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0 chapters · 1,747 sections in this title.
La. Rev. Stat. § 22:1782.1 Definitions
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§1782.1. Definitions As used in this Part, the following terms shall have the following meanings: (1) "Limited lines travel insurance producer" means any of the following: (a) Licensed managing general underwriter. (b) Licensed managing general agent or third party administrator.…
La. Rev. Stat. § 22:1782.2 Requirements for sale of limited lines travel insurance
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§1782.2. Requirements for sale of limited lines travel insurance A. Notwithstanding any other provision of law to the contrary, the commissioner may issue to an individual or business entity that has filed with the commissioner an application for such limited license in a form an…
La. Rev. Stat. § 22:1782.3 Compensation
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§1782.3. Compensation Notwithstanding any other provision of law to the contrary, a travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the…
La. Rev. Stat. § 22:179 Subscribers' account
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§179. Subscribers' account The attorney-in-fact, in addition to the books of account of the reciprocal, shall keep and maintain a separate account for each individual subscriber, setting forth therein the date or periods of the subscriber's participation in the exchange of insura…
La. Rev. Stat. § 22:1791 Definitions
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§1791. Definitions As used in this Part: (1) "Advertising" means any written, electronic, or printed communication or any communication by means of recorded telephone messages or transmitted on radio, television, the internet, or similar communications media, including film strip…
La. Rev. Stat. § 22:1792 License requirements
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§1792. License requirements A.(1) A person shall not operate as a viatical settlement provider or viatical settlement broker without first obtaining a license from the commissioner of the state of residence of the viator. However, any person who holds a resident or nonresident in…
La. Rev. Stat. § 22:1793 License revocation and denial
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§1793. License revocation and denial A. The commissioner may refuse to issue, suspend, revoke, or refuse to renew the license of a viatical settlement provider, viatical settlement broker, or viatical settlement investment agent if the commissioner finds that: (1) There was any m…
La. Rev. Stat. § 22:1794 Approval of viatical settlement contracts and disclosure statements
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§1794. Approval of viatical settlement contracts and disclosure statements A person shall not use a viatical settlement contract or provide to a viator a disclosure statement form or use any advertising material in this state unless filed with and approved by the commissioner. Th…
La. Rev. Stat. § 22:1795 Reporting requirements and privacy
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§1795. Reporting requirements and privacy A. Each person acting as a viatical settlement broker, viatical settlement provider, or viatical settlement investment agent, including but not limited to licensed insurance producers acting as viatical settlement brokers pursuant to the …
La. Rev. Stat. § 22:1796 Examination and investigations
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§1796. Examination and investigations A. Authority, scope, and scheduling of examinations. (1) The commissioner may conduct an examination under this Part of a licensee as often as the commissioner in his or her sole discretion deems appropriate. (2) For purposes of completing an…
La. Rev. Stat. § 22:1797 Disclosure
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§1797. Disclosure A. With each application for a viatical settlement, a viatical settlement provider or viatical settlement broker shall provide the viator with at least the following disclosures no later than the time the application for the viatical settlement contract is signe…
La. Rev. Stat. § 22:1798 General rules
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§1798. General rules A.(1) A viatical settlement provider entering into a viatical settlement contract shall first obtain: (a) If the viator is the insured, a written statement from a licensed attending physician that the viator is of sound mind and under no constraint or undue i…
La. Rev. Stat. § 22:1799 Prohibited practices
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§1799. Prohibited practices A. It is a violation of this Part for any person to enter into a viatical settlement contract at any time prior to the application for or issuance of a life insurance policy or certificate which is the subject of a viatical settlement contract or for a…
La. Rev. Stat. § 22:18 Suspension or revocation of insurers' licenses; fines; orders
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§18. Suspension or revocation of insurers' licenses; fines; orders A. The commissioner of insurance may, as a penalty, in accordance with R.S. 49:977.3, refuse to renew, or may suspend or revoke, the certificate of authority or license of any insurer, person, or entity violating …
La. Rev. Stat. § 22:180 Annual statements
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§180. Annual statements The annual statement of a reciprocal insurer shall be made and filed by the attorney-in-fact. Acts 1958, No. 125; Redesignated from R.S. 22:451 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009. NOTE: Former R.S. 22:180 redesignated as R.S. 22:903 by Acts 2008,…
La. Rev. Stat. § 22:1800 Advertising for viatical settlements and viatical settlements purchase agreements
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§1800. Advertising for viatical settlements and viatical settlements purchase agreements A. The purpose of this Section is to provide prospective viators and viatical settlement purchasers with clear and unambiguous statements in the advertisement of viatical settlements and to a…
La. Rev. Stat. § 22:1801 Fraud prevention and control
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§1801. Fraud prevention and control A. Fraudulent viatical settlement acts, interference, and participation of convicted felons prohibited. (1) A person shall not commit a fraudulent viatical settlement act. (2) A person shall not knowingly or intentionally interfere with the enf…
La. Rev. Stat. § 22:1802 Injunctions; civil remedies; cease and desist
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§1802. Injunctions; civil remedies; cease and desist A. In addition to the penalties and other enforcement provisions of this Part, if any person violates this Part or any regulation implementing this Part, the commissioner may seek an injunction in a court of competent jurisdict…
La. Rev. Stat. § 22:1803 Unfair trade practices
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§1803. Unfair trade practices A violation of this Part shall be considered an unfair trade practice under Part Part IV of Chapter 7 of this Title subject to the penalties contained in that Part. Acts 2003, No. 343, §1; Redesignated from R.S. 22:199 by Acts 2008, No. 415, §1, eff.…
La. Rev. Stat. § 22:1804 Authority to adopt regulations
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§1804. Authority to adopt regulations The commissioner shall have the authority to: (1) Adopt regulations implementing this Part in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.; (2) Establish standards for evaluating reasonableness of payments under viati…
La. Rev. Stat. § 22:1805 Applicability
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§1805. Applicability Nothing in this Part preempts or otherwise limits the provisions of R.S. 6:101 et seq. or R.S. 51:701 et seq. or any regulations, orders, policy statements, notices, bulletins, or other interpretations issued by or through the commissioner of financial instit…
La. Rev. Stat. § 22:1807.1 Registration required
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§1807.1. Registration required A. A person shall not act as, or hold himself out to be, an appraiser in accordance with the provisions of R.S. 22:1311, 1892, or any policy of property insurance covering immovables unless such person is registered with the commissioner as an appra…
La. Rev. Stat. § 22:1807.11 Definitions
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§1807.11. Definitions The following definitions apply to this Subpart: (1) "Appraiser" means a person who is qualified to be an appraiser pursuant to the provisions of R.S. 22:1807.14 and selected by an insurer or a claimant to participate in the appraisal process. (2) "Claimant"…
La. Rev. Stat. § 22:1807.12 Applicability
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§1807.12. Applicability A. The provisions of this Subpart provide for the appraisal process if all of the following apply: (1) An insurer has accepted coverage for a claim, in full or in part. (2) The claimant and insurer have a dispute as to the amount of loss that the insurer w…
La. Rev. Stat. § 22:1807.13 Appraisal process
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§1807.13. Appraisal process A. Upon a demand for appraisal, the insurer and the claimant shall each select an appraiser who is independent and qualified pursuant to R.S. 22:1807.14. B.(1) If the appraisers are unable to agree on the amount of loss, they shall select an umpire who…
La. Rev. Stat. § 22:1807.14 Appraiser qualifications; conflicts of interest
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§1807.14. Appraiser qualifications; conflicts of interest A. To qualify as an appraiser, a person shall meet all of the following criteria: (1) Have at least three years of experience in the profession in which the person is licensed. (2) Have experience or training in estimating…
La. Rev. Stat. § 22:1807.15 Appraiser registration; revocation
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§1807.15. Appraiser registration; revocation A. An appraiser shall meet the qualifications in R.S. 22:1807.14 and register by filing with the commissioner all of the following information: (1) Contact information. (2) Training and experience in the profession in which the apprais…
La. Rev. Stat. § 22:1807.16 Appraiser obligations
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§1807.16. Appraiser obligations A. An appraiser shall disclose to the parties any potential conflicts of interest, provided for in R.S. 22:1807.14, no later than five days after hiring by a party and before beginning work on an appraisal. B. After accepting responsibility for an …
La. Rev. Stat. § 22:1807.17 Umpire qualifications; conflicts of interest
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§1807.17. Umpire qualifications; conflicts of interest A. To qualify as an umpire, a person shall meet all of the following requirements: (1) Be either of the following: (a) An appraiser qualified pursuant to R.S. 22:1807.14. (b) An attorney licensed in this state with experience…
La. Rev. Stat. § 22:1807.18 Umpire registration; revocation
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§1807.18. Umpire registration; revocation A. An umpire shall meet the qualifications in R.S. 22:1807.17, and any potential umpire electing to be included in the commissioner's umpire list pursuant to Subsection B of this Section shall register by filing with the commissioner all …
La. Rev. Stat. § 22:1807.19 Umpire selection
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§1807.19. Umpire selection A.(1) The provisions of this Section apply if the appraisers are unable to agree on an umpire and a party requests a judge to select an umpire. (2) A judge selecting an umpire shall select an umpire qualified pursuant to R.S. 22:1807.17. B. The provisio…
La. Rev. Stat. § 22:1807.2 Rules and regulations
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§1807.2. Rules and regulations The commissioner may adopt regulations, in accordance with the Administrative Procedure Act, to effectuate the requirements of this Part. Acts 2012, No. 96, §1; Acts 2024, No. 625, §1.
La. Rev. Stat. § 22:1807.20 Umpire obligations
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§1807.20. Umpire obligations A.(1) The umpire shall disclose any disqualifying conflicts of interest provided for in R.S. 22:1807.17 to both parties within five days after hiring by a party and before beginning any work. (2) The umpire shall recuse himself from an appraisal for w…
La. Rev. Stat. § 22:1807.21 Additional obligations for commissioner-selected umpires
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§1807.21. Additional obligations for commissioner-selected umpires All of the following obligations apply to an umpire selected by the commissioner: (1) No later than seven days after receiving notice of selection for an appraisal, the umpire shall send a written notice to the pa…
La. Rev. Stat. § 22:1807.22 Prohibited communications
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§1807.22. Prohibited communications A. All of the following provisions apply after an umpire's selection and before the appraisal process ends: (1) The umpire shall not communicate separately with either party or either party's appraiser regarding the pending appraisal unless the…
La. Rev. Stat. § 22:1807.23 Costs
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§1807.23. Costs A. Each party is responsible for and shall pay the following: (1) His own appraiser fees and expenses. (2) Half of the reasonable and necessary costs incurred for an umpire's fee and expenses. (3) Half of any reasonable and necessary costs incurred to conduct the …
La. Rev. Stat. § 22:1807.24 Extensions of deadlines
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§1807.24. Extensions of deadlines A. The commissioner may extend any deadline provided in this Subpart for reasonable cause, except the deadline for the umpire to notify the parties that the umpire is insured by the insurer. B. To request the commissioner to extend a deadline, a …
La. Rev. Stat. § 22:1807.25 Requests and submissions to the commissioner
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§1807.25. Requests and submissions to the commissioner A. A party, appraiser, or umpire submitting notices, requests, or other items to the commissioner pursuant to this Subpart shall hand deliver, mail, or send in a manner that is otherwise acceptable to the commissioner. B. For…
La. Rev. Stat. § 22:1807.26 Objections
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§1807.26. Objections A.(1) A party or appraiser may object to an umpire for good cause no later than ten days after the party or appraiser receives the selection panel. (2) A party or appraiser may object to an umpire for good cause, no later than thirty days after the appraisal …
La. Rev. Stat. § 22:1807.27 Payment of an appraisal award
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§1807.27. Payment of an appraisal award A. If an appraisal award made pursuant to the provisions of this Subpart is not paid by the insurer within thirty days of the award amount being submitted to the insurer in a signed writing, the award amount may be considered as evidence bu…
La. Rev. Stat. § 22:1807.3 Enforcement
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§1807.3. Enforcement A. The commissioner may take any actions necessary or appropriate to enforce the provisions of this Part and the commissioner's regulations. The commissioner may order a person to cease and desist from committing violations of this Part or the commissioner's …
La. Rev. Stat. § 22:1808.1 License required
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§1808.1. License required A. No person shall act as, or hold himself out to be, an insurance consultant unless licensed by the Department of Insurance. B.(1) "Insurance consultant" means any person or entity which offers for a fee or other valuable consideration any advice, couns…
La. Rev. Stat. § 22:1808.10 Reciprocity; non-reciprocal states or other jurisdictions
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§1808.10. Reciprocity; non-reciprocal states or other jurisdictions A. The commissioner of insurance shall waive any requirements for a nonresident license applicant with a valid license from his home state, except the requirements imposed by R.S. 22:1808.5, if the applicant's ho…
La. Rev. Stat. § 22:1808.11 Disclosure agreement and compensation
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§1808.11. Disclosure agreement and compensation A. Prior to providing consulting services, a person licensed as a consultant pursuant to this Part shall disclose all of the following in a written contract signed by the party receiving the consulting services: (1) The services to …
La. Rev. Stat. § 22:1808.12 Prohibited acts
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§1808.12. Prohibited acts A.(1) No person licensed and acting as an insurance consultant under a written agreement pursuant to R.S. 22:1808.11, shall sell, solicit, make an application for, procure, negotiate for, or place for others, any policies for any lines of insurance. (2) …
La. Rev. Stat. § 22:1808.13 Reporting of actions
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§1808.13. Reporting of actions A. An insurance consultant shall report to the commissioner of insurance any administrative action taken against the consultant in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of th…
La. Rev. Stat. § 22:1808.2 Examination
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§1808.2. Examination A. A resident individual applying for an insurance consultant license shall pass an examination unless exempt pursuant to R.S. 22:1808.6. The examination shall test the knowledge of the individual concerning the lines of authority for which application is mad…
La. Rev. Stat. § 22:1808.3 Application for license
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§1808.3. Application for license A. A person applying for a resident insurance consultant license shall apply to the commissioner of insurance on the application promulgated by the Department of Insurance and declare under penalty of refusal, suspension, or revocation of the lice…
La. Rev. Stat. § 22:1808.4 License
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§1808.4. License A. Unless denied licensure pursuant to R.S. 22:1808.8, persons who have met the requirements of this Part shall be issued an insurance consultant license. An insurance consultant may receive qualification for a license in one or more of the following lines of aut…
La. Rev. Stat. § 22:1808.5 Nonresident licensing
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§1808.5. Nonresident licensing A. Unless denied licensure pursuant to R.S. 22:1808.8, a nonresident person shall receive a nonresident consultant license if: (1) The person is currently licensed as a resident for an equivalent license and in good standing in his home state. (2) T…
