reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 153 - Regulation 107-Homeowner and Fire/Commercial Insurance Policy Disclosure Forms › Section XIII-15307 - Amendment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				of insurance reserves the right to amend, modify, alter or rescind all or any
				portion of Regulation 107.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1319
				  and
				  22:1332.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 153 - Regulation 107-Homeowner and Fire/Commercial Insurance Policy Disclosure Forms › Section XIII-15309 - Severability Clause

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any
				provision of Regulation 107, or the application thereof to any circumstance, is
				held invalid, such determination shall not affect other provisions or
				applications of Regulation 107 which can be given effect without the invalid
				provision or application, and to that end the provisions of Regulation 107 are
				severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1319
				  and
				  22:1332.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 153 - Regulation 107-Homeowner and Fire/Commercial Insurance Policy Disclosure Forms › Section XIII-15311 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. The forms
				previously promulgated in Appendices B and C shall continue in use until May
				30, 2020.
B. The amendments to
				Appendices B and C shall be used for all new and renewal policies issued or
				renewed on or after May 30, 2020.
C. The form previously promulgated in
				Appendix A remains unchanged and shall continue in full force and effect until
				amended, modified, altered or rescinded by the commissioner of
				insurance.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1319
				  and
				  22:1332.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15501 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 109
				implements the provisions of Act 154, of the 2017 Regular Session of the
				Louisiana Legislature, specifically
				R.S.
				22:821(B)(3) and
				22:1546(B)(1)(a),
				in addition to 22:1547(C)(1), 22:255, 22:1545, 22:1554, 22:1558, 22:1563,
				22:1671, 22:1694, 22:1808.8 and 22:1922 which provide for the licensing of
				insurance producers, claims adjusters, public adjusters, insurance consultants
				and business entities acting as producers. Regulation 109 implements the
				provisions of Act 226, of the 2019 Regular Session of the Louisiana
				Legislature, specifically
				R.S.
				22:821(B)(3)(b) which
				provides for renewal dates for insurance producer appointments.
B. The purpose of this regulation is:
1. to set forth requirements and procedures
				for applying for and maintaining a license as an insurance producer, claims
				adjuster, public adjuster, insurance consultant and business entity acting as a
				produce;
2. to set forth the time
				periods for expiration and renewal of insurance licenses.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15503 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Regulation 109 shall apply to all persons and all business entities seeking
				licensure or who hold a license as an insurance producer, claims adjuster,
				public adjuster or insurance consultant.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:821(B)(3),
				  22:1546(B)(1)(a),
				  22:1547(C)(1),
				  22:255,
				  22:1545,
				  22:1550,
				  22:1554,
				  22:1558,
				  22:1563,
				  22:1678,
				  22:1708,
				  22:1808.8
				  and
				  22:1922
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15505 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 109
				is promulgated by the commissioner pursuant to the authority granted under the
Louisiana Insurance Code,
R.S.
				22:1 et seq., particularly
				R.S.
				22:11, and specifically
				R.S.
				22:821(B)(3),
				22:1546(B)(1)(a),
				22:1547(C)(1),
				22:255,
				22:691.2(3),
				22:1545,
				22:1550,
				22:1554,
				22:1558,
				22:1563,
				22:1678,
				22:1708,
				22:1808.8
				and
				22:1922.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:821(B)(3),
				  22:1546(B)(1)(a),
				  22:1547(C)(1),
				  22:255,
				  22:691.2(3),
				  22:1545,
				  22:1550,
				  22:1554,
				  22:1558,
				  22:1563,
				  22:1678,
				  22:1708,
				  22:1808.8,
				  22:1922
				  and
				  22:1929(A)
				   and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15507 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of Regulation 109 the following terms shall have the meaning ascribed herein
				unless the context clearly indicates otherwise.
Applicants
person making application to the
				  Louisiana Department of Insurance to obtain an insurance producer, claims
				  adjuster, public adjuster or insurance consultant license.
Business Entitys
- as defined in
				  R.S.
				  22:1542(2).
Claims Adjusters
- as defined in
				  R.S.
				  22:1661(1).
Commissioner-
- the commissioner of
				  insurance of the Louisiana Department of Insurance.
Control
- as defined in
				  R.S.
				  22:691.2(3).
Insurance Consultant
- as defined in
				  R.S.
				  22:1808.1(B).
Insurance Licensee
- license granted by the
				  Louisiana Department of Insurance to do business as an insurance producer,
				  claims adjuster, public adjuster or insurance consultant.
Insurance Producer
- as defined in
				  R.S.
				  22:1542(6).
Public Adjusters
- as defined in
				  R.S.
				  22:1692(7).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:255,
				  22:691.2(3),
				  22:821(B)(3),
				  22:1546(B)(1)(a),
				  22:1547(C)(1),
				  22:1545,
				  22:1550,
				  22:1554,
				  22:1678,
				  22:1708
				  and
				  22:1808.8
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15509 - Licensing Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every
				application for an insurance license shall be made on a form required by the
				commissioner and shall include all such information the commissioner deems
				necessary to determine compliance with the applicable statutes.
B. Complete application shall include all of
				the following:
1. a completed application form
				as required by the commissioner;
2.
				all documentation deemed necessary to explain any responses in the application
				form;
3. a passing examination
				score for each of the lines for which the application was made if an
				examination is required;
4.
				evidence that the individuals fingerprints have been submitted in compliance
				with the applicable provisions of the
Louisiana Insurance
				Code;
5. any documents
				deemed necessary to verify the information contained in an
				application.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15511 - Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Scheduling of
				examinations shall be as follows.
1. An
				applicant for a type of license for which an examination is required may
				schedule and sit for the examination prior to making application to the
				commissioner for such insurance license.
2. An individual seeking licensure for the
				bail bond line of authority shall complete the Bail Bond Apprenticeship Program
				as required by
				R.S.
				22:1574 and provide evidence of such
				completion to the commissioner prior to scheduling or sitting for the
				examination.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15513 - Fingerprinting

Current through Register Vol. 50, No. 6, June 20, 2024
A. An individual
				making application for a resident insurance license shall submit a full set of
				fingerprints as required by the applicable provisions of the
Louisiana
				Insurance Code
. The fingerprints shall be submitted in the manner
				required by the commissioner.
B.
				The commissioner may require that any individual who is an officer, director,
				partner, member or who controls an applicant that is a business entity submit a
				full set of fingerprints in a manner required by the commissioner.
C. The applicant shall supply any additional
				information requested by the commissioner to clarify or explain findings of the
				criminal history obtained using the fingerprint or other search.
D. The commissioner may require that any
				applicant who fails to provide a completed application within 90 days of
				receipt of a criminal background check resubmit fingerprints in the manner
				required by the commissioner.
E.
				All communication regarding the results of a criminal background check shall be
				only with the applicant or his authorized legal representative.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:821(B)(3),
				  22:1546(B)(1)(a),
				  22:1547(C)(1),
				  22:255,
				  22:1545,
				  22:1550,
				  22:1554,
				  22:1678,
				  22:1708,
				  22:1808.8,
				  22:1922(C)
				   and
				  22:1929(A)
				   and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15515 - License Expiration and Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Insurance licenses shall expire in the
				following manner.
1. An individual insurance
				license where the last number of the license is an even number shall expire on
				the last date of the birth month of the individual in even-numbered
				years.
2. An individual insurance
				license where the last number of the license is an odd number shall expire on
				the last date of the birth month of the individual in odd-numbered
				years.
3. A business entity license
				where the last number is an even number shall expire on March 31 in
				even-numbered years.
4. A business
				entity license where the last number is an odd number shall expire on March 31
				in odd-numbered years.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15517 - Expiration of Producer Appointments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Individual insurance producer appointments
				shall expire on January 1 of each year. Business entity producer appointments
				shall expire on August 1 of each year. Appointments shall be renewed by payment
				of the renewal fee. The commissioner shall issue a renewal invoice for all
				active appointments to insurers at least 30 days prior to the appointment
				expiration date in a manner determined by the commissioner. Failure to timely
				pay the renewal fee invoice shall result in the expiration of the
				appointments.
B. The insurer shall
				terminate any appointments that it does not wish to renew prior to the issuance
				of the renewal invoice.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:821(B)(3),
				  22:1546(B)(1)(a),
				  22:1547(C)(1),
				  22:255,
				  22:1545,
				  22:1550,
				  22:1554,
				  22:1558,
				  22:1678,
				  22:1708
				  and
				  22:1808.8
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15519 - Reporting of Administrative Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every person who holds an insurance
				license shall report to the commissioner all administrative actions within 30
				days of the final disposition of the action in the manner required by the
				commissioner. The report shall include a copy of the order, consent agreement,
				stipulation or other relevant legal documents.
B. "Administrative actions" shall include any
				fines, revocations, suspensions or surrender of a license or registration in
				lieu of such actions imposed by any state or federal agency or any
				non-governmental entity with regulatory oversight of a license or registration.
				It shall also include any consent agreements, stipulations or other such
				agreement with any state or federal agency or nongovernmental entity with
				regulatory oversight of a license or registration initiated as a result of
				allegations of wrongdoing or regulatory or legal infractions regardless of
				whether or not any wrongdoing was admitted by the licensee.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:821(B)(3),
				  22:1546(B)(1)(a),
				  22:1547(C)(1),
				  22:255,
				  22:1545,
				  22:1550,
				  22:1554,
				  22:1558,
				  22:1563,
				  22:1678,
				  22:1708
				  and
				  22:1808.8
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15521 - 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.
				22:1543,
				22:1554,
				22:1558,
				22:1563,
				22:1574,
				22:1663,
				22:1693,
				22:1808.1 and
				22:1808.8.
				Violations of this regulation shall subject the violators to penalties as
				provided by
				R.S.
				22:1554,
				22:1672,
				22:1700
				and
				22:1808.12(B)
				 and any other applicable provisions of
				law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:821(B)(3),
				  22:1546(B)(1)(a),
				  22:255,
				  22:1545,
				  22:1550,
				  22:1554,
				  22:1563,
				  22:1678,
				  22:1708,
				  22:1808.8
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15523 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation
				109 shall become effective upon final publication in the
Louisiana
				Register
and shall apply to any act or practice committed on or after
				the effective date.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:821(B)(3),
				  22:1546(B)(1)(a),
				  22:255,
				  22:1545,
				  22:1550,
				  22:1678,
				  22:1708
				  and
				  22:1808.8
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 155 - Regulation Number 109-Producer, Adjuster and Related Licenses › Section XIII-15525 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any Section
				or provision of Regulation 109 or the application to any person or circumstance
				is held invalid, such invalidity or determination shall not affect other
				Sections or provisions or the application of Regulation 109 to any persons or
				circumstances that can be given effect without the invalid Section or provision
				or application, and for these purposes the Sections and provisions of
				Regulation 109 and the application to any persons or circumstances are
				severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:821(B)(3),
				  22:1546(B)(1)(a),
				  22:255,
				  22:1545,
				  22:1550,
				  22:1678,
				  22:1708
				  and
				  22:1808.8
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 157 - Regulation 110-Declaratory Orders › Section XIII-15701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				Regulation 110 is to define declaratory orders and to provide for the filing
				and prompt disposition of declaratory orders, as authorized by
				R.S.
				49:962.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 22:2(E) and
				  49:962.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 157 - Regulation 110-Declaratory Orders › Section XIII-15703 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in
				Regulation 110, the following terms shall have the meanings specified.
Commissioner
-the commissioner of the
				  Louisiana Department of Insurance.
Department
-The Louisiana Department of
				  Insurance.
Declaratory Order
-a written statement issued
				  by the department at the request of a person regulated by the department as to
				  the applicability of any statutory provision or of any rule or order of the
				  agency.
Litigation
-involvement in any civil,
				  criminal, administrative, regulatory, or disciplinary proceeding or
				  action.
Person
-any individual, company, insurer,
				  association, organization, reciprocal or inter-insurance exchange, partnership,
				  business, trust, limited liability company, or corporation regulated by the
				  department.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 22:2(E) and
				  49:962.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 157 - Regulation 110-Declaratory Orders › Section XIII-15705 - Declaratory Orders, Generally

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				A declaratory order is not an agency rule or regulation but shall have the same
				status as a final agency decision or an order in an adjudicated case.
B. A declaratory order shall have effect only
				upon the person requesting it and the commissioner and shall continue in effect
				unless a subsequent bulletin, advisory letter, directive, rule/regulation,
				court case, or statute supersedes it, or until the commissioner rescinds it. If
				a declaratory order is superseded or rescinded, such action shall have effect
				prospectively only, and the declaratory order shall cease to be effective as of
				30 days after the date of the action that superseded or rescinded it.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 22:2(E) and
				  49:962.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 157 - Regulation 110-Declaratory Orders › Section XIII-15707 - Disposal of Petitions; Form; Reasons to Issue or not Issue Declaratory Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				commissioner shall decide within 60 days after the filing of a petition for a
				declaratory order whether to accept or reject the petition.
B. A petition for a declaratory order shall
				be submitted in writing to the commissioner, in the manner specified on the
				departments website, by a person regulated by the department or the persons
				legal representative. Petitions shall contain the following information:
1. the title of the petition (e.g., "Petition
				for Declaratory Order");
2. the
				name, address, and telephone number of the person regulated by the department
				requesting the declaratory order;
3. a power of attorney or mandate, if the
				person is represented by a third party;
4. specific questions to be answered or
				issues to be addressed;
5. complete
				statement of all relevant facts;
6.
				citations to or copies of relevant statutes, rules/regulations, or orders of
				the department at issue, and, if the petitioner takes a specific position on
				the issue, the arguments, reasons, and provisions of law supporting such
				position;
7. copies of all relevant
				documents; and
8. a signed
				statement stating to the best of the persons knowledge:
a. whether the person requesting the
				declaratory order has the same issue under examination or review with the
				department or any other insurance regulator;
b. whether the person requesting the
				declaratory order has been notified in writing that an examination with the
				department or any other insurance regulator is pending;
c. whether the person requesting the
				declaratory order is litigating the issue in the state of Louisiana or is aware
				of the persons involvement in litigation on the same issue in other
				jurisdictions;
d. whether the
				department or any other insurance regulator has previously issued a declaratory
				order or ruling, no-action letter, or similar declaratory statement on the same
				issue (with a copy attached);
e.
				whether the attorney general has been, or will be, requested to issue an
				opinion concerning the issue prior to the issuance of the declaratory order;
				and
f. that, prior to the issuance
				of a declaratory order, if the requesting person is notified of a pending
				examination by the department or any other insurance regulator, the requesting
				person will notify the commissioner of the pending examination.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 157 - Regulation 110-Declaratory Orders › Section XIII-15709 - Rescissions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				reserves the right to change positions reflected in prior declaratory orders.
				If a declaratory order is rescinded due to a change in the commissioners
				position, the rescinded declaratory order ceases to be effective as of 30 days
				after the date of the rescission.
B. If a declaratory order is rescinded and is
				subsequently reissued due to a change in the commissioners position, the
				rescinded declaratory order ceases to be effective as of 30 days after the date
				of the rescission, and the reissued declaratory order shall be effective as of
				the effective date of the rescission.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 22:2(E) and
				  49:962.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 157 - Regulation 110-Declaratory Orders › Section XIII-15711 - Confidential or Privileged Treatment

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner shall maintain as
				confidential or privileged any documents, materials, or other information
				submitted with or included in a petition for a declaratory order that are
				required to be maintained as confidential or privileged pursuant to any
				provision of Title 22 of the Revised Statutes, any exception to the Public
				Records Law (R.S.
				44:1 et seq.), or any applicable federal
				law.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 22:2(E) and
				  49:962.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 157 - Regulation 110-Declaratory Orders › Section XIII-15713 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation
				110 shall become effective upon promulgation in the
Louisiana
				Register.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 22:2(E) and
				  49:962.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 157 - Regulation 110-Declaratory Orders › Section XIII-15715 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any Section
				or provision of Regulation 110 or the application to any person or circumstance
				is held invalid, such invalidity or determination shall not affect other
				Sections or provisions or the application of Regulation 110 to any persons or
				circumstances that can be given effect without the invalid section or provision
				or application, and, for these purposes, the Sections and provisions of
				Regulation 110 and the application to any persons or circumstances are
				severable.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 22:2(E) and
				  49:962.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 159 - Regulation Number 111-Consent to Rate › Section XIII-15901 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 111
				implements the provisions of
				R.S.
				22:1464.E, which authorizes the commissioner
				to approve an application by an insurer to impose upon an insured a rate in
				excess of the insurers filed and previously approved rates for a specific risk,
				provided the insurer complies with certain obligations and provides certain
				information and documentation to the commissioner in order for the commissioner
				to approve the consent to rate application.
B. The purpose of Regulation 111 is:
1. to regulate the activities of insurers by
				setting forth the process for the filing and review of a consent to rate
				application and specifying the information and documentation that must
				accompany such application; and
2.
				to protect the interests of insureds who are the subject of a consent to rate
				request from an insurer by delineating the nature and type of information and
				documentation that an insured shall receive from the insurer in order for the
				insured to make an informed decision as to whether it is in the insureds best
				interest to consent to such excess rate, and to reduce or eliminate the use of
				misleading or confusing information when an insurer requests that the insured
				consent to a rate in excess of the rate otherwise filed and approved for
				use.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 159 - Regulation Number 111-Consent to Rate › Section XIII-15903 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Regulation 111 shall apply to any consent to rate application made by any
				insurer for any property and casualty insurance policy written or issued for
				delivery in Louisiana, or for any risk located in Louisiana, in which the
				insurer seeks to obtain the approval of the commissioner to charge a rate in
				excess of the rate provided in a filing otherwise applicable. Regulation 111
				does not apply to individually rated excess insurance coverages as specified in
				R.S.
				22:1464.A(1).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1464,
				  R.S.
				  22:1473, and the Administrative Procedure
				  Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 159 - Regulation Number 111-Consent to Rate › Section XIII-15905 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 111
				is promulgated by the commissioner pursuant to the authority granted under the
				Louisiana Insurance Code,
				R.S.
				22:1 et seq., specifically
				R.S.
				22:11 and
				R.S.
				22:1473.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1464,
				  R.S.
				  22:1473, and the Administrative Procedure
				  Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 159 - Regulation Number 111-Consent to Rate › Section XIII-15907 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of Regulation 111, the following terms shall have the meaning ascribed herein
				unless the context clearly indicates otherwise.
Commissioner-
the Louisiana Commissioner of
				  Insurance.
Consent to Rate
-an agreement between the
				  insured and the insurer based on information provided by the insurer that
				  insurance coverage will be provided for a specific risk at an excess rate, as
				  defined herein.
Department
-the Louisiana Department of
				  Insurance.
Excess Rate-
a rate that is more than the
				  manual rate that the commissioner has previously approved for the insurance
				  program. For the purposes of Regulation 111, "rate in excess" has the same
				  meaning as "excess rate".
Insurance Program
-every manual, minimum,
				  class rate, rating schedule, or rating plan and every other rating rule and
				  every modification of any of the foregoing which an insurer proposes to use in
				  the calculation of a premium to be charged for a policy.
Insurer
-an insurer with a certificate of
				  authority or license issued under provisions of the Louisiana Insurance
				  Code.
Manual Rate
-an approved rate for an
				  insurance program.
Policy-
an insurance contract providing
				  property and casualty insurance coverage for a Louisiana insured or for
				  property located in Louisiana.
Premium-
all sums charged, received, or
				  deposited as consideration for the purchase or continuation of insurance for a
				  definitely stated term, and shall include any assessment, membership, policy,
				  survey, inspection, service or similar fee or charge made by an insurer as a
				  part of the consideration for the purchase or continuance of insurance, as
				  defined in
				  R.S.
				  22:46(13).
Rate
-that cost of insurance per exposure
				  unit, whether expressed as a single number or as a prospective loss cost, with
				  an adjustment to account for the treatment of loss adjustment expenses,
				  expenses, profit, and variation in expected future loss experience, prior to
				  any application of individual risk variations based on actual past loss or
				  expense considerations, and does not include minimum premiums.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1464,
				  R.S.
				  22:1473, and the Administrative Procedure
				  Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 159 - Regulation Number 111-Consent to Rate › Section XIII-15909 - Procedure for Insurer to Use in a Consent to Rate Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. An insurer
				seeking the approval of the commissioner to charge an insured a rate in excess
				of the manual rate for property and casualty insurance coverage shall file a
				consent to rate application with the commissioner within 45 calendar days of
				the effective date of the policy.
B. The consent to rate application made by
				the insurer shall comply with the requirements of §15913 of Regulation
				111.
C. The commissioner shall have
				45 calendar days to review the consent to rate application, pursuant to
				R.S.
				22:1451.C(1). The 45 day period for review
				shall commence once the commissioner has received the insurers complete consent
				to rate application.
D. Any consent
				to rate application not received by the commissioner within 45 calendar days of
				the effective date of the policy shall be disapproved by the
				commissioner.
E. If a consent to
				rate application is disapproved by the commissioner, then the insurer shall
				follow the requirements set forth in §15911 of Regulation 111.
F. If a consent to rate application filed
				timely is approved by the commissioner, the insurer may proceed to implement
				the excess rate in accordance with the approved consent to rate
				application.
G. If the commissioner
				has not acted on a timely filed consent to rate application and the
				commissioner has not advised the insurer in writing of any objections with
				regard to the consent to rate application or that such application is
				incomplete within 45 days of the commissioners receipt of same, the insurer may
				proceed as outlined in
				R.S.
				22:1451.C(2).
H. Renewal of any policy at an excess rate
				shall require that the insurer submit a new consent to rate
				application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1464,
				  R.S.
				  22:1473, and the Administrative Procedure
				  Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 159 - Regulation Number 111-Consent to Rate › Section XIII-15911 - Coverage Obligations Imposed on the Insurer upon Disapproval

Current through Register Vol. 50, No. 6, June 20, 2024
A. If an insurers
				consent to rate application under Regulation 111 is disapproved for any reason,
				then the premium charged to the insured shall revert to the approved manual
				rate for the duration of the policy term, and the insurer shall refund the
				difference between the excess rate and the approved manual rate to the insured.
				Coverage shall still be binding on the insured and insurer for the duration of
				the policy. The insurer shall have 30 days from the date of the commissioners
				disapproval of the consent to rate application to refund any monies due to the
				insured.
B. If an insurers consent
				to rate application under Regulation 111 is disapproved for any reason, then
				the insurer may, within 10 calendar days from the commissioners disapproval,
				exercise one of the following options.
1. The
				insurer may cancel the policy and shall provide the insured with not less than
				60 days written notice of the insurers intent to cancel the policy.
2. The insurer may enter into a new policy
				with the insured and submit a new, subsequent consent to rate application.
				However, if a new, subsequent consent to rate application is submitted, the
				insurer will be required to utilize the approved manual rate provided in such
				new, subsequent consent to rate application and will not be able to implement
				the requested excess rate until such new, subsequent consent to rate
				application is approved by the commissioner.
3. An insurer may appeal the disapproval of a
				consent to rate application as set forth in
				R.S.
				22:1451.C(1).
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 159 - Regulation Number 111-Consent to Rate › Section XIII-15913 - Documentation Required from the Insurer

Current through Register Vol. 50, No. 6, June 20, 2024
A. An insurer seeking the approval of the
				commissioner pursuant to a consent to rate application for any property and
				casualty insurance coverage shall file with the commissioner a written
				application packet, which shall contain the following documentation.
1. The consent to rate application shall set
				forth the full name of the insurer, the full name and title of the person
				filing such application on behalf of the insurer, the physical and mailing
				addresses of the insurer, email address, telephone number, and facsimile number
				of the insurer.
2. If the consent
				to rate application is submitted in paper form, a stamped, self-addressed
				return envelope.
3. An original of
				the consent to rate application signed by both the insurer and the insured,
				which must set forth the following information:
a. name of the insurer;
b. name of the insured;
c. the line of business;
d. if applicable, the sub-line or program
				under which the policy is being written;
e. the policy number;
f. the policy effective dates (the first and
				last dates on which the policy is effective);
g. documentation setting forth in detail the
				calculation of the premium using the manual rates;
h. documentation setting forth in detail the
				calculation of the premium using the consent to rate process;
i. the written explanation that was provided
				by the insurer to the insured setting forth in detail the reason(s) why the
				insured did not qualify for the insurers manual rates and was subjected to the
				consent to rate process; and
j. a
				copy of any other documentation that the insurer provided to the
				insured.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 159 - Regulation Number 111-Consent to Rate › Section XIII-15915 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any section
				or provision of Regulation 111 or the application to any person or circumstance
				is held to be invalid, such invalidity or determination shall not affect other
				Sections or provisions or the application of Regulation 111 to any persons or
				circumstances that can be given effect without the invalid Section or provision
				or application, and for these purposes the Sections and provisions of
				Regulation 111 and the application to any persons or circumstances are
				severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1464,
				  R.S.
				  22:1473, and the Administrative Procedure
				  Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 159 - Regulation Number 111-Consent to Rate › Section XIII-15917 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation
				111 shall become effective on January 1, 2019.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1464,
				  R.S.
				  22:1473, and the Administrative Procedure
				  Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 161 - Regulation Number 112-Adoption of NAIC Handbooks, Guidelines, Forms and Instructions › Section XIII-16101 - NAIC Handbooks, Guidelines, Forms and Instructions Incorporated by Reference

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				purpose of this regulation is to identify and to incorporate by reference the
				current edition of handbooks, guidelines, forms, and instructions adopted by
				the National Association of Insurance Commissioners (NAIC) and referenced in
				the
Louisiana Insurance Code
.
B. The following NAIC handbooks, guidelines,
				forms, and instructions are hereby adopted and incorporated by reference:
1. The Financial Condition Examiner's
				Handbook, 2022 edition;
2. The
				Annual and Quarterly Statement Instructions, Property and Casualty, 2022
				edition;
3. The Annual and
				Quarterly Statement Instructions, Life, Accident, and Health, 2022
				edition;
4. The Annual and
				Quarterly Statement Instructions, Health, 2022 edition;
5. The Annual and Quarterly Statement
				Instructions, Title, 2022 edition;
6. The Annual and Quarterly Statement
				Instructions, Fraternal, 2022 edition;
7. The Annual and Quarterly Statement Blanks,
				Property and Casualty, 2022 edition;
8. The Annual and Quarterly Statement Blanks,
				Life, Accident, and Health, 2022 edition;
9. The Annual and Quarterly Statement Blanks,
				Health, 2022 edition;
10. The
				Annual and Quarterly Statement Blanks, Title, 2022 edition;
11. The Annual and Quarterly Statement
				Blanks, Fraternal, 2022 edition;
12. The Accounting Practices and Procedures
				Manual, 2022 edition;
13. The
				Financial Analysis Handbook, 2022 edition;
14. The Own Risk and Solvency Assessment
				Guidance Manual, 2022 edition;
15.
				The Purposes and Procedures Manual of the NAIC Investment Analysis Office, 2022
				edition;
16. The Risk-Based Capital
				Forecasting and Instructions, 2022 edition;
17. The Market Regulation Handbook, 2022
				edition.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 161 - Regulation Number 112-Adoption of NAIC Handbooks, Guidelines, Forms and Instructions › Section XIII-16103 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation
				112 shall become effective upon final promulgation in the
Louisiana
				Register
.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11, 258, 586(G), 619(B), 640(B), 675,
				  661(A), 691.11, 691.54, and 1804.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 161 - Regulation Number 112-Adoption of NAIC Handbooks, Guidelines, Forms and Instructions › Section XIII-16105 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any Section
				or provision of Regulation 112 or the application to any person or circumstance
				is held invalid, such invalidity or determination shall not affect other
				Sections or provisions or the application of Regulation 112 to any persons or
				circumstances that can be given effect without the invalid Section or provision
				or application, and, for these purposes, the Sections and provisions of
				Regulation 112 and the application to any persons or circumstances are
				severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11, 258, 586(G), 619(B), 640(B), 675,
				  661(A), 691.11, 691.54, and 1804.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 163 - Regulation Number 113- Registration of Catastrophe Claims Adjusters › Section XIII-16301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is:
1. To establish the
				procedure to register claims adjusters in the event of a catastrophe or an
				emergency pursuant to
				R.S.
				22:1667 and
				22:1678.
2. To set forth the time periods for
				expiration or extension of catastrophe or emergency adjuster registration and
				to set forth penalties pursuant to
				R.S.
				22:1672.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 163 - Regulation Number 113- Registration of Catastrophe Claims Adjusters › Section XIII-16303 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Regulation 113 shall apply to all adjusters employed or retained by an insurer
				and brought into the state for the purpose of investigating or making
				adjustment of losses resulting from a catastrophe or an emergency.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1667
				  and
				  22:1678
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 163 - Regulation Number 113- Registration of Catastrophe Claims Adjusters › Section XIII-16305 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 113
				is promulgated by the commissioner pursuant to the authority granted under the
				Louisiana Insurance Code,
				R.S.
				22:11,
				22:821,
				22:1667,
				22:1672
				and
				22:1678
				and the Administrative Procedure Act,
				R.S.
				49:950 et seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:821,
				  22:1667,
				  22:1672
				  and
				  22:1678
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 163 - Regulation Number 113- Registration of Catastrophe Claims Adjusters › Section XIII-16307 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of Regulation 113 the following terms are defined as follows:
Commissioner
-the Commissioner of Insurance
				  of the State of Louisiana.
Adjuster
-an individual who investigates or
				  adjusts losses on behalf of an insurer as an independent contractor or as an
				  employee of:
a. an adjustment
				bureau;
b. an
				association;
c. a property and
				casualty producer;
d. an
				independent contractor;
e. an
				insurer; or
f. a managing general
				agent.
Catastrophe Adjuster
-those adjusters
				  employed or retained by an insurer and brought into this state for the purpose
				  of investigating or making adjustments of losses resulting from a catastrophe
				  or an emergency.
Catastrophe/Emergency
-a significant event
				  declared by the governor or determined by the commissioner that causes
				  widespread property damage or loss.
Insurer
-any type of insurer, whether
				  authorized or unauthorized, conducting business in this state.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 163 - Regulation Number 113- Registration of Catastrophe Claims Adjusters › Section XIII-16309 - Designation of a Catastrophe/Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Insurers shall be authorized to utilize
				catastrophe adjusters in the event of emergencies declared by the governor of
				this state pursuant to
				R.S.
				29:724 and for any other event which the
				commissioner has determined to have caused widespread property damage or
				loss.
B. If not otherwise declared
				by the governor or determined by the commissioner, an insurer may request that
				the commissioner authorize the use of catastrophe adjusters by making a written
				request to the commissioner.
C. The
				written request shall include the date, geographic area within the state and a
				description of the event along with any factors which the insurer believes
				justifies such a declaration.
D.
				Upon approval of the catastrophe/emergency by the commissioner, the event shall
				be entered in the Louisiana Department of Insurance on-line system for
				registration of catastrophe adjusters.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11,
				  22:1667,
				  and
				  22:1678
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 163 - Regulation Number 113- Registration of Catastrophe Claims Adjusters › Section XIII-16311 - Registration Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. No
				license shall be required for an individual who is employed or retained for a
				particular event by an insurer and brought into this state specifically for the
				purpose of investigating or making adjustments of losses resulting from a
				catastrophe or an emergency.
B.
				Prior to utilizing the services of a catastrophe adjuster, insurers shall
				register the individual as follows:
1. Access
				the departments online system for catastrophe adjuster registration;
2. Provide the following information:
a. the specific catastrophe/emergency for
				which the registration is active;
b. full name of the individual catastrophe
				adjuster;
c. Social Security Number
				or National Producer Number of the individual catastrophe adjuster;
d. the name, mailing address, email address
				and phone number of the individual with the insurer responsible for the
				registration of catastrophe adjusters; and
e. any additional information deemed
				necessary by the commissioner.
3. Submit the required fee to the
				commissioner pursuant to
				R.S. 22:821
				within 10 days of the submission of the registration.