, nonprofit funeral associations, and fraternal benefit societies, shall be permitted to issue policies, certificates, or contracts to policyholders or members stipulating for the establishment…
La. Rev. Stat. § 22:907 Benefits required by domiciliary state; Louisiana residents entitled to
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§907. Benefits required by domiciliary state; Louisiana residents entitled to Every policy of life insurance and every benefit contract issued by any alien or foreign insurer to an insured or beneficiary who is a citizen or resident of this state at the time the policy was issued…
La. Rev. Stat. § 22:908 Interest on life insurance benefits
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§908. Interest on life insurance benefits Interest on benefits of a life insurance policy shall begin to accrue twenty days from the date of receipt of due proof of death by the insurer. The rate of interest shall be calculated at the same rate paid on deposits with the insurer. …
La. Rev. Stat. § 22:909 Life insurance; prepayment of certain benefits
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§909. Life insurance; prepayment of certain benefits Rules and regulations concerning accelerated benefits relating to life insurance as provided in R.S. 22:47(1) shall be promulgated by the commissioner. Acts 1991, No. 909, §1; Acts 1999, No. 1312, §1, eff. July 12, 1999; Redesi…
La. Rev. Stat. § 22:91 Stockholders' meetings
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§91. Stockholders' meetings Domestic stock insurers shall hold at least one stockholders' meeting annually at a time and place, including by remote means, specified in the articles of incorporation or bylaws of the insurer. Each stockholder shall be entitled to vote each share of…
La. Rev. Stat. § 22:910 Life insurance and annuities; replacement
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§910. Life insurance and annuities; replacement Rules and regulations concerning replacement of life insurance and annuities as provided in R.S. 22:47(1) and (17) shall be promulgated by the commissioner. Acts 1999, No. 1312, §1, eff. July 12, 1999; Redesignated from R.S. 22:644.…
La. Rev. Stat. § 22:911 Payments of proceeds; simultaneous deaths
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§911. Payments of proceeds; simultaneous deaths Where the individual insured and the beneficiary designated in a life insurance policy or policy insuring against accidental death have died and there is not sufficient evidence that they have died otherwise than simultaneously, the…
La. Rev. Stat. § 22:911.1 Revocation upon divorce; beneficiary designation in life insurance and annuity
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§911.1. Revocation upon divorce; beneficiary designation in life insurance and annuity contracts A. In all policies of life or endowment insurance and in all annuity contracts, divorce revokes any revocable designation made by a divorced individual to the former spouse, provided …
La. Rev. Stat. § 22:912 Exemption of proceeds; life, endowment, annuity
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§912. Exemption of proceeds; life, endowment, annuity A.(1) The lawful beneficiary, assignee, or payee, including the insured's estate, of a life insurance policy or endowment policy, shall be entitled to the proceeds and avails of the policy against the creditors and representat…
La. Rev. Stat. § 22:913 Policies payable to estate; effect of renunciation
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§913. Policies payable to estate; effect of renunciation In all policies of life or endowment insurance and in all annuity contracts where the estate of the insured or annuitant is a beneficiary or payee, the widow, or heir, or heirs of the insured or annuitant decedent shall be …
La. Rev. Stat. § 22:914 Requirements of variable life and variable annuities
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§914. Requirements of variable life and variable annuities Except for R.S. 22:951(A)(1), (6), and (7) in the case of a variable annuity contract and R.S. 22:931(A)(1), (7), and (9), R.S. 22:933, 934, 935, and 936 in the case of an individual variable life insurance contract, and …
La. Rev. Stat. § 22:915 Donations inter vivos of life insurance policies; laws respecting form inapplicable
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§915. Donations inter vivos of life insurance policies; laws respecting form inapplicable A. Donations inter vivos of life insurance policies, and the naming of beneficiaries therein, whether revocably or irrevocably, are not governed by the provisions of the Revised Civil Code o…
La. Rev. Stat. § 22:916 Inapplicability to reinsurance
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§916. Inapplicability to reinsurance R.S. 22:931, 942, and 951 shall not apply to contracts of reinsurance. Acts 1958, No. 125; Redesignated from R.S. 22:181 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
La. Rev. Stat. § 22:917 Life insurance policy or annuity issued to fund a pre-need funeral contract
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§917. Life insurance policy or annuity issued to fund a pre-need funeral contract A. A funeral establishment or any entity involved in the marketing, preparation, or funding of a pre-need funeral contract shall not be designated as the owner of a life insurance policy or annuity …
La. Rev. Stat. § 22:918 Prohibited discrimination; genetic information derived from participation in genetic
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§918. Prohibited discrimination; genetic information derived from participation in genetic research or testing or clinical research; definitions A. As used in this Section, the following definitions apply: (1) "DNA" means deoxyribonucleic acid including mitochondrial DNA and comp…
La. Rev. Stat. § 22:919 Insurance producers; standards; sale of annuities; rulemaking
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§919. Insurance producers; standards; sale of annuities; rulemaking The commissioner shall promulgate and adopt rules, in accordance with the Administrative Procedure Act, to govern the standards which insurance producers shall follow in the sale of annuity products. Acts 2023, N…
La. Rev. Stat. § 22:92 Preferred stock
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§92. Preferred stock Notwithstanding any other law to the contrary, preferred stock or any other stock without voting rights may be authorized for issuance at any time in the future. Prior approval for the authorization of such stock shall be obtained from the commissioner and th…
La. Rev. Stat. § 22:93 Elections; officers and directors
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§93. Elections; officers and directors Election of officers and directors shall be made in the manner specified in the articles of incorporation or bylaws of the insurer provided that: (1) Each stockholder shall be entitled to one vote for each share standing in his name in the b…
La. Rev. Stat. § 22:931 Life insurance policies; standard provisions
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§931. Life insurance policies; standard provisions A. No policy of life insurance, except as stated in Subsection C of this Section, shall be delivered or issued for delivery in this state unless it contains in substance the following provision or provisions which, in the opinion…
La. Rev. Stat. § 22:932 Maximum rate of interest on policy loans
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§932. Maximum rate of interest on policy loans A. Each life insurance policy contract entered into on or after September 10, 1982, which provides for policy loans shall contain a provision concerning maximum policy loan interest rates as follows: (1) A provision permitting a maxi…
La. Rev. Stat. § 22:933 Automatic premium loans
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§933. Automatic premium loans Nothing in R.S. 22:935 or 936 shall be construed to prohibit any insurer from including in its policies a provision for automatic premium loans to prevent default in the payment of premiums. No such provision shall be effective in any policy delivere…
La. Rev. Stat. § 22:934 Policies to contain nonforfeiture benefits
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§934. Policies to contain nonforfeiture benefits Every life or endowment insurance policy, other than a term life policy for twenty years or less and an industrial life insurance policy with coverage of one thousand two hundred fifty dollars or less issued pursuant to R.S. 22:146…
La. Rev. Stat. § 22:935 Paid-up, extended insurance and cash value
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§935. Paid-up, extended insurance and cash value Every life or endowment insurance policy, other than a term life policy for twenty years or less and an industrial life insurance policy with coverage of one thousand two hundred fifty dollars or less, pursuant to the provisions of…
La. Rev. Stat. § 22:936 Standard nonforfeiture law for life insurance
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§936. Standard nonforfeiture law for life insurance A.(1) This Section shall be known as the "Standard Nonforfeiture Law for Life Insurance". In the case of policies issued on and after the effective date of this Section, as defined in Subsection L of this Section, no policy of l…