™Your Policy Risk Impact Agent
0 chapters · 1,747 sections in this title.
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. § 22:1931 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. § 22:1931.2 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 All monies collected pursuant to this Part shall be dedicated to and deposited into the Insurance Fraud Investigation Dedicated Fund Account pursuant to R.S. 40:1428(C). Forty percent of the monies deposited into the fund pursuant to this Part…
La. Rev. Stat. § 22:1931.9 Assessment reduction or recalculation
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§1931.9. Assessment reduction or recalculation Except as provided in this Part, there shall be no reduction or recalculation in the Insurance Fraud Investigation Dedicated Fund Account assessment allocation to the attorney general's office as provided in R.S. 40:1428. Acts 2012, …
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. § 22:1941 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…
La. Rev. Stat. § 22:1942 Definitions
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§1942. Definitions When used in this Part: (1) "Commissioner" shall mean the commissioner of insurance of this state. (2) "Residents" shall mean and include persons, partnerships, or corporations, domestic, alien, or foreign. (3) "Unfair Trade Practice Law" shall mean the law rel…
La. Rev. Stat. § 22:1943 Misrepresentations by foreign insurer, notice to domiciliary supervisory official
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§1943. Misrepresentations by foreign insurer, notice to domiciliary supervisory official No unauthorized foreign or alien insurer of the kind described in R.S. 22:1941 shall make, issue, circulate or cause to be made, issued or circulated, to residents of this state any estimate,…
La. Rev. Stat. § 22:1944 Action by commissioner
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§1944. Action by commissioner If, after thirty days following the giving of the notice mentioned in R.S. 22:1943, such insurer has failed to cease making, issuing, or circulating such misrepresentations or causing the same to be made, issued, or circulated in this state, and if t…
La. Rev. Stat. § 22:1945 Service upon unauthorized insurer
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§1945. Service upon unauthorized insurer A.(1) Any of the following acts in this state, effected by mail or otherwise, by any such unauthorized foreign or alien insurer is equivalent to and shall constitute an appointment by such insurer of the secretary of state and his successo…
La. Rev. Stat. § 22:1946 Advertisement by insurers
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§1946. Advertisement by insurers A. No person shall publish or print in any newspaper, magazine, periodical, circular letter, pamphlet, or in any other manner or publish by radio broadcasting in this state, any advertisement or other notice either directly or indirectly setting f…
La. Rev. Stat. § 22:195 Filing and recording articles; application for certificate of authority; issuing certificates of incorporation and authority
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§195. Filing and recording articles; application for certificate of authority; issuing certificates of incorporation and authority A. The articles, or a multiple original thereof, shall be recorded in the office of the recorder of mortgages of the parish in which the registered o…
La. Rev. Stat. § 22:196 Application for policies
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§196. Application for policies A. All applications for policies shall be signed on a written, typewritten, or printed form identical with the form of application filed with the commissioner of insurance for policies of the type to be issued and, in addition to the signature of th…
La. Rev. Stat. § 22:1961 Purpose
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§1961. Purpose The purpose of this Part is to regulate the trade practices in the business of insurance, in accordance with the intent of congress as expressed in Public Law 15-79th Congress*, by defining or providing for the determination of all acts, methods, and practices whic…
La. Rev. Stat. § 22:1962 Definitions
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§1962. Definitions When used in this Part: A. "Commissioner" means the commissioner of insurance of this state. B. "Insured" means the party named on a policy or certificate as the individual with legal rights to the benefits provided by such policy. C. "Insurer" means any person…
La. Rev. Stat. § 22:1963 Unfair methods and unfair or deceptive acts and practices prohibited
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§1963. Unfair methods and unfair or deceptive acts and practices prohibited No person shall engage in this state in any trade practice which is defined in this Part to be an unfair method of competition or an unfair or deceptive act or practice in the conduct of the business of i…
La. Rev. Stat. § 22:1964 Methods, acts, and practices which are defined as unfair or deceptive
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§1964. Methods, acts, and practices which are defined as unfair or deceptive The following are declared to be unfair methods of competition and unfair or deceptive acts or practices in the business of insurance: (1) Misrepresentations and false advertising of insurance policies. …
La. Rev. Stat. § 22:1967 Power of commissioner of insurance
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§1967. Power of commissioner of insurance The commissioner of insurance shall have power to examine and investigate the affairs of every person engaged in the business of insurance, including violations of R.S. 22:1902 et seq., in order to determine whether such person has been o…
La. Rev. Stat. § 22:1968 Notice of hearing
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§1968. Notice of hearing A. If the commissioner has reason to believe that any person has been engaged or is engaging in this state in any unfair trade practice as defined in this Code, whether or not defined in this Part, the commissioner shall issue a notice of wrongful conduct…
La. Rev. Stat. § 22:1969 Violations; penalties
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§1969. Violations; penalties A. If, after receiving the person's answer or response or if no answer or response is received within twenty days of receipt of mailing, faxing, or electronic or physical delivery of the notice, the commissioner shall determine that the person charged…
La. Rev. Stat. § 22:197 Policies
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§197. Policies A. Every policy issued by any association authorized under this Subpart shall have plainly printed on the first page thereof the words "Assessment or Cooperative Plan", shall specify the services which it promises to furnish, the contingency upon which it agrees to…
La. Rev. Stat. § 22:1970 Cease and desist order; penalty for violation
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§1970. Cease and desist order; penalty for violation A. Any person who violates a cease and desist order of the commissioner under R.S. 22:1969 and while such order is in effect may, after compliance with R.S. 49:977.3 be subject at the discretion of the commissioner to any one o…
La. Rev. Stat. § 22:1971 Grant of civil immunity
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§1971. Grant of civil immunity A. In the absence of fraud or bad faith, no person shall be subject to civil liability for libel or slander by virtue of filing reports, without malice, or furnishing other information, without malice, required by this Chapter or required by the com…
La. Rev. Stat. § 22:1972 Report by the commissioner
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§1972. Report by the commissioner The commissioner of insurance shall annually submit a report to the Senate and House of Representatives committees on insurance relative to complaints received and actions taken pursuant to the provisions of this Part. Such report shall contain i…
La. Rev. Stat. § 22:198 Bylaws
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§198. Bylaws A. The board of directors of an association authorized under this Subpart may make and alter bylaws not inconsistent with the law or articles. The initial bylaws filed with the articles shall be signed by the first directors named in the articles. B. The bylaws of al…
La. Rev. Stat. § 22:1981 Commissioner of insurance to examine insurers and producers
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§1981. Commissioner of insurance to examine insurers and producers A.(1) The commissioner of insurance shall make an examination, not less frequently than once every five years, of all insurers doing business in this state at such times as prescribed by the provisions of this Cha…
La. Rev. Stat. § 22:1983 Examination reports
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§1983. Examination reports A. All examination reports shall be comprised of facts only appearing upon the books, records, or other documents of the company, its agents or other persons examined, or as ascertained from the testimony of its officers or agents or other persons exami…
La. Rev. Stat. § 22:1984 Commissioner of insurance to conduct financial and market analysis of insurers and regulated entities
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§1984. Commissioner of insurance to conduct financial and market analysis of insurers and regulated entities A. In addition to those examinations performed by the commissioner of insurance pursuant to R.S. 22:1981, the commissioner of insurance shall conduct financial and market …
La. Rev. Stat. § 22:1985 Review and examination expense; how paid
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§1985. Review and examination expense; how paid A. Whenever the commissioner of insurance makes an examination or investigation pursuant to this Chapter, all expenses incurred by the commissioner of insurance in conducting such examination or investigation, including the expenses…
La. Rev. Stat. § 22:1986 Authority to employ examiners and other assistants
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§1986. Authority to employ examiners and other assistants The commissioner of insurance shall employ such examiners, auditors, accountants, actuaries, attorneys, and clerical or other assistants as are necessary to conduct the examination and to compile and prepare a report there…
La. Rev. Stat. § 22:1987 Insurer's right to contest expense
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§1987. Insurer's right to contest expense Should the insurer deem the amount of expenses billed to it unreasonable or contrary to the provisions of this Chapter, it may within fifteen days after the receipt of such billing, take a rule in a court of competent jurisdiction upon th…
La. Rev. Stat. § 22:1988 Failure to pay expenses; penalty
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§1988. Failure to pay expenses; penalty Should any insurer fail or refuse to pay the expenses of examination as billed by the commissioner of insurance after fifteen days upon receipt of such billing or after final judgment where a rule has been taken as provided in R.S. 22:1987,…
La. Rev. Stat. § 22:1989 Scope of examination
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§1989. Scope of examination In conducting such an examination, the commissioner of insurance shall examine the affairs, transactions, accounts, records, documents, and assets of each authorized insurer. Except in the case of a life insurer issuing only registered policies under R…
La. Rev. Stat. § 22:199 Amendment of articles and bylaws
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§199. Amendment of articles and bylaws A. The articles may be amended by the board of directors with the approval of the commissioner of insurance. The amendment shall be adopted by the board at any regular or special meeting and then submitted to the commissioner of insurance, w…
La. Rev. Stat. § 22:1990 Production of books and records
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§1990. Production of books and records Every insurer being examined, its officers, employees and representatives, shall produce and make freely accessible to the commissioner of insurance the accounts, records, documents and files in its possession or control relating to the subj…
