reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1765. Rental vehicle insurance

RS 22:1765 - Rental vehicle insurance
A. The rental company licensed pursuant to this Part may offer or sell insurance only in connection with and incidental to the rental of vehicles, whether at the rental office or by preselection of coverage in a master, corporate, individual, or group rental agreement, in any of the following general categories:
(1) Personal accident insurance covering the risks of travel including but not limited to accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period.
(2) Liability insurance that provides coverage, as applicable, to renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle.
(3) Personal effects insurance that provides coverage, as applicable, to renters and other vehicle occupants for the loss of or damage to personal effects that occurs during the rental period.
(4) Roadside assistance and emergency sickness protection programs.
(5) Any other travel or automobile-related coverage that a rental company offers in connection with and incidental to the rental of vehicles.
B. No insurance may be offered by a limited licensee pursuant to this Part unless all of the following items are satisfied:
(1) The rental period of the rental agreement does not exceed ninety consecutive days.
(2) At every rental location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that:
(a) Summarize clearly and correctly, the material terms of coverage offered to renters, including the identity of the insurer.
(b) Disclose that these policies offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage.
(c) State that the purchase by the renter of the kinds of coverage specified in this Part is not required in order to rent a vehicle.
(d) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim.
(3) Evidence of coverage in the rental agreement is disclosed to every renter who elects to purchase such coverage.
Acts 1999, No. 1278, §1, eff. July 12, 1999; Redesignated from R.S. 22:2105 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1766. Authorized employees and agents

RS 22:1766 - Authorized employees and agents
A. Any limited license issued under this Part shall also authorize any employees and any authorized agents of the limited licensee to act individually on behalf, and under the supervision, of the limited licensee with respect to the kinds of coverage specified in this Part.
B. Each rental company licensed pursuant to this Part shall conduct a training program in which employees and authorized agents being trained shall receive basic instruction about the kinds of coverage specified in this Part and offered for purchase by prospective renters of rental vehicles.
C. The limited licensee shall keep a list of all persons who are authorized or who are selling insurance as provided in this Part. The list shall be provided to the commissioner within two weeks of written demand from the commissioner.
Acts 1999, No. 1278, §1, eff. July 12, 1999; Redesignated from R.S. 22:2106 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2011, No. 94, §1, eff. Jan. 1, 2012; Acts 2016, No. 162, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1767. Insurance charges

RS 22:1767 - Insurance charges
Notwithstanding any other provision of this Part or any rule adopted by the commissioner, a limited licensee pursuant to this Part shall not be required to treat monies collected from renters purchasing such insurance when renting vehicles as funds received in a fiduciary capacity if the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of insurance not in conjunction with a rental transaction is prohibited by the provisions of this Part.
Acts 1999, No. 1278, §1, eff. July 12, 1999; Redesignated from R.S. 22:2107 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2011, No. , §1, eff. Jan. 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1768. Representations

RS 22:1768 - Representations
No limited licensee pursuant to this Part shall advertise, represent, or otherwise hold itself or any of its employees or agents out as licensed insurers or insurance producers.
Acts 1999, No. 1278, §1, eff. July 12, 1999; Redesignated from R.S. 22:2108 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2011, No. 94, §1, eff. Jan. 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1770. Penalties for violations

RS 22:1770 - Penalties for violations
In the event that any provision of this Part or other applicable provision of this Title is violated by a limited licensee, the commissioner may revoke, suspend, refuse to renew, or levy a fine not to exceed one thousand dollars for each violation, up to one hundred thousand dollars in the aggregate for all violations in a calendar year per limited licensee, or impose such other penalty as the commissioner may deem necessary or convenient to carry out the purposes of this Part.
Acts 1999, No. 1278, §1, eff. July 12, 1999; Redesignated from R.S. 22:2110 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1771. Applicability of this Part

RS 22:1771 - Applicability of this Part
All limited licensees under this Part shall be subject to all other applicable provisions of this Title unless specifically exempted by this Part.
Acts 1999, No. 1278, §1, eff. July 12, 1999; Redesignated from R.S. 22:2111 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1772. Rules and regulations; promulgated by department

RS 22:1772 - Rules and regulations; promulgated by department
The commissioner shall issue such rules, regulations, and directives, in accordance with the Administrative Procedure Act to implement the provisions of this Part.
Acts 1999, No. 1278, §1, eff. July 12, 1999; Redesignated from R.S. 22:2112 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1781.1. Definitions

RS 22:1781.1 - Definitions
As used in this Part, the following terms shall have the following meanings:
(1) "Commissioner" means the commissioner of insurance.
(2) "Customer" means a person who purchases portable electronics or services.
(3) "Department" means the Department of Insurance.
(4) "Enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics.
(5) "Location" means any physical location in the state of Louisiana or any website, call center site, or similar location directed to residents of the state of Louisiana.
(6) "Portable electronics" means electronic devices that are portable in nature, their accessories, and services related to the use of the device.
(7)(a) "Portable electronics insurance" means insurance providing coverage for the repairs or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss.
(b) "Portable electronics insurance" does not include any of the following:
(i) A service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property for the operational or structural failure of such property due to a defect in materials, workmanship, accidental damage from handling, power surges, or normal wear and tear.
(ii) A policy of insurance covering a seller's or a manufacturer's obligations under a warranty.
(iii) A homeowner's, renter's, private passenger automobile, commercial multi-peril, or similar policy.
(8) "Portable electronics transaction" means any of the following:
(a) The sale or lease of portable electronics by a vendor to a customer.
(b) The sale of a service related to the use of portable electronics by a vendor to a customer.
(9) "Vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly.
Acts 2012, No. 311, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1781.2. Licensure of vendors

RS 22:1781.2 - Licensure of vendors
Notwithstanding any other provision of law to the contrary, the following requirements apply to the licensure of vendors of portable electronic devices:
(1) A vendor is required to hold a limited lines license to sell or offer coverage under a policy of portable electronics insurance.
(2) A limited lines license issued pursuant to this Section shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions. The vendor shall be responsible for the conduct and actions related to the sale or offering of portable electronics insurance of all employees and authorized representatives and any payment of the premium for portable electronics insurance to an employee or authorized representative shall be deemed payment to the vendor.
(3) In connection with a vendor's application for licensure and upon license renewal, the vendor shall provide a list to the commissioner of all locations in the state at which it offers coverage.
Acts 2012, No. 311, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1781.3. Requirements for sale of portable electronics insurance

RS 22:1781.3 - Requirements for sale of portable electronics insurance
A. In conjunction with and at the time of the sale of every portable electronics insurance policy, the vendor shall present brochures or other written materials to a prospective customer which:
(1) Disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy, or other source of coverage.
(2) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services.
(3) Summarize the material terms of the insurance coverage, including:
(a) The identity of the insurer.
(b) The amount of any applicable deductible and how it is to be paid.
(c) The benefits of the coverage.
(d) The key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with similar make and model reconditioned or non-original manufacturer parts or equipment.
(4) Contain a summary of the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirement.
(5) Contain a statement that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund or credit for any applicable unearned premium.
B. Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program.
Acts 2012, No. 311, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1781.4. Authority of vendors of portable electronics

RS 22:1781.4 - Authority of vendors of portable electronics
A. An employee or authorized representative of a vendor may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this Part provided that:
(1) The vendor obtains a limited lines license to authorize its employees or authorized representatives to sell or offer portable electronics insurance pursuant to this Part.
(2) The vendor shall develop a training program for employees and authorized representatives of the vendor. The training required by this Section shall comply with all of the following:
(a) The training shall be delivered to employees and authorized representatives of vendors who are directly engaged in the activity of selling or offering portable electronics insurance prior to the engagement in any sale or offer of portable electronics insurance to any customer by the employee or authorized representative.
(b) The training may be provided in electronic form.
(c) The training shall include instruction about the portable electronics insurance offered to customers and the disclosures required under this Part.
B. Notwithstanding any other provision of law to the contrary, employees or authorized representatives of a vendor of portable electronics shall not be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage but may receive compensation for activities under the limited lines license which is incidental to their overall compensation.
C. The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account provided that the vendor is authorized by the insurer to hold such funds in an alternative manner and remits such amounts to the supervising entity within sixty days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may receive compensation for billing and collection services.
Acts 2012, No. 311, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1781.5. Suspension or revocation of license

RS 22:1781.5 - Suspension or revocation of license
A. If a vendor of portable electronics or its employee or authorized representative violates any provision of this Part or any other applicable provision of this Title, the commissioner may take any one or more of the following actions:
(1) Impose fines not to exceed five hundred dollars per violation or five thousand dollars in the aggregate for such conduct.
(2) Suspend or revoke the limited lines license of the vendor.
(3) Suspend the privilege of transacting portable electronics insurance at specific business locations where violations have occurred.
(4) Suspend or revoke the ability of individual employees or authorized representatives to act under the license of the vendor.
B. An aggrieved party affected by the commissioner's decision, act, or order may demand a hearing in accordance with Chapter 12 of this Title, R.S. 22:2191 et seq.
Acts 2012, No. 311, §1; Acts 2022, No. 185, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1781.6. Application for license and fees

RS 22:1781.6 - Application for license and fees
A. An application for a license pursuant to this Part shall be made to and filed with the commissioner on forms prescribed and furnished by the commissioner and shall include the legal name of the applicant, the address of the home office of the applicant, the name and identifying information for all officers, all directors and all persons who own directly or indirectly ten percent or more of the applicant and such other information as the commissioner may reasonably require. However, any applicant whose stock is publicly traded and registered under the federal securities laws or that is licensed pursuant to the Federal Communications Act of 1934, or any affiliate or subsidiary thereof, may, in lieu of providing the name and identifying information for all officers, all directors and all persons who own directly or indirectly ten percent or more of the applicant, designate a single officer as the designated responsible person for the activities of the vendor pursuant to the limited lines portable electronics insurance license. The name and identifying information only for such single designated responsible person is then required.
B. The application shall be accompanied by the fee pursuant to R.S. 22:821(B)(35).
C. Any vendor engaging in portable electronics insurance transactions on or before the effective date of this Part shall apply for licensure within ninety days of the application being made available by the commissioner.
D. Every license issued pursuant to this Part shall expire on December thirty-first of the renewal year assigned by the commissioner and may be renewed by the filing of a renewal application as required by the commissioner and payment of the fee required by R.S. 22:821(B)(35).
Acts 2012, No. 311, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1782.1. Definitions

RS 22:1782.1 - 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.
(c) Licensed insurance producer, including a limited lines producer, designated by an insurer as the travel insurance supervising entity as set forth in R.S. 22:1782.2(C).
(2) "Offer and disseminate" means to provide general information, including a description of the coverage and price, as well as process the application, collect premiums, and perform other nonlicensable activities permitted by the state.
(3)(a) "Travel insurance", except as provided in Subparagraph (b) of this Paragraph, means insurance coverage for personal risks incident to planned travel, including but not limited to the following:
(i) Interruption or cancellation of a trip or event.
(ii) Loss of baggage or personal effects.
(iii) Damages to accommodations or rental vehicles.
(iv) Sickness, accident, disability, or death occurring during travel.
(b) "Travel insurance" shall not mean major medical plans, which provide comprehensive medical protection for travelers with trips lasting six months or longer, including those working overseas as expatriates, or military personnel being deployed.
(4) "Travel retailer" means a business entity that makes, arranges, or offers travel services and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.
Acts 2014, No. 117, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1782.3. Compensation

RS 22:1782.3 - 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 direction of a limited lines travel insurance producer meeting the conditions stated in this Part, is authorized to do so and receive related compensation for such services, upon registration by the limited lines travel insurance producer as set forth in R.S. 22:1782.2(B).
Acts 2014, No. 117, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1793. License revocation and denial

RS 22:1793 - 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 material misrepresentation in the application for the license;
(2) The licensee or any officer, partner, member, or key management personnel has been convicted of fraudulent or dishonest practices, is subject to a final administrative action, or is otherwise shown to be untrustworthy or incompetent;
(3) The viatical settlement provider demonstrates a pattern of unreasonable payments to viators;
(4) The licensee or any officer, partner, member, or key management personnel has been found guilty of, or has pleaded guilty or nolo contendere to, any felony or to a misdemeanor involving fraud or moral turpitude, regardless of whether a judgment of conviction has been entered by the court;
(5) The viatical settlement provider utilizes any viatical settlement contract form, or any other form required to be approved, that has not been approved pursuant to this Part;
(6) The viatical settlement provider has failed to honor contractual obligations set out in a viatical settlement contract or a viatical settlement purchase agreement;
(7) The licensee no longer meets the requirements for initial licensure;
(8) The viatical settlement provider has assigned, transferred, or pledged a viaticated policy to a person other than a viatical settlement provider licensed in this state, viatical settlement purchaser, an accredited investor or qualified institutional buyer as defined respectively in Regulation D, Rule 501 or Rule 144A of the Federal Securities Act of 1933, as amended, financing entity, special purpose entity, or related provider trust;
(9) The licensee or any officer, partner, member, or key management personnel has violated any provision of this Part; or
(10) The licensee has failed to file the annual report required by this Part.
B. The commissioner may suspend, revoke, or refuse to renew the license of a viatical settlement broker, including the viatical settlement broker's insurance producer license, if the commissioner finds that such viatical settlement broker:
(1) Has violated the provisions of this Part;
(2) Has received a fee, commission, or other valuable consideration for his services with respect to viatical settlement transactions that involved unlicensed viatical settlement providers or viatical settlement brokers; or
(3) Deals in bad faith with viators.
C. An aggrieved party affected by the commissioner's decision, act, or order may demand a hearing in accordance with Chapter 12 of this Title, R.S. 22:2191 et seq.
Acts 2003, No. 343, §1; Acts 2006, No. 499, §1, eff. June 22, 2006; Redesignated from R.S. 22:192 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 317, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1794. Approval of viatical settlement contracts and disclosure statements

RS 22:1794 - 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. The commissioner shall disapprove a viatical settlement contract form, disclosure statement form, or advertising if, in the commissioner's opinion, the contract or advertising material or provisions contained therein are unreasonable, contrary to the interests of the public, otherwise misleading or unfair to the viator, or otherwise in violation of this Part. Each submission for approval shall be accompanied by a fee as required in R.S. 22:821.
Acts 2003, No. 343, §1; Redesignated from R.S. 22:192.1 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1795. Reporting requirements and privacy

RS 22:1795 - 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 authority granted by R.S. 22:1792(A)(1), shall file with the commissioner on or before March first of each year an annual statement containing such information as the commissioner may prescribe by regulation. Such information shall be limited to those transactions where the viator is a resident of this state. If there is more than one viator on a single policy and the viators are residents of different states, the viatical settlement shall be governed by the law of the state in which the viator having the largest percentage of ownership resides or, if the viators hold equal percentages of ownership, the state of residence of one viator agreed upon in writing by all viators.
B. Except as otherwise allowed or required by law, a viatical settlement provider, viatical settlement broker, viatical settlement investment agent, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity shall not disclose that identity as an insured, or the insured's financial or medical information to any other person unless the disclosure:
(1) Is necessary to effect a viatical settlement between the viator and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;
(2) Is necessary to effect a viatical settlement purchase agreement between the viatical settlement purchaser and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;
(3) Is provided in response to an investigation or examination by the commissioner or any other governmental officer or agency or pursuant to the requirements of R.S. 22:1801(C);
(4) Is a term of or condition to the transfer of a policy by one viatical settlement provider to another viatical settlement provider;
(5) Is necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of policies by a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;
(6) Is necessary to allow the viatical settlement provider or viatical settlement broker or their authorized representatives to make contacts for the purpose of determining health status; or
(7) Is required to purchase stop loss coverage.
Acts 2003, No. 343, §1; Acts 2006, No. 369, §1, eff. June 15, 2006; Redesignated from R.S. 22:193 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1799. Prohibited practices

RS 22:1799 - 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 two-year period commencing with the date of issuance of the insurance policy or certificate unless the viator certifies and submits independent evidence to the viatical settlement provider that one or more of the following conditions have been met within the two-year period:
(1) The viator or insured is terminally or chronically ill; or
(2) A final order, judgment, or decree is entered by a court of competent jurisdiction, on the application of a creditor of the viator, adjudicating the viator bankrupt or insolvent or approving a petition seeking reorganization of the viator or appointing a receiver, trustee, or liquidator to all or a substantial part of the viator's assets.
B.(1) Documents required by R.S. 22:1798(A) shall be submitted to the insurer when the viatical settlement provider submits a request to the insurer for verification of coverage. The copies shall be accompanied by a letter of attestation from the viatical settlement provider that the copies are true and correct copies of the documents received by the viatical settlement provider.
(2) If the viatical settlement provider submits to the insurer a copy of the owner or insured's certification described in Subsection A of this Section when the provider submits a request to the insurer to effect the transfer of the policy or certificate to the viatical settlement provider, the copy shall be deemed to conclusively establish that the viatical settlement contract satisfies the requirements of this Section and the insurer shall timely respond to the request.
Acts 2003, No. 343, §1; Acts 2006, No. 499, §1, eff. June 22, 2006; Redesignated from R.S. 22:195 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1802. Injunctions; civil remedies; cease and desist

RS 22:1802 - 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 jurisdiction and may apply for temporary and permanent orders that the commissioner determines are necessary to restrain the person from committing the violation.
B. Any person damaged by the acts of a person in violation of this Part may bring a civil action against the person committing the violation in a court of competent jurisdiction.
C. A violation of this Part attendant to the execution of a viatical settlement purchase agreement renders the viatical settlement purchase agreement voidable and subject to rescission by the viatical settlement purchaser, upon return of the policy received to the viatical settlement provider. Suit for rescission may be brought in a court of competent jurisdiction or where the alleged violator resides or has a principal place of business or where the alleged violation occurred.
D. The commissioner may issue a cease and desist order upon a person that violates any provision of this Part, any regulation or order adopted by the commissioner, or any written agreement entered into with the commissioner.
E. When the commissioner finds that an activity in violation of this Part presents an immediate danger to the public that requires an immediate final order, the commissioner may issue an emergency cease and desist order reciting with particularity the facts underlying the findings. The emergency cease and desist order is effective immediately upon service of a copy of the order on the respondent and remains effective for ninety days. If the commissioner begins nonemergency cease and desist proceedings, the emergency cease and desist order remains effective, absent an order by a court of competent jurisdiction pursuant to Chapter 12 of this Title.
Acts 2003, No. 343, §1; Redesignated from R.S. 22:198 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
NOTE: Former R.S. 22:1802 redesignated as R.S. 22:363 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1803. Unfair trade practices

RS 22:1803 - 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. Jan. 1, 2009.
NOTE: Former R.S. 22:1803 redesignated as R.S. 22:364 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1804. Authority to adopt regulations

RS 22:1804 - 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 viatical settlement contracts for persons who are terminally or chronically ill. This authority includes but is not limited to regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a life insurance policy;
(3) Establish appropriate licensing requirements and standards for continued licensure for viatical settlement providers, brokers, and investment agents;
(4) Require a bond or other mechanism for financial accountability for viatical settlement providers and brokers; and
(5) Adopt rules governing the relationship and responsibilities of both insurers and viatical settlement providers, viatical settlement brokers, and viatical settlement investment agents during the viatication of a life insurance policy or certificate.
Acts 2003, No. 343, §1; Redesignated from R.S. 22:200 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
NOTE: Former R.S. 22:1804 redesignated as R.S. 22:365 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1805. Applicability

RS 22:1805 - 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 institutions or his designee acting pursuant to R.S. 6:101 et seq. or R.S. 51:701 et seq. Compliance with the provisions of this Part does not constitute compliance with any applicable provision of R.S. 6:101 et seq. or R.S. 51:701 et seq. and any amendments thereto or any regulations, orders, policy statements, notices, bulletins, or other interpretations issued by or through the commissioner of financial institutions or his designee acting pursuant to the provisions of R.S. 6:101 et seq. or R.S. 51:701 et seq.
Acts 2006, No. 499, §1, eff. June 22, 2006; Redesignated from R.S. 22:200.1 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
NOTE: Former R.S. 22:1805 redesignated as R.S. 22:366 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1806. Redesignated as R.S. 22:367 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1806 - Redesignated as R.S. 22:367 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1807. Redesignated as R.S. 22:368 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1807 - Redesignated as R.S. 22:368 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1807.1. Registration required

RS 22:1807.1 - Registration required
A. No person shall act as, or hold himself out to be, an appraiser in accordance with the provisions of R.S. 22:1311(F)(2) unless such person is registered with the commissioner of insurance as an appraiser.
B. Each person shall register with the commissioner on a form to be prescribed by the commissioner and shall pay the fee required by R.S. 22:821(B)(34).
C. Each registration submitted pursuant to this Part shall expire each year on the anniversary date and may be renewed by filing a request for renewal on a form to be prescribed by the commissioner and by paying the renewal fee required by R.S. 22:821(B)(34).
Acts 2012, No. 96, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1807.2. Rules and regulations

RS 22:1807.2 - Rules and regulations
The commissioner of insurance is hereby authorized to adopt such regulations, in accordance with the Administrative Procedure Act, as are necessary to effectuate the requirements of this Part to regulate registration of appraisers for fire and extended coverage.
Acts 2012, No. 96, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1807.3. Enforcement

RS 22:1807.3 - Enforcement
The commissioner is hereby authorized to take whichever actions are 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 regulations or may issue an order prohibiting a person from acting as an appraiser and may rescind the registration of any person, if the person has violated this Part or the commissioner's regulations or orders.
Acts 2012, No. 96, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1808. Redesignated as R.S. 22:369 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.

RS 22:1808 - Redesignated as R.S. 22:369 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1808.1. License required

RS 22:1808.1 - 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, counsel, opinion, or related services with respect to risk evaluation or management, the benefits, coverages, exclusions, or provisions under any policy of insurance to be issued in this state, or involving the advantages or disadvantages of any such policy of insurance, or any formal plan of managing risk.
(2) "Insurance consultant" for the purposes of this Part shall not include:
(a) Attorneys while working in the capacity of an attorney.
(b) Litigation support or insurance expert witness services related to litigated matters.
(c) Claims adjusters.
(d) Public adjusters, appraisers, contractors, or engineers engaged in the settlement of insurance claims, who do not have a direct or indirect financial interest in any aspect of the claim, other than the compensation established in the written contract with the insured.
(e) A licensed insurance producer who offers advice or consulting with respect to any of the following, regardless of whether the insurance producer is compensated by commission or agency fees for such advice, consulting, or services:
(i) Risk evaluation or management, risk transfer, self-insurance, self-insured retention programs.
(ii) The benefits, coverages, exclusions, or provisions under any policy of insurance.
(iii) The advantages or disadvantages of any policy of insurance or plan of managing risk.
(iv) Any other advice, consulting, or related policyholder services in conjunction with risk and insurance programs provided as an insurance producer.
(f) Loss control and accident prevention consultants.
(g) Certified public accountants while working in their capacity as an accountant.
(h) Actuaries who are members of the American Academy of Actuaries (MAAA).
Acts 2016, No. 312, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1808.2. Examination

RS 22:1808.2 - 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 made, the duties and responsibilities of an insurance consultant, and the insurance laws and regulations of this state. Examinations required by this Part shall be developed and conducted under rules and regulations prescribed by the commissioner of insurance.
B.(1) If the applicant is a partnership, corporation, or other business entity, the examination shall be taken by each individual who is to be named in or registered on the license for the partnership, corporation, or other business entity and who is engaged in insurance consulting, and by all insurance consultant employees of such entity.
(2) Each line of insurance which the applicant proposes to consult under the license applied for shall require an examination to be taken.
(3) The applicant shall pass the examination with a score at or above seventy percent to indicate a satisfactory knowledge and understanding of each line of insurance for which the applicant seeks qualification.
C.(1) - (5) Repealed by Acts 2022, No. 273, §2, eff. June 3, 2022.
(6) A person who already holds an insurance producer license for a line of business shall be exempt from any examination requirements for an insurance consultant license for the same line of business.
D. All examinations shall be conducted frequently and at a place or places reasonably accessible to all applicants. The commissioner of insurance shall promulgate reasonable rules and regulations providing the procedure for the examinations.
E. The content of the examination may be outlined in the licensing information handbook provided to applicants by the Department of Insurance, publishers of examination study materials, and others wishing to provide this information.
F. The commissioner may contract, in accordance with R.S. 39:1551 et seq., with one or more private testing services for administering examinations and collecting examination fees. The commissioner may require that the applicant pay the cost of the examination directly to the testing firm.
G. A person who fails to appear for the examination as scheduled, or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
H. The commissioner of insurance may provide to a testing service provider under contract with the Department of Insurance any demographic information received by the department on applications relating to examinations taken to qualify for an insurance consultant license if the commissioner requires the provider to review and analyze examination results in conjunction with the education level, gender, native language, race, or ethnicity of examinees.
Acts 2016, No. 312, §1; Acts 2022, No. 273, §§1, 2, eff. June 3, 2022.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1808.6. Exemption from examination

RS 22:1808.6 - Exemption from examination
A. An individual who applies for an insurance consultant license in this state who was previously licensed as a resident insurance consultant for the same lines of authority in another state shall not be required to complete an examination. This exemption is available only if the person is currently licensed in that state or if the application is received within ninety days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or by the National Association of Insurance Commissioners, its affiliates or subsidiaries, and the certification indicates that the consultant is or was licensed in good standing for the line of authority requested.
B. A person licensed as an insurance consultant in another state who moves to this state shall make application within ninety days of establishing legal residence in this state to become a resident licensee pursuant to R.S. 22:1808.3. No examination shall be required of that person to obtain a consultant license for any line of authority previously held in the prior state except where the commissioner determines otherwise by regulation.
C. Resident applicants shall be exempt from the requirement of an examination for a license covering the same line or lines of insurance for which the applicant was licensed under a similar license in this state within two years from the date of expiration of the previous license, unless such previous license was revoked or suspended or renewal was refused by the commissioner.
Acts 2016, No. 312, §1; Acts 2022, No. 273, §1, eff. June 3, 2022.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1808.7. Assumed names

RS 22:1808.7 - Assumed names
A. An insurance consultant doing business under any name other than the consultant's legal name is required to notify the commissioner of insurance prior to using the assumed name. Prior to the use of or changes to any trade name or names, an insurance consultant shall provide written notification of such use or change to the commissioner, on a form prescribed by the commissioner. A certified copy of registration from the secretary of state shall accompany the application for a trade name.
B. The use by any insurance consultant of a nonapproved trade name shall subject such person to a fine not exceeding two hundred fifty dollars. Additionally, if the insurance consultant continues to utilize a nonapproved trade name for ten or more days after being notified by the commissioner to cease using the nonapproved trade name, the insurance consultant will be subject to an additional fine not to exceed five thousand dollars. If applicable, an insurance consultant shall comply with the provisions of R.S. 51:281 et seq.
Acts 2016, No. 312, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1808.9. Commissions

RS 22:1808.9 - Commissions
A. No person or business entity licensed and acting as an insurance consultant under a written agreement pursuant to R.S. 22:1808.11, shall accept any commission, service fee, brokerage, or other valuable consideration for selling, soliciting, or negotiating insurance in this state.
B.(1) No member of an insurance advisory committee of any state agency, board, commission, or of any political subdivision of this state, including but not limited to school boards, levee boards, deep water port commissions, deep water port, harbor and terminal districts, and the Louisiana Stadium and Exposition District, shall split, pass on, or share with any insurance consultant or other person who is not a member of his own firm or corporation and is not a member of such an insurance advisory committee, all or any portion of the commission derived by such committee from the purchase of insurance by such state agency, board, commission, or political subdivision of the state without express authorization by official action of such state agency, board, commission, or political subdivision of the state. Any insurance consultant or other person who is not a member of such firm or corporation and is not a member of such an insurance advisory committee who receives without authorization all or any portion of such commission shall also be in violation of this Section.
(2) Any person who violates the provisions of this Section shall, upon conviction, be fined not less than one thousand dollars, nor more than five thousand dollars per violation, or imprisoned for not more than two years, or both.
(3) Any conviction for a violation of the provisions of this Section shall constitute grounds for suspension or revocation by the commissioner of insurance of the license of such insurance consultant, in addition to those grounds of R.S. 22:1808.8.
Acts 2016, No. 312, §1.
2023 Louisiana Laws › Revised Statutes › Title 22 - Insurance › §22:1808.10. Reciprocity; non-reciprocal states or other jurisdictions

RS 22:1808.10 - 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 home state awards nonresident licenses to residents of this state on the same basis.
B. A nonresident consultant's satisfaction of his home state's continuing education requirements for licensed insurance consultants shall constitute satisfaction of this state's continuing education requirements if the nonresident consultant's home state recognizes the satisfaction of its continuing education requirements imposed upon consultants from this state on the same basis.
C. Whenever, by the laws or regulations of any other state or jurisdiction, any limitation of rights and privileges, conditions precedent, or any other requirements are imposed upon residents of this state who are nonresident applicants or licensees of such other state or jurisdiction in addition to, or in excess of, those imposed on nonresidents pursuant to this Part, the same such requirements shall be imposed upon such residents of such other state or jurisdiction. This Part shall not apply to fees, which shall be as authorized by R.S. 22:821.
Acts 2016, No. 312, §1.