reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 89 - Regulation 70-Replacement of Life Insurance and Annuities › Subchapter A - General Provisions › Section XIII-8907 - Duties of Producers

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  producer who initiates an application shall submit to the insurer, with or as
				  part of the application, a statement signed by both the applicant and the
				  producer as to whether the applicant has existing policies or contracts.
1. If the applicant indicates that there are
				  no existing policies or contracts, then the producer's duties with respect to
				  replacement are complete.
2. If the
				  applicant indicates that there are existing policies or contracts, the producer
				  shall present and read to the applicant, not later than at the time of taking
				  the application, a notice regarding replacements in the form as described in
				  Appendix A or other substantially similar form approved by the Commissioner of
				  Insurance; provided, however, no approval shall be required when amendments to
				  the notice are limited to the omission of references not applicable to the
				  product being sold or replaced. The notice shall be signed by both the
				  applicant and the producer attesting that the notice has been read aloud by the
				  producer or that the applicant did not wish the notice to be read aloud and
				  that it was left with the applicant.
3. Notwithstanding Paragraph A.2 above, when
				  the sales presentation is conducted by electronic means and all signatures are
				  obtained via electronic signature technology, the meaning of "at the time of
				  taking the application" shall be extended to allow for the Producer's
				  submission of electronic information to the company. The requirements of
				  Paragraph A.2 are deemed met when a copy of the required replacement notice
				  electronically signed at the presentation is provided to the applicant within
				  two business days following submission of the case to the company. In no event
				  shall the time for providing the notice exceed five business days from the date
				  the applicant signed the application.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 89 - Regulation 70-Replacement of Life Insurance and Annuities › Subchapter A - General Provisions › Section XIII-8909 - Duties of Insurers that Use Producers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Insurers shall maintain a system of
				  supervision and control to insure compliance with the requirements of this
				  regulation, including at least the following:
1. informing its producers of the
				  requirements of this regulation and incorporate the requirements of this
				  regulation into all relevant producer training manuals prepared by the
				  insurer;
2. providing its producers
				  a written statement of the company's position with respect to the acceptability
				  of replacements and giving guidance to its producers as to the appropriateness
				  of these transactions;
3. a system
				  to review the appropriateness of each replacement transaction that the producer
				  does not indicate is in accord with Paragraph 2 above;
4. procedures to confirm that the
				  requirements of this regulation have been met; and
5. procedures to detect transactions that are
				  replacements of existing policies or contracts by the existing insurer, but
				  that have not been reported as such by the applicant or producer. Compliance
				  with this Subsection may include, but shall not be limited to, systematic
				  customer surveys, interviews, confirmation letters, or programs of internal
				  monitoring.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 89 - Regulation 70-Replacement of Life Insurance and Annuities › Subchapter A - General Provisions › Section XIII-8911 - Duties of Replacing Insurers that Use Producers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where a replacement is involved in the
				  transaction, the replacing insurer shall:
1.
				  verify that the required forms are received and are in compliance with this
				  regulation;
2. notify any other
				  existing insurer that may be affected by the proposed replacement within five
				  business days of receipt of a completed application indicating replacement or
				  when the replacement is identified if not indicated on the
				  application;
3. mail a copy of the
				  available illustration or policy summary for the proposed policy or available
				  disclosure document for the proposed contract within five business days of a
				  request from an existing insurer;
4. be able to produce copies of the
				  notification regarding replacement required in §8907 B, indexed by producer,
				  for at least five years or until the next regular examination by the insurance
				  department of its state of domicile, whichever is later; and
5. provide to the policy or contract owner
				  notice of the right to return the policy or contract within 30 days of the
				  delivery of the contract and receive an unconditional full refund of all
				  premiums or considerations paid, including any policy fees or charges or, in
				  the case of a variable or market value adjustment policy or contract, a payment
				  of the cash surrender value provided under the policy or contract plus the fees
				  and other charges deducted from the gross premiums or considerations or imposed
				  under such policy or contract; such notice may be included in Appendix A or
				  C.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 89 - Regulation 70-Replacement of Life Insurance and Annuities › Subchapter A - General Provisions › Section XIII-8913 - Duties of the Existing Insurer

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Where a replacement is involved in the transaction, the existing insurer shall:
1. retain and be able to produce all
				  replacement notifications received, indexed by replacing insurer, for at least
				  five years or until the conclusion of the next regular examination conducted by
				  the insurance department of its state of domicile, whichever is
				  later;
2. send a letter to the
				  policy or contract owner of the right to receive information regarding the
				  existing policy or contract values including, if available, an in force
				  illustration or policy summary if an in force illustration cannot be produced
				  within five business days of receipt of a notice that an existing policy or
				  contract is being replaced. The information shall be provided within five
				  business days of receipt of the request from the policy or contract
				  owner;
3. upon receipt of a request
				  to borrow, surrender or withdraw any policy values, send to the applicant a
				  notice, advising the policy owner that the release of policy values may affect
				  the guaranteed elements, non-guaranteed elements, face amount or surrender
				  value of the policy from which the values are released. The notice shall be
				  sent separate from the check if the check is sent to anyone other than the
				  policy owner. In the case of consecutive automatic premium loans, the insurer
				  is only required to send the notice at the time of the first loan.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 89 - Regulation 70-Replacement of Life Insurance and Annuities › Subchapter A - General Provisions › Section XIII-8915 - Duties of Insurers with Respect to Direct Response Solicitations

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the case of
				  an application that is initiated as a result of a direct response solicitation,
				  the insurer shall require, with or as part of each completed application for a
				  policy or contract, a statement asking whether the applicant, by applying for
				  the proposed policy or contract, intends to replace, discontinue or change an
				  existing policy or contract. If the applicant indicates a replacement or change
				  is not intended or if the applicant fails to respond to the statement, the
				  insurer shall send the applicant, with the policy or contract, a notice
				  regarding replacement, as provided in Appendix B, or other substantially
				  similar form approved by the Commissioner of Insurance.
B. If the insurer has proposed the
				  replacement or if the applicant indicates a replacement is intended and the
				  insurer continues with the replacement, the insurer shall:
1. provide to applicants or prospective
				  applicants, with the policy or contract, a notice as provided in Appendix C, or
				  other substantially similar form approved by the Commissioner of Insurance. In
				  these instances the insurer may delete the references to the producer,
				  including the producer's signature, and references not applicable to the
				  product being sold or replaced, without having to obtain approval of the form
				  from the Commissioner of Insurance. The insurer's obligation to obtain the
				  applicant's signature shall be satisfied if the insurer can demonstrate that it
				  has made a diligent effort to secure a signed copy of the notice referred to in
				  this Paragraph. The requirement to make a diligent effort shall be deemed
				  satisfied if the insurer includes in the mailing a self-addressed postage
				  prepaid envelope with instructions for the return of the signed notice referred
				  to in this Section; and
2. comply
				  with the requirements of §8911. A.2 and A.3 if the applicant furnishes the
				  names of the existing insurers, and shall comply with the requirements of
				  §8911. A 4, §8911. A.5 and §8911. B
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 89 - Regulation 70-Replacement of Life Insurance and Annuities › Subchapter A - General Provisions › Section XIII-8917 - Violations and Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  failure to comply with this regulation shall be considered a violation of
				  R.S.
				  22:1964. Examples of violations include:
1. any deceptive or misleading information
				  set forth in sales material; or
2.
				  failing to ask the applicant in completing the application the pertinent
				  questions regarding the possibility of financing or replacement; or
3. the intentional incorrect recording of an
				  answer; or
4. advising an applicant
				  to respond negatively to any question regarding replacement in order to prevent
				  notice to the existing insurer; or
5. advising a policy or contract owner to
				  write directly to the company in such a way as to attempt to obscure the
				  identity of the replacing producer or company;
6. the company's failure to provide the
				  applicant a hard copy of the required replacement notice within two business
				  days following the submission of a case conducted by electronic means. All such
				  provisions must occur no later than five business days from the date of
				  applicant's signing the application.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 89 - Regulation 70-Replacement of Life Insurance and Annuities › Subchapter A - General Provisions › Section XIII-8919 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except for
				  the provisions contained in §8909, this regulation shall be effective July 1,
				  2000. The provisions contained in
				  §8909 shall be effective and take
				  effect on January 1, 2001.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 22:3 and
					 R.S.
					 22:644.1.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 89 - Regulation 70-Replacement of Life Insurance and Annuities › Subchapter A - General Provisions › Section XIII-8923 - Appendix B-Replacement Notice

Current through Register Vol. 50, No. 6, June 20, 2024
NOTICE REGARDING REPLACEMENT
REPLACING YOUR LIFE INSURANCE POLICY OR ANNUITY
Are you thinking about buying a new life insurance policy
					 or annuity and discontinuing or changing an existing one? If you are, your
					 decision could be a good one-or a mistake. You will not know for sure unless
					 you make a careful comparison of your existing benefits and the proposed policy
					 or contract's benefits.
Make sure you understand the facts. You should ask the
					 company or agent that sold you your existing policy or contract to give you
					 information about it.
Hear both sides before you decide. This way you can be sure
					 you are making a decision that is in your best interest.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 22:3 and
					 R.S.
					 22:644.1.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 90 - Regulation 72-Commercial Lines Insurance Policy Form Deregulation › Section XIII-9001 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation
				is adopted pursuant to
				R.S.
				22:861.F.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:861.F.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 90 - Regulation 72-Commercial Lines Insurance Policy Form Deregulation › Section XIII-9003 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to allow for more flexibility in the placement of insurance
				with large commercial risks within the parameters of the admitted market by
				establishing an exemption from the form filing, review and approval
				requirements of the Louisiana Insurance Code, and to adopt the initial
				definition of an "exempt commercial policyholder". The exemption implemented
				under this regulation is predicated upon the continued existence of an open and
				competitive market and the good faith of insurers in carrying out the fiduciary
				obligations owed to their insureds.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:861.F.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 90 - Regulation 72-Commercial Lines Insurance Policy Form Deregulation › Section XIII-9005 - Scope and Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation applies to all authorized insurers engaged in the business of
				writing commercial risk property and casualty insurance in this
				state.
B. This regulation governs
				the circumstances under which an insurer may issue an insurance policy to a
				policyholder without first filing the forms with and obtaining approval of the
				Commissioner of Insurance.
C. The
				exemption granted by this regulation is limited in scope to certain commercial
				risk insurance issued to special commercial entities as provided for in
				§9011 of this regulation,
				respectively.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3.,
				  R.S.
				  22:620.F.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 90 - Regulation 72-Commercial Lines Insurance Policy Form Deregulation › Section XIII-9007 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any Section
				or provision of this regulation is held invalid, such invalidity shall not
				affect other Sections or provisions which can be given effect without the
				invalid Section or provision, and for this purpose the Sections and provisions
				of this regulation are severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and
				  R.S.
				  22:620.F.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 90 - Regulation 72-Commercial Lines Insurance Policy Form Deregulation › Section XIII-9009 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of this regulation the following terms shall have the meaning ascribed herein,
				unless the context clearly indicates otherwise.
Affiliated Group
-two or more persons who are
				  owned or controlled directly or indirectly though one or more intermediaries
				  by, or are under common control with, the person specified (i.e., the named
				  insured) and includes a subsidiary.
Authorized Insurer
-shall have the meaning
				  found in
				  R.S.
				  22:46(3).
COI
-the Commissioner of Insurance for the
				  state of Louisiana.
Commissioner
-the commissioner of insurance
				  for the state of Louisiana.
Commercial Risk
-any kind of risk that is not
				  a personal risk.
Competitive Market
-a market in which a
				  reasonable degree of competition exists or which has not been found to be in
				  violation of
				  R.S. 22:1961
				  et seq. In determining whether a reasonable degree of competition exists within
				  a line of insurance, the commissioner shall consider the following
				  factors:
a. the number of insurers
				available to write the coverage;
b.
				market shares of the leading writers and the changes in market shares over a
				reasonable period of time;
c.
				existence of financial or economic barriers that could prevent new firms from
				entering the market;
d. measures of
				market concentration and changes of market concentration over time;
e. whether long-term profitability for
				insurers in the market is reasonable in relation to industries of comparable
				business risk; and
f. the
				relationship of insurers' cost to revenue over a reasonable period of time.
Insurer
-shall have the meaning found in
				  R.S.
				  22:46(10).
LDOI
-the Louisiana Department of
				  Insurance.
LIRC
-the Louisiana Insurance Rating
				  Commission.
Person
-any individual, company, insurer,
				  association, organization, reciprocal or inter-insurance exchange, partnership,
				  business, trust, limited liability company, or corporation.
Personal Risk
-homeowners, tenants, private
				  passenger nonfleet automobile, mobile home and other property and casualty
				  insurance for personal, family or household needs.
State
-the state of
				  Louisiana.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 90 - Regulation 72-Commercial Lines Insurance Policy Form Deregulation › Section XIII-9011 - Types of Coverage Exempt from Form Filing and Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A. All kinds of commercial property and
				casualty insurance, including but not limited to Commercial Property, Boiler
				and Machinery, Commercial Auto, General Liability, Directors and Officers,
				Business Owners and Inland Marine insurance, written on commercial risks are
				exempt from the form filing and approval provisions of
				R.S.
				22:861 if the policy is issued to an exempt
				commercial policyholder as defined in
				§9013 of this regulation, except for
				the following kinds:
1. worker's compensation
				and employer's liability insurance;
2. professional liability
				insurance.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 90 - Regulation 72-Commercial Lines Insurance Policy Form Deregulation › Section XIII-9013 - Special Commercial Entities

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Special Commercial Entity
-a person who meets the criteria for
				an
exempt commercial policyholder
.
B. An
Exempt Commercial
				Policyholder
-any person who applies for or procures commercial risk
				insurance, of the kinds provided for in §9011, and meets the following
				criteria:
1. has and maintains aggregate
				annual commercial insurance premiums, excluding worker's compensation and
				employer's liability, and professional liability insurance premiums, of more
				than $200,000 in the preceding fiscal year. In determining whether this
				threshold has been met, premiums paid to one or more insurers are to be added
				together to reach the total aggregate;
2. at the time the policy is issued the
				policyholder must have:
a. if a single company
				not less than 50 employees;
b. if a
				member of an affiliated group not less than 100 employees
				collectively;
c. if a municipality
				a population of not less than 50,000; and
d. if a public entity an operating budget of
				not less than $20 million for the most recently completed calendar or fiscal
				year whichever applies;
3. has signed the certification form as
				provided for in §9015. B of this regulation.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 90 - Regulation 72-Commercial Lines Insurance Policy Form Deregulation › Section XIII-9017 - Requirements for Maintaining Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any insurer who places insurance with an
				exempt commercial policyholder, pursuant to this regulation, shall maintain a
				record on the exempt commercial policyholder. The record shall contain, in
				addition to the certification form, the following information:
1. any data, statistics, rates, rating plans,
				rating systems and underwriting rules used in underwriting and issuing such
				policies;
2. a copy of the policy
				with date of issuance clearly marked;
3. annual experience data on each risk
				insured, including but not limited to:
a.
				written premiums;
b. written
				premiums at a manual rate;
c. paid
				losses;
d. outstanding
				losses;
e. loss adjustment
				expenses;
f. underwriting
				expenses;
g. underwriting profits;
				and
h. profits from contingencies;
				and
4. a record of all
				complaints including the date the complaint was made, the name of the
				complainant, the nature of the complaint and the final resolution.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 90 - Regulation 72-Commercial Lines Insurance Policy Form Deregulation › Section XIII-9019 - Exempt Policy Forms

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Commercial risk property and casualty policy forms which would otherwise have
				to be filed with and approved by the commissioner are exempt from this
				requirement if issued to an exempt commercial policyholder. The exemption of
				the policy form from the requirement that it be filed with and approved by the
				commissioner is not to be taken by an insurer to mean that an insurance
				contract confected by the use of such a policy form, or policy forms, may in
				any manner be inconsistent with the statutory law of this state or public
				policy as expressed by the courts of this state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2,
				  R.S.
				  22:11,
				  R.S.
				  22:861, and
				  R.S. 22:1961
				  et seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 90 - Regulation 72-Commercial Lines Insurance Policy Form Deregulation › Section XIII-9021 - Penalties for Failure to Comply

Current through Register Vol. 50, No. 6, June 20, 2024
A. The exemption created by this regulation
				is a limited one and insurers must strictly comply with the conditions creating
				the exemption. Failure to comply with the regulation by any person subject to
				its provisions, after proper notice, may result in the imposition of such
				penalties as are authorized by law. An aggrieved party affected by the
				commissioner's decision, act, or order may demand a hearing in accordance with
				R.S. 22:2191
				et seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:2,
				  R.S.
				  22:11,
				  R.S.
				  22:18,
				  R.S.
				  22:861,
				  R.S. 22:1961
				  et seq., and
				  R.S.
				  22:1554.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 91 - Regulation 68-Patient Rights under Health Insurance Coverage in Louisiana › Section XIII-9101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to clarify the rights of insureds and requirements for
				health insurance coverage approved under Title 22 of the Louisiana Revised
				Statutes of 1950. Title 22 of the Louisiana Revised Statutes of 1950
				establishes the statutory requirements that health insurance coverage must meet
				to be issued for delivery in Louisiana. The statutory requirements also
				establish the intent of the legislature to afford patients with health
				insurance coverage, basic rights to access covered benefits without undue
				delays or denials based on arbitrary determinations of medical necessity. The
				statutory requirements also establish the legislative intent to prohibit the
				use of a health insurance coverage requirement or procedure that impinges on
				the ability of the insured patient to receive appropriate medical advice and/or
				treatment from a health care provider.
B. To carry out the intent of the legislature
				and assure full compliance with the provisions of applicable statutory
				requirements, this regulation sets forth the patient rights under health
				insurance coverage policies or plans issued for delivery in this
				state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and
				  R.S.
				  22:2014
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 91 - Regulation 68-Patient Rights under Health Insurance Coverage in Louisiana › Section XIII-9105 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
				as otherwise specifically provided, the requirements of this regulation apply
				to all health insurance coverage issued for delivery in the state of Louisiana
				that is otherwise subject to the statutory requirements of Part VI-C of Chapter
				1 of Title 22 of the Louisiana Revised Statutes of 1950.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and
				  R.S.
				  22:2014
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 91 - Regulation 68-Patient Rights under Health Insurance Coverage in Louisiana › Section XIII-9109 - Patient Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Under Louisiana law, formal managed care plans operated by health maintenance
				organizations are held to a higher standard than other health insurance
				coverage plans that include managed care options. All materials provided by a
				health insurance coverage plan should be carefully reviewed prior to making a
				purchasing decision. Managed care requirements under each health insurance
				coverage plan may vary significantly. For this reason, all patient requirements
				should be carefully reviewed to assure there is no misunderstanding regarding
				how medical coverage will be provided.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and
				  R.S.
				  22:2014.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 93 - Regulation Number 80-Commercial Lines Insurance Rate Deregulation (Repealed) › Section XIII-9301 - Authority (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and R.S.
				  22:1401.1D.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 93 - Regulation Number 80-Commercial Lines Insurance Rate Deregulation (Repealed) › Section XIII-9303 - Purpose (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and R.S.
				  22:1401.1D.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 93 - Regulation Number 80-Commercial Lines Insurance Rate Deregulation (Repealed) › Section XIII-9305 - Scope and Applicability (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and R.S.
				  22:1401.1D.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 93 - Regulation Number 80-Commercial Lines Insurance Rate Deregulation (Repealed) › Section XIII-9307 - Severability (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and R.S.
				  22:1401.1D.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 93 - Regulation Number 80-Commercial Lines Insurance Rate Deregulation (Repealed) › Section XIII-9309 - Definitions (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and R.S.
				  22:1401.1D.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 93 - Regulation Number 80-Commercial Lines Insurance Rate Deregulation (Repealed) › Section XIII-9311 - Types of Insurance Exempt from Rate Filing and Approval Process (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and R.S.
				  22:1401.1D.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 93 - Regulation Number 80-Commercial Lines Insurance Rate Deregulation (Repealed) › Section XIII-9313 - Exempt Rates (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and R.S.
				  22:1401.1D.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 93 - Regulation Number 80-Commercial Lines Insurance Rate Deregulation (Repealed) › Section XIII-9315 - Noncompetitive Market; Public Notice and Hearing (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and R.S.
				  22:1401.1D.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 93 - Regulation Number 80-Commercial Lines Insurance Rate Deregulation (Repealed) › Section XIII-9317 - Disciplinary Hearings; Fines (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and R.S.
				  22:1401.1D.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 93 - Regulation Number 80-Commercial Lines Insurance Rate Deregulation (Repealed) › Section XIII-9319 - Effective Date (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and R.S.
				  22:1401.1D.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9501 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation
				is adopted pursuant to
				R.S.
				22:11 and
				22:1482.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11 and
				  R.S.
				  22:1482.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9503 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to implement the provisions of Acts 2004, No. 770 of the
				Louisiana Legislature, Regular Session, as well as to implement the amendment
				thereto as set forth in Acts 2005, No 408 of the Louisiana Legislature, Regular
				Session. The original law created an insurance premium discount program for
				active military personnel based in Louisiana. The amendment creates a program
				whereby an insurer is entitled to a tax credit against the premium taxes
				imposed under
				R.S.
				22:838 and
				R.S.
				22:831 for the amount of the military
				discount provided to qualified active military personnel for the liability
				portion of their personal automobile liability policy. Both laws require the
				commissioner to adopt a regulation to implement the military discount program
				and to develop procedures for an insurer to follow to claim a tax credit and
				for other related matters.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11 and
				  R.S.
				  22:1482.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9505 - Scope and Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation applies to all motor vehicle insurers authorized to engage in the
				business of writing personal automobile liability insurance in this state. It
				is also applicable to any personal automobile liability insurance policy
				purchased in this state from an authorized insurer by active military personnel
				based in Louisiana to cover personal motor vehicles owned and/or insured by
				such active military personnel.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and
				  R.S.
				  22:1425.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9507 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any Section
				or provision of this regulation is held invalid, such invalidity shall not
				affect other Sections of provisions which can be given effect without the
				invalid Section or provision. For this purpose the Sections and provisions of
				this regulation are severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and
				  R.S.
				  22:1425.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9509 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of this regulation the following terms shall have the meaning ascribed herein
				unless the context clearly indicates otherwise.
Active Military Personnel
-
a. a single or married person who is based in
				this state and serving on full time active duty status in the military as a
				member of:
i. the Army, Navy, Marine Corps or
				Air Force; or
ii. the Reserve or
				National Guard; or
iii. the Coast
				Guard.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9513 - Requests for Tax Credit; Documentation; Dispute Resolution

Current through Register Vol. 50, No. 6, June 20, 2024
A. The tax credit authorized by
				R.S.
				22:1482(B), as amended, will
				be requested by an insurer on an annual calendar year basis. The tax credit
				will be calculated based upon direct written premium. An insurer is eligible to
				receive a tax credit against the premium tax levied pursuant to
				R.S.
				22:838 and
				R.S.
				22:831 if it is an authorized insurer and the
				insurer makes a timely request for the tax credit.
B. Insurers seeking a tax credit shall submit
				a request for premium tax credit to the LDI in accordance with the reporting
				schedule for premium taxes levied pursuant to
				R.S.
				22:838 and 831 as set forth in the reporting
				form(s) designed by the commissioner. Insurers shall submit the information
				required to be maintained by
				§9515.B of this
				regulation. A premium tax filing with the tax credit authorized hereunder that
				does not include the proof required by this regulation will be considered
				untimely.
C. If the commissioner
				approves the premium tax filing as being both timely filed and containing all
				proof required by this regulation, there shall be a rebuttable presumption in
				favor of the insurer that the insurer is entitled to the tax credit against the
				premium taxes levied pursuant to
				R.S.
				22:838 and
				R.S.
				22:831.
D. The commissioner may disapprove a tax
				credit either in whole to the extent that the entire premium tax filing is
				defective, untimely or improperly documented, or in part to the extent that one
				portion of the premium tax filing is defective, untimely or improper, but the
				other portion of the premium tax filing is in compliance with §9513 of this
				regulation. The commissioner shall use the following criteria with regard to
				the disapproval, in whole or in part, of a premium tax filing, to wit:
1. the premium tax filing is submitted late,
				unless the insurer can show good cause for the delay;
2. the premium tax filing is incomplete or
				required documents are missing;
3.
				the premium tax filing is excessive because a military discount was given to a
				person who was not eligible to receive said military
				discount.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9515 - Recordkeeping; Annual Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				insurer issuing an automobile liability insurance policy to an individual who
				qualifies for the military discount program shall maintain the following
				records:
1. the items obtained in compliance
				with §9511 of this
				regulation;
2. a copy of the
				declarations page for each policy for which a tax credit is sought.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9517 - Overpayments; Collection Proceedings; Fines and Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. If an insurer is examined or audited by
				the commissioner and it is determined that the insurer received a tax credit in
				excess of the amount actually due and owing, then the commissioner shall have
				authority to order the insurer to refund the overpayment to the commissioner.
				The commissioner shall promptly notify his staff of his determination and
				provide his staff with a copy of his order.
B. The commissioner shall have standing to
				institute legal proceedings to collect the amount of any tax credit overpayment
				and any such proceedings shall be brought in the Nineteenth Judicial District
				Court. The commissioner's order shall be prima facie proof of the amount due
				and owing. If legal proceedings are instituted, the commissioner shall be
				entitled to an additional 20 percent of the amount of the tax credit
				overpayment found to be due and owing for the cost of collection.
C. An insurer's failure or refusal to refund
				a tax credit overpayment shall constitute grounds for the commissioner to
				suspend the insurer's certificate of authority, or to impose a fine not to
				exceed 10 percent of the tax credit overpayment or $2,500, whichever is more,
				or both. Any demand for a hearing shall be filed by an insurer with the
				commissioner within 30 days after mailing of notice of the order of disapproval
				to the insurers last known address or within 30 days after the delivery of
				notice of the order of disapproval to the insurer, as provided for by
				R.S.
				22:2191.
D. No insurer shall be allowed to withdraw
				from the state or have its certificate of authority canceled if it has
				outstanding tax credit overpayments.
E. Nothing in this regulation shall be
				construed as a limitation on any powers or duties otherwise vested in the
				commissioner by operation of law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11 and
				  R.S.
				  22:1482.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9519 - Louisiana Application for Military Discount- Appendix

Current through Register Vol. 50, No. 6, June 20, 2024
LOUISIANA APPLICATION FOR MILITARY DISCOUNT
__________________ _____________________
Name of Insurance Company Policy No. or Application
				  No.
READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. If you have any
				  questions about this "Louisiana Application For Military Discount" form ask
				  your agent for an explanation or contact the Louisiana Department of Insurance
				  at (800) 259-5300 or (225) 342-5900.
You must complete all sections on this form. If the spouse or
				  dependent sections are not applicable, you must check the N/A box next to the
				  associated fields.
_________________ __________________
Full Name of Active Military Personnel Date
___________________ _____________________
Date of Birth Home Phone
__________________________________________________
Home Address
__________________________ [] N/A __________________ []
				  N/A
Name of Spouse Spouse Date of Birth
(if not applicable, check N/A) (if not applicable, check
				  N/A)
_________________________________________________[]
				  N/A
Full Name and Date of Birth of Licensed Dependents
(if not applicable, check N/A)
[] Copy of Permanent Change of Station (PCS) Orders
				  attached
OR
[] Permanent Change of Station (PCS) Orders previously
				  submitted
The undersigned hereby certifies that he/she is on active
				  duty and permanently based in Louisiana and qualifies as "active military
				  personnel" (AMP) as defined by LSA-R.S.
				  22:1482 and Regulation 81, and is eligible
				  for the military discount set forth in LSA-R.S.
				  22:1482 for personal automobile liability
				  insurance policy. The AMP further certifies that the information provided in
				  this "Louisiana Application For Military Discount" form is true and correct and
				  that he/she will promptly notify his/her automobile insurer of any change in
				  the above information. The AMP acknowledges that any false, fraudulent or
				  misleading statement may subject him/her to civil and criminal penalties,
				  including those penalties set forth in LSA-R.S.
				  22:1924, and any applicable provisions of
				  Title 14, the Louisiana Criminal Code.
_____________ _________________
Signature of Active Military Print Name of Active
				  Military
Personnel (AMP) Personnel (AMP)
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 and
				  R.S.
				  22:1425.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9521 - Effective Date; Implementation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				This regulation, as amended, shall take effect on January 1, 2021. Insurers
				shall take steps to timely implement the military discount program so that it
				is available for all new and renewal business effective January 1,
				2021.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11 and
				  R.S.
				  22:1482.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter A - General Provisions › Section XIII-9901 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation
				  is adopted pursuant to
				  R.S.
				  49:953(B) and
				  R.S.
				  22:2 which charges the commissioner of
				  insurance with the duty to enforce and administer all of the provisions of the
				  Insurance Code, the purpose of which is to regulate the business of insurance
				  in all of its phases in the public interest. Sections 501(b) of
				  the Gramm-Leach-Bliley Act specifically designate the Department of Insurance
				  as the agency to establish the appropriate standards covering any person
				  engaged in providing insurance under state law and the Fixing Americas Surface
				  Transportation Act, which provides for certain annual privacy reporting
				  exemptions.
				  R.S.
				  22:11 and
				  R.S.
				  22:1595 grants the commissioner of insurance
				  authority to promulgate rules and regulations as are necessary for the
				  implementation of the provisions of title
				  R.S.
				  22:1604 specifically refers to the protection
				  of the interests of insurance policyholders in this state with respect to
				  financial institution insurance sales, and
				  R.S.
				  22:1595 grants the commissioner of insurance
				  authority to promulgate rules and regulations as may be necessary to effectuate
				  the provisions of chapter 5, financial institution sales, in title
				  22.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 22:2,
					 22:3,
					 22:1595,
					 22:1604,
					 Gramm-Leach-Bliley Act, Public Law 106-102, November
					 12, 1999, and Fixing Americas Surface Transportation Act,
					 Public Law
					 114-94, December 4,
					 2015).
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter A - General Provisions › Section XIII-9903 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this regulation is to govern the treatment of nonpublic personal financial
				  information about individuals by all licensees of the state insurance
				  department. This regulation:
1. requires a
				  licensee to provide notice to individuals about its privacy policies and
				  practices;
2. describes the
				  conditions under which a licensee may disclose nonpublic personal financial
				  information about individuals to affiliates and nonaffiliated third parties;
				  and
3. provides methods for
				  individuals to prevent a licensee from disclosing that information.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter A - General Provisions › Section XIII-9905 - Scope and Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				  regulation applies to:
1. nonpublic personal
				  financial information about individuals who obtain or are claimants or
				  beneficiaries of products or services primarily for personal, family or
				  household purposes from licensees. This regulation does not apply to
				  information about companies or about individuals who obtain products or
				  services for business, commercial or agricultural purposes; and
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter A - General Provisions › Section XIII-9907 - Rule of Construction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  examples in this regulation and the sample clauses in Appendix A of this
				  regulation are not exclusive. Compliance with an example or use of a sample
				  clause, to the extent applicable, constitutes compliance with this
				  regulation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 22:2,
					 22:3,
					 22:3052,
					 22:3054
					 and Gramm-Leach-Bliley Act,
					 Public Law
					 106-102 Nov. 12,
					 1999.