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2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1316. Suits on fire insurance policies

RS 22:1316 - Suits on fire insurance policies
Whenever suit is filed to recover loss on a fire insurance policy which has been issued either in the name of a married man or a married woman on property belonging to the community of acquets and gains or on property which is the separate and paraphernal property of either husband or wife, it shall not be a good defense on the part of the insurer, except in case of fraud to allege that the policy was issued in the name of the husband, whereas the title to the property was in the name of the wife or vice versa; or that the policy was issued in the name of the husband, whereas the property was the separate and paraphernal property of the wife or vice versa, any contract to the contrary notwithstanding.
The insurer shall have the burden and duty of issuing the policy in the name of the real owner of the property covered by such policy.
Acts 1958, No. 125; Redesignated from R.S. 22:693 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
NOTE: Former R.S. 22:1316 redesignated as R.S. 22:1995 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1317. Co-insurance clauses; prohibited in certain cases

RS 22:1317 - Co-insurance clauses; prohibited in certain cases
No policy of fire and extended coverage insurance issued by an authorized insurer covering property or risks in this state shall contain any clause or provisions requiring the insured to take out or maintain a larger amount of insurance than that covered by such policy or providing in any way that the insured shall be liable as a co-insurer with the insured unless such clause has been approved by the commissioner of insurance, and there has been a consideration allowed in the rate of premium charged for such policy.
Acts 1958, No. 125. Amended by Acts 1960, No. 330, §1; Acts 1963, No. 115, §1; Redesignated from R.S. 22:694 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 250, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1318. Valued policy clause; exceptions

RS 22:1318 - Valued policy clause; exceptions
A. Under any fire insurance policy insuring inanimate, immovable property in this state, if the insurer places a valuation upon the covered property and uses such valuation for purposes of determining the premium charge to be made under the policy, in the case of total loss the insurer shall compute and indemnify or compensate any covered loss of, or damage to, such property which occurs during the term of the policy at such valuation without deduction or offset, unless a different method is to be used in the computation of loss, in which latter case, the policy, and any application therefor, shall set forth in type of equal size, the actual method of such loss computation by the insurer. Coverage may be voided under said contract in the event of criminal fault on the part of the insured or the assigns of the insured.
B. Any clause, condition, or provision of a policy of fire insurance contrary to the provisions of this Section shall be null and void, and have no legal effect. Nothing contained herein shall be construed to prevent any insurer from cancelling or reducing, as provided by law, the insurance on any property prior to damage or destruction.
C. The liability of the insurer of a policy of fire insurance, in the event of total or partial loss, shall not exceed the insurable interest of the insured in the property unless otherwise provided for by law. Nothing in this Section shall be construed as to preclude the insurer from questioning or contesting the insurable interest of the insured.
D. This Section shall apply only to policies issued or renewed after January 1, 1992, and shall not apply to a loss covered by a blanket-form policy of insurance. As used in this Section, the term "fire insurance policy" shall mean any property insurance policy, with the exception of builders risk policies of insurance, that provides coverage for the peril of fire, regardless of any other coverage provided by the policy.
Acts 1991, No. 850, §1; Acts 1995, No. 737, §1; Redesignated from R.S. 22:695 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2014, No. 91, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1319. Delivery of fire insurance contract providing coverage for damage to property; disclosure of coverage; coverage for damages due to flood

RS 22:1319 - Delivery of fire insurance contract providing coverage for damage to property; disclosure of coverage; coverage for damages due to flood
A. In addition to any other requirement contained in law, the following provisions shall govern the issuance of fire insurance policies issued or delivered in this state which provide coverage for damage to property in this state.
B. No fire insurance policy which provides coverage for damage to property shall be delivered or issued for delivery in this state unless the insurer advises the insured in writing, prominently displayed on a form developed and promulgated by the commissioner of insurance and in bold typed print of not less than a fourteen-point font as an insert in the front of the policy, of the following disclosures:
(1) Which coverages are included in the policy for which the insured has paid premiums.
(2) Whether or not the insured has coverage for flooding or mold. The disclosure shall also state that flood insurance is available through the National Flood Insurance Program and that excess flood insurance may be available by a separate policy.
(3) Whether a separate deductible is required for hurricane, wind, or named-storm damage, and, if so, one standardized example of how such separate deductible will be applied under the policy. Such example need not be customized for each policyholder.
C. Any disclosure provided pursuant to this Section shall be for informational purposes only and shall not amend, extend, or alter the coverages provided in the policy. In addition, any such notice shall not be admissible in any action brought concerning the policy of insurance except for the sole purpose of showing that the notice was or was not provided pursuant to this Section.
Acts 2005, 1st Ex. Sess., No. 38, §1, eff. Dec. 6, 2005; Acts 2006, 1st Ex. Sess., No. 42, §1; Redesignated from R.S. 22:696 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 36, §1, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1320. Prohibition of denial of coverage

RS 22:1320 - Prohibition of denial of coverage
Notwithstanding anything to the contrary, liability coverage, which would otherwise be valid under the terms of the policy, shall not be declared void under any contract provision which specifically denies coverage for any and all acts committed due to criminal conduct, where such criminal conduct is due to the criminally negligent ownership or handling of a dog or other animal pursuant to R.S. 14:32(A)(2) or 39(A)(2).
Acts 2009, No. 199, §3.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1321. Redesignated as R.S. 22:671 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1321 - Redesignated as R.S. 22:671 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1322. Redesignated as R.S. 22:672 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1322 - Redesignated as R.S. 22:672 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1323. Redesignated as R.S. 22:673 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1323 - Redesignated as R.S. 22:673 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1324. Redesignated as R.S. 22:674 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1324 - Redesignated as R.S. 22:674 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1325. Redesignated as R.S. 22:675 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1325 - Redesignated as R.S. 22:675 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1331. Personal property coverage; option to exclude

RS 22:1331 - Personal property coverage; option to exclude
A. (1) Upon a disaster being declared by the governor or the president of the United States or any officer acting under presidential authority, any insurance company that issues a homeowner's insurance policy, as defined in R.S.22:47, that includes personal property coverage in the affected area, shall make available during the term of the policy, upon written request of a policyholder, one of the following options:
(a) A residential property policy that provides dwelling coverage without personal property coverage.
(b) An exclusion of personal property coverage.
(2) Upon the exercise of either option by the policyholder, the insurer shall calculate an appropriate reduction in premium that shall be returned to the policyholder.
(3) The option provided in Paragraph (1) of this Subsection shall not be available to the policyholder after the passage of twenty-four months from the date the disaster declaration is made.
B. Notwithstanding any provision of law to the contrary, the substitute policy or exclusion of personal property coverage that occurs during the term of the policy shall not be considered a new policy. This Section shall apply only to homeowners' insurance policies written on structures rendered uninhabitable as determined by the local governing authority or insurer because they sustained extensive damage to more than fifty percent of the dwelling area. In addition, the insurer may withdraw the exclusion or substitute policy when one of the following has occurred:
(1) The structure has been repaired to the point that it is again habitable.
(2) The homeowners' policy has been terminated.
(3) The expiration of twenty-four months from the date of the disaster declaration.
Acts 2007, No. 449, §1, Para. (A)(1) eff. July 20, 2007, Para. (A)(2) eff. July 11, 2007; Acts 2008, No. 125, §1; Redesignated from R.S. 22:667.1 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2017, No. 219, §1, eff. Jan. 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1334. Homeowners insurance policies; conversion of policy forms

RS 22:1334 - Homeowners insurance policies; conversion of policy forms
A. With the approval of the commissioner of insurance an insurer may convert an entire class of homeowner policies to another homeowner policy form, which has been submitted to and approved by the commissioner, as those homeowners policies are renewed. The terms and conditions of such policies, subject to the conversion, shall be continued in full force and effect for the term of the policy. The conversion provided for in this Section shall not constitute the cancellation or nonrenewal of any policy and shall not be grounds for the cancellation or nonrenewal of any policy by the insurer.
B. A conversion by an insurer shall be deemed approved by the commissioner unless disapproved within forty-five days of the filing of the proposed conversion with the commissioner.
C. All homeowner insurance policies, which have been properly filed and converted pursuant to this Section and the conversion of which will result in a rate change, shall be subject to the laws governing rate changes under Subpart O of Part IV of Chapter 4 of this Title, R.S. 22:1451 et seq.
Acts 2004, No. 358, §1; Acts 2005, No. 258, §1; Redesignated from R.S. 22:635.4 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1335. Homeowner's insurance; cancellation, nonrenewal

RS 22:1335 - Homeowner's insurance; cancellation, nonrenewal
A. An insurer that has issued a policy of homeowner's insurance shall not fail to renew the policy unless it has mailed or delivered to the named insured, at the address shown in the policy, written notice of its intention not to renew. The notice of nonrenewal shall be mailed or delivered at least thirty days before the expiration date of the policy. If the notice is mailed less than thirty days before expiration, coverage shall remain in effect under the terms and conditions until thirty days after the notice is mailed or delivered. Any earned premium for the period of coverage extended beyond the expiration date shall be considered pro rata based upon the rate of the previous year.
B. The notice of nonrenewal shall not be required if the insurer or a company within the same insurance group has offered to issue a renewal policy, or if the named insured has provided written notification to the insurer of the intention of the insured not to renew.
Acts 1991, No. 774, §1; Redesignated from R.S. 22:636.6 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1336. Homeowner's insurance; acts of God

RS 22:1336 - Homeowner's insurance; acts of God
No insurer shall cancel, fail to renew, or increase the amount of the premium, except upon an area-wide rating basis at the beginning of a new policy period, on a homeowner's policy of insurance based solely upon a loss caused by an "Act of God". An "Act of God" shall mean, in this Section, an incident due directly to natural causes and exclusively without human intervention.
Acts 1992, No. 70, §1; Redesignated from R.S. 22:1471 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1338. Additional living expense coverage; total loss

RS 22:1338 - Additional living expense coverage; total loss
A. In the event of a total loss to an insured dwelling caused by a covered peril, if the insured has additional living expense coverage, the insurer shall, upon request by the insured, render an advance payment equal to the estimated value of three months of increased cost of living expenses, as defined in the policy, required for the members of the household to maintain their normal standard of living. Further payments of additional living expense coverage, after the advance period, shall be payable upon submission of satisfactory proof of loss, if it is determined that the actual cost of incurred additional living expenses exceeds the amount previously advanced.
B. Nothing in this Section shall be interpreted to prohibit an insurer from restricting payment in cases of suspected fraud.
Acts 2022, No. 558, §1, eff. Jan. 1, 2023.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1341. Definitions

RS 22:1341 - Definitions
For purposes of this Subpart, the following definitions apply:
(1) "Flood" means a general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties, at least one of which is the policyholder's property, from any of the following:
(a) Overflow of inland or tidal waters.
(b) Unusual and rapid accumulation or runoff of surface waters from any source.
(c) Mud flow.
(d) Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined in this Paragraph.
(2) "Hurricane" means a storm system that has been declared a hurricane by the National Hurricane Center of the National Weather Service.
(3) "Named storm" means a storm system that has been declared a named storm by the National Hurricane Center of the National Weather Service.
(4) "Residential flood coverage" means insurance for the peril of flood for homeowner's, condominium owner's, renter's, and tenant's dwelling, mobile home, and manufactured housing, and similar policies.
(5) "Separate named storm or hurricane deductible" means a deductible that applies to flood damage incurred during a named storm or hurricane and may be expressed as a percentage of the insured value of the property or as a specific dollar amount. All of the following shall apply to a separate deductible:
(a) The insurer shall not apply the separate named storm or hurricane deductible in addition to another deductible.
(b) There shall be one separate named storm or hurricane deductible in a calendar year, which shall apply to all named storm or hurricane losses during the calendar year.
(c) The insurer may apply to later flood loss events the greater of the remaining amount of the separate named storm or hurricane deductible or the amount of any other standard flood deductible.
(d) The insurer may require policyholders to maintain receipts or other records of such losses in order to apply such losses to a subsequent flood loss incurred during a named storm or hurricane claims.
(6) "Standard flood deductible" means a deductible that applies to flood damage incurred during any event and may be expressed as a percentage of the insured value of the property or as a specific dollar amount.
Acts 2021, No. 77, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1342. Applicability

RS 22:1342 - Applicability
A. Notwithstanding any provision of law to the contrary, this Subpart shall govern the regulation of any insurance policy, contract, or endorsement providing residential flood coverage on any structure or the contents of personal property contained therein.
B. This Subpart does not apply to either of the following:
(1) Commercial lines insurance.
(2) Surplus lines insurance.
C. Louisiana Citizens Property Insurance Corporation shall not provide residential flood coverage.
Acts 2021, No. 77, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1343. Residential flood coverage; notices; plan of operation

RS 22:1343 - Residential flood coverage; notices; plan of operation
In addition to other requirements, an insurer providing residential flood coverage shall do all of the following:
(1) Notify the commissioner at least thirty days before writing residential flood policies in this state.
(2) File a plan of operation, financial projections, and any revisions to either, as applicable, with the commissioner.
(3) Note prominently on the policy declarations page the residential flood coverage premiums, deductibles, and policy limits.
(4) Notify the commissioner in writing at least sixty days prior to the market end date of residential flood coverage and advise regarding all of the following:
(a) If an approved policy form will no longer be marketed in this state.
(b) If an approved policy form will be permanently withdrawn from this state.
(c) Whether residential flood coverage issued in this state under a discontinued or withdrawn policy form will remain in force.
(d) Whether existing residential flood coverage issued in this state under a discontinued or withdrawn policy form will continue to be renewed.
(e) The policy form numbers being discontinued or withdrawn and the dates of original approval.
Acts 2021, No. 77, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1344. Residential flood coverage; policy types

RS 22:1344 - Residential flood coverage; policy types
A. In addition to excess flood insurance, insurers may issue any of the following types of residential flood coverage:
(1) Standard flood insurance, which covers only losses from the peril of flood in a manner equivalent to that provided under the National Flood Insurance Program, including standard flood deductibles and adjustment of losses.
(2) Preferred flood insurance, which includes all of the following:
(a) The same coverage as standard flood insurance.
(b) Coverage for losses from water intrusion originating from outside the structure that are not otherwise covered by a flood policy.
(c) Coverage for additional living expenses.
(d) A requirement that any loss under personal property or contents coverage be adjusted only on the basis of replacement costs up to the policy limits.
(3) Customized flood insurance, which includes coverage that is broader than the coverage provided under standard flood insurance.
(4) Flexible flood insurance, which covers losses from the peril of flood and may also include coverage for losses from water intrusion originating from outside the structure, that is not otherwise covered. Flexible flood insurance shall include one or more of the following provisions:
(a) An agreement between the insurer and the insured that the flood coverage is in a specified amount, such as coverage that is limited to the total amount of each outstanding mortgage applicable to the covered property.
(b) A requirement for a separate named storm or hurricane deductible.
(c) A requirement that flood loss to a dwelling be adjusted in accordance with R.S. 22:1264 or adjusted only on the basis of the actual cash value of the property.
(d) A restriction limiting residential flood coverage to the principal building defined in the policy.
(e) A provision including or excluding coverage for additional living expenses.
(f) A provision excluding coverage for personal property and contents as to the peril of flood.
(5) Supplemental flood insurance, which may provide coverage designed to supplement a flood policy obtained from the National Flood Insurance Program or from an insurer issuing standard or preferred flood insurance pursuant to this Section. Supplemental flood insurance may provide coverage for any of the following:
(a) Jewelry.
(b) Art.
(c) Deductibles.
(d) Additional living expenses.
(e) Other coverage permitted by law.
B. An insurer writing residential flood policies may issue flood insurance that covers losses from the peril of flood using either or both of the following:
(1) A definition of "flood" other than that in R.S. 22:1341.
(2) Terms and conditions other than those used in the policy types described in Subsection A of this Section.
C. Notwithstanding Subsections A and B of this Section, insurers offering private flood insurance may continue using policy forms filed and approved before January 1, 2022.
Acts 2021, No. 77, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1345. Residential flood coverage; rates

RS 22:1345 - Residential flood coverage; rates
For an insurer writing residential flood coverage, either of the following shall apply:
(1) An insurer may establish and use residential flood coverage rates in accordance with the provisions of R.S. 22:1451 and 1454.
(2) For residential flood coverage rates filed with the commissioner before January 1, 2027, all of the following shall apply:
(a) An insurer shall establish and use rates in accordance with the rates, rating schedules, or rating manuals filed by the insurer with the commissioner which allow the insurer a reasonable rate of return on residential flood coverage written in this state.
(b) Rates established pursuant to this Paragraph are not subject to R.S. 22:1451.
(c) Within thirty days after the effective date of the change, the insurer shall notify the commissioner of any change to previously established rates and of the average statewide percentage change in rates.
(d) Actuarial data with regard to rates for residential flood coverage shall be maintained by the insurer for two years after the effective date of the rate change and is subject to examination by the commissioner. The commissioner may require the insurer to incur the costs associated with an examination. Upon examination, the commissioner, in accordance with generally accepted and reasonable actuarial techniques, shall consider the rate factors and standards in R.S. 22:1454 to determine if the rate is excessive, inadequate, or unfairly discriminatory.
(e) If the commissioner determines that a rate is excessive or unfairly discriminatory, the commissioner shall require the insurer to provide appropriate credit to any affected policyholders and an appropriate refund to any affected former policyholders.
Acts 2021, No. 77, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1346. Notices regarding flood coverage

RS 22:1346 - Notices regarding flood coverage
A.(1) A producer shall provide written notice to be signed by the applicant before a producer places residential flood coverage with an authorized or surplus lines insurer for a property receiving flood coverage from the National Flood Insurance Program. The notice required by this Subsection shall inform the applicant of all of the following:
(a) Coverage under the National Flood Insurance Program is provided at a subsidized rate.
(b) If the applicant discontinues coverage under the National Flood Insurance Program, the full risk rate may apply to the property if the applicant later seeks coverage under the National Flood Insurance Program.
(2) If an applicant does not have flood coverage, a producer shall inform the applicant of the existence of the National Flood Insurance Program.
B.(1) An insurer writing standard flood insurance policies, preferred flood insurance policies, customized flood insurance policies, flexible flood insurance policies, residential flood insurance policies using a different definition of "flood" than that used in R.S. 22:1341, or residential flood insurance policies with terms and conditions other than those described in R.S. 22:1344, shall make one of the following certifications:
(a) "This policy meets the definition of private flood insurance contained in 42 U.S.C. 4012a(b)(7) and the corresponding regulation." A certification made under this Subparagraph shall also contain a separate statement providing: "This policy provides at least the coverage of the standard flood insurance policy under the National Flood Insurance Program."
(b) "This policy does not meet the definition of private flood insurance contained in 42 U.S.C. 4012a(b)(7) and the corresponding regulation." A certification made under this Subparagraph shall also contain a separate statement providing: "This policy provides less coverage than the standard flood insurance policy under the National Flood Insurance Program."
(2) The certifications required pursuant to this Subsection shall be in writing on the declarations page of the policy in bold typed print of not less than a fourteen-point font.
Acts 2021, No. 77, §1, eff. Jan. 1, 2022.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1351. Applicability

RS 22:1351 - Applicability
A. This Subpart shall apply to travel insurance where policies or certificates are delivered or issued for delivery in this state.
B. This Subpart shall not apply to cancellation fee waivers and travel assistance services, except as expressly provided herein.
Acts 2017, No. 225, §1, eff. Jan. 1, 2018.
NOTE: Former R.S. 22:1351 redesignated as R.S. 22:2191 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1353. Deposits, assessments, fees, and taxes

RS 22:1353 - Deposits, assessments, fees, and taxes
A. A travel insurer shall be subject to the provisions of Chapter 3 of this Title, R.S. 22:791 et seq.
B. A travel insurer shall pay premium tax, as provided in R.S. 22:837 and 838, on travel insurance premiums paid by any one of the following:
(1) An individual policyholder who is a resident of this state.
(2) A certificate-holder who is a resident of this state who elects coverage under a group travel insurance policy.
(3) An eligible group policyholder that is resident in, or has its principal place of business in, this state that purchases a blanket travel insurance policy.
Acts 2017, No. 225, §1, eff. Jan. 1, 2018.
RS 22:1353 - Redesignated as R.S. 22:2193 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1354. Travel protection plans

RS 22:1354 - Travel protection plans
Travel protection plans may be offered for one price for the combined features that the travel protection plan offers in this state if all of the following are met:
(1) There is no finding by the commissioner, pursuant to R.S. 22:1453, that the travel insurance market in the state is noncompetitive or that the travel protection plan restricts competition by either significantly decreasing output or efficiency in the market or that a travel insurer or travel retailer is exerting sufficient market power in providing travel insurance or a travel protection plan such that competition is adversely impacted or that the travel protection plan would exact burdensome terms that would not exist in a competitive market.
(2) The travel insurance, travel assistance services, and cancellation fee waivers are clearly delineated in the travel protection plan's fulfillment materials. The fulfillment materials shall include the travel insurance disclosure requirements required pursuant to state law and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.
(3) The travel protection plan clearly discloses to the consumer at or prior to the time of purchase and fulfillment that it includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides an opportunity at any time thereafter for the consumer to obtain additional information regarding the features and pricing of each.
Acts 2017, No. 225, §1, eff. Jan. 1, 2018.
RS 22:1354 - Redesignated as R.S. 22:2194 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1355. Sales practices

RS 22:1355 - Sales practices
A. All persons involved in offering, soliciting, or negotiating travel insurance to residents of this state shall be subject to the unfair trade practices provisions of Chapter 7 of this Title, R.S. 22:1901 et seq., except as otherwise provided in this Section.
B. It shall not be an unfair trade practice to include blanket travel insurance coverage with the purchase of a trip, provided the coverage is not marketed as free.
C. Travel insurance policies or certificates that contain pre-existing condition exclusions shall clearly disclose the exclusion in the coverage's fulfillment materials.
D. Policyholders or certificate holders shall have a minimum of ten days from the date of purchase to review and cancel the policy or certificate for a full refund of the travel protection plan price, unless the insured has either started the covered trip or has filed a claim under the travel insurance coverage.
E. The travel insurance policy shall disclose in the policy fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage. Travel insurance is not subject to coordination of benefits for health insurance coverage.
F. Where travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law when an accurate summary or short description of coverage is provided on the web page, as long as the consumer has access to the full provisions through electronic means.
G. Unless otherwise permitted by state or federal law, no person offering travel insurance or travel protection plans on an individual or group basis may do so using negative option or opt-out, which would require a consumer to take an affirmative action such as unchecking a box on an electronic form when he purchases a trip to deselect coverage.
Acts 2017, No. 225, §1, eff. Jan. 1, 2018.
RS 22:1355 - Redesignated as R.S. 22:2195 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1356. Travel administrators

RS 22:1356 - Travel administrators
Notwithstanding any other provisions of this Title, no person shall act or represent himself as a travel administrator in this state unless that person meets one of the following conditions:
(1) Is a licensed producer for property and casualty insurance in this state.
(2) Holds a valid managing general agent license in this state.
Acts 2017, No. 225, §1, eff. Jan. 1, 2018.
RS 22:1356 - Redesignated as R.S. 22:2196 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1357. Policy

RS 22:1357 - Policy
A. Notwithstanding any other provision of this Title, travel insurance shall be classified and filed for purposes of rates and forms as a marine and transportation line of insurance as defined in R.S. 22:47.
B. Travel insurance may be provided by an individual or group master policy.
C. Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, and the travel insurance offered as part of the travel protection plan may be offered as individual travel insurance, group travel insurance, or blanket travel insurance.
Acts 2017, No. 225, §1, eff. Jan. 1, 2018.
RS 22:1357 - Redesignated as R.S. 22:2197 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1358. Regulations

RS 22:1358 - Regulations
The commissioner may, in accordance with the Administrative Procedure Act, R.S. 49:950 et seq., promulgate rules and regulations as he deems necessary to enforce the provisions of this Subpart.
Acts 2017, No. 225, §1, eff. Jan. 1, 2018.
RS 22:1358 - Redesignated as R.S. 22:2198 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1359. Redesignated as R.S. 22:2199 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1359 - Redesignated as R.S. 22:2199 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1360. Redesignated as R.S. 22:2200 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1360 - Redesignated as R.S. 22:2200 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1362. Redesignated as R.S. 22:2202 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1362 - Redesignated as R.S. 22:2202 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1363. Redesignated as R.S. 22:2203 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1363 - Redesignated as R.S. 22:2203 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1364. Redesignated as R.S. 22:2204 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1364 - Redesignated as R.S. 22:2204 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1365. Redesignated as R.S. 22:2205 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1365 - Redesignated as R.S. 22:2205 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1366. Redesignated as R.S. 22:2206 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1366 - Redesignated as R.S. 22:2206 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1367. Redesignated as R.S. 22:2207 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1367 - Redesignated as R.S. 22:2207 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1368. Redesignated as R.S. 22:2208 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1368 - Redesignated as R.S. 22:2208 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1373. Policy conditions

RS 22:1373 - Policy conditions
A. A pet insurer may issue policies that exclude coverage based on one or more preexisting conditions if appropriate disclosures are provided to the policyholder. The pet insurer has the burden of proving that a preexisting condition exclusion applies to the condition for which a claim is being made.
B.(1) A pet insurer may issue policies that impose waiting periods upon effectuation of the policy, not to exceed thirty days, for illnesses or orthopedic conditions not resulting from an accident. Waiting periods for accidents are prohibited.
(2) A pet insurer utilizing a waiting period in compliance with this Subsection shall include a provision in the policy that allows the waiting period to be waived upon completion of a medical examination. A pet insurer may require the examination to be conducted by a licensed veterinarian after the purchase of the policy.
(3) A medical examination performed pursuant to Paragraph (2) of this Subsection shall be paid for by the policyholder, unless the policy provides that the pet insurer will pay for the examination.
(4) A pet insurer may specify elements to be included as part of the examination and require documentation thereof if the specifications do not unreasonably restrict a policyholder's option to have the waiting periods waived as provided in Paragraph (2) of this Subsection.
(5) Waiting periods and the requirements applicable thereto shall be disclosed to consumers prior to the policy purchase.
(6) Waiting periods shall not be applied to renewals of existing coverage.
C. A pet insurer shall not require a veterinary examination of a covered pet for a policyholder to have a policy renewed.
D. If a pet insurer includes any prescriptive, wellness, or noninsurance benefits in the policy form, the provisions shall be made part of the policy contract and shall conform to all applicable provisions of this Title and department rules and regulations.
E. Eligibility to purchase a pet insurance policy shall not be based on participation, or lack of participation, in a separate wellness program.
Acts 2023, No. 94, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1374. Sales practices

RS 22:1374 - Sales practices
A. Pet insurers and producers shall not market a wellness program as pet insurance.
B. If a wellness program is sold by a pet insurer or producer, all of the following apply:
(1) The purchase of the wellness program shall not be a requirement for the purchase of pet insurance.
(2) The costs of the wellness program shall be separate and identifiable from any pet insurance policy sold by a pet insurer or producer.
(3) The terms and conditions for the wellness program shall be separate from any pet insurance policy sold by a pet insurer or producer.
(4) The products and coverages available through the wellness program shall not duplicate products or coverages available through the pet insurance policy.
(5) The advertising of the wellness program shall not be misleading and shall be in accordance with the provisions of this Section.
(6) The pet insurer or producer shall make all of the following disclosures to consumers, printed in twelve-point boldface type:
(a) Wellness programs are not insurance.
(b) The address and customer service telephone number of the pet insurer or producer or broker of record.
(c) The department's mailing address, toll-free telephone number, and website address.
C. Coverages included in the pet insurance policy contract described as "wellness" benefits are insurance.
Acts 2023, No. 94, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1375. Producer training

RS 22:1375 - Producer training
A. An insurance producer shall not sell, solicit, or negotiate a pet insurance product until the producer is licensed in a major line of authority and has completed the required training identified in Subsection C of this Section.
B. An insurer shall ensure that its producers are trained on the topics prescribed in Subsection C of this Section and on the coverages and conditions of its pet insurance products.
C. The training required pursuant to this Section shall include information on the following topics:
(1) Preexisting conditions and waiting periods.
(2) The differences between pet insurance and noninsurance wellness programs.
(3) Hereditary disorders, congenital anomalies and disorders, chronic conditions, and how pet insurance policies interact with those conditions and disorders.
(4) Rating, underwriting, renewal, and other related administrative topics.
D. The satisfaction of the training requirements of another state that are substantially similar to the provisions of Subsection C of this Section shall be deemed to satisfy the training requirements in this state.
Acts 2023, No. 94, §1, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1376. Redesignated as R.S. 22:2052 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1376 - Redesignated as R.S. 22:2052 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1377. Redesignated as R.S. 22:2053 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1377 - Redesignated as R.S. 22:2053 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1378. Redesignated as R.S. 22:2054 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1378 - Redesignated as R.S. 22:2054 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1379. Redesignated as R.S. 22:2055 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1379 - Redesignated as R.S. 22:2055 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1380. Redesignated as R.S. 22:2056 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1380 - Redesignated as R.S. 22:2056 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1382. Redesignated as R.S. 22:2058 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1382 - Redesignated as R.S. 22:2058 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1383. Redesignated as R.S. 22:2059 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1383 - Redesignated as R.S. 22:2059 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1384. Redesignated as R.S. 22:2060 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1384 - Redesignated as R.S. 22:2060 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1385. Redesignated as R.S. 22:2061 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1385 - Redesignated as R.S. 22:2061 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1386. Redesignated as R.S. 22:2062 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1386 - Redesignated as R.S. 22:2062 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1387. Redesignated as R.S. 22:2063 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1387 - Redesignated as R.S. 22:2063 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1388. Redesignated as R.S. 22:2064 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1388 - Redesignated as R.S. 22:2064 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1389. Redesignated as R.S. 22:2065 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1389 - Redesignated as R.S. 22:2065 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1390. Redesignated as R.S. 22:2066 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1390 - Redesignated as R.S. 22:2066 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1392. Redesignated as R.S. 22:2068 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1392 - Redesignated as R.S. 22:2068 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1393. Redesignated as R.S. 22:2069 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1393 - Redesignated as R.S. 22:2069 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1394. Redesignated as R.S. 22:2070 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1394 - Redesignated as R.S. 22:2070 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.1. Redesignated as R.S. 22:2081 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.1 - Redesignated as R.S. 22:2081 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.2. Redesignated as R.S. 22:2082 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.2 - Redesignated as R.S. 22:2082 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.3. Redesignated as R.S. 22:2083 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.3 - Redesignated as R.S. 22:2083 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.4. Redesignated as R.S. 22:2084 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.4 - Redesignated as R.S. 22:2084 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.5. Redesignated as R.S. 22:2085 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.5 - Redesignated as R.S. 22:2085 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.6. Redesignated as R.S. 22:2086 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.6 - Redesignated as R.S. 22:2086 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.7. Redesignated as R.S. 22:2087 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.7 - Redesignated as R.S. 22:2087 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.8. Redesignated as R.S. 22:2088 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.8 - Redesignated as R.S. 22:2088 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.9. Redesignated as R.S. 22:2089 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.9 - Redesignated as R.S. 22:2089 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.10. Redesignated as R.S. 22:2090 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.10 - Redesignated as R.S. 22:2090 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.11. Redesignated as R.S. 22:2091 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.11 - Redesignated as R.S. 22:2091 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.12. Redesignated as R.S. 22:2092 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.12 - Redesignated as R.S. 22:2092 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.13. Redesignated as R.S. 22:2093 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.13 - Redesignated as R.S. 22:2093 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.14. Redesignated as R.S. 22:2094 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.14 - Redesignated as R.S. 22:2094 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.15. Redesignated as R.S. 22:2095 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.15 - Redesignated as R.S. 22:2095 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1395.16. Redesignated as R.S. 22:2096 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1395.16 - Redesignated as R.S. 22:2096 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.