reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 125 - Regulation 92- Military Sales Practices › Section XIII-12507 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation shall not apply to solicitations or sales involving:
1. credit insurance ;
2. group life insurance or group annuities where there is no in-person, face-to-face solicitation of individuals by an insurance producer or where the contract or certificate does not include a side fund;
3. an application to the existing insurer that issued the existing policy or contract when a contractual change or a conversion privilege is being exercised; or, when the existing policy or contract is being replaced by the same insurer pursuant to a program filed with and approved by the commissioner; or, when a term conversion privilege is exercised among corporate affiliates;
4. individual stand-alone health policies, including disability income policies;
5. contracts offered by Servicemembers' Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI), as authorized by 38 U.S.C. Section 1965 et seq.;
6. life insurance contracts offered through or by a non-profit military association, qualifying under Section  501(c) (23) of the Internal Revenue Code (IRC), and which are not underwritten by an insurer; or
7. contracts used to fund:
a. an employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);
b. a plan described by Sections  401(a) of the IRC, as amended, if established or maintained by an employer;
c. a government or church plan defined in Section  414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization under Section  457 of the IRC;
d. a nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;
e. settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or
f. prearranged funeral contracts.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 125 - Regulation 92- Military Sales Practices › Section XIII-12511 - Practices Declared False, Misleading, Deceptive or Unfair on a Military Installation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following acts or practices when committed on a military installation by an
				insurer or insurance producer with respect to the in-person, face-to-face
				solicitation of life insurance are declared to be false, misleading, deceptive
				or unfair:
1. knowingly soliciting the
				purchase of any life insurance product "door to door" or without first
				establishing a specific appointment for each meeting with the prospective
				purchaser;
2. soliciting service
				members in a group or "mass" audience or in a "captive" audience where
				attendance is not voluntary;
3.
				knowingly making appointments with or soliciting service members during their
				normally scheduled duty hours;
4.
				making appointments with or soliciting service members in barracks, day rooms,
				unit areas, or transient personnel housing or other areas where the
				installation commander has prohibited solicitation;
5. soliciting the sale of life insurance
				without first obtaining permission from the installation commander or the
				commander's designee;
6. posting
				unauthorized bulletins, notices or advertisements;
7. failing to present DD Form 2885,
Personal Commercial Solicitation Evaluation
, to service
				members solicited or encouraging service members solicited not to complete or
				submit a DD Form 2885;
8. knowingly
				accepting an application for life insurance or issuing a policy of life
				insurance on the life of an enlisted member of the United States Armed Forces
				without first obtaining for the insurer's files a completed copy of any
				required form which confirms that the applicant has received counseling or
				fulfilled any other similar requirement for the sale of life insurance
				established by regulations, directives or rules of the DOD or any branch of the
				Armed Forces.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 125 - Regulation 92- Military Sales Practices › Section XIII-12515 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				of these Sections or the application thereof to any person or circumstance is
				held invalid for any reason, the invalidity shall not affect the other
				provisions or any other application of these Sections which can be given effect
				without the invalid provisions or application. To this end all provisions of
				these Sections are declared to be severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.22:3,
				  22:1211,
				  22:1214; and
				  the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 125 - Regulation 92- Military Sales Practices › Section XIII-12517 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation shall become effective upon final publication in the
Louisiana Register
and shall apply to acts or practices
				committed on or after the effective date.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.22:3,
				  22:1211,
				  22:1214; and
				  the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12701 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 94 is
				issued pursuant to the authority vested in the commissioner pursuant to the
				provisions of
				R.S.
				49:953 et seq., of the Administrative
				Procedure Act;
				R.S.
				22:3 and
				R.S.
				22:1426.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 to enforce the provisions of
				  R.S.
				  22:1426.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12703 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				Regulation 94 is to implement the provisions of Acts 2007, No. 323 of the
				Regular Session of the Louisiana Legislature, which mandates that insurers
				provide an actuarially justified premium discount for insureds who build or
				retrofit a structure to comply with the State Uniform Construction Code and/or
				install mitigation improvements or retrofit their property utilizing
				construction techniques demonstrated to reduce the amount of loss from a
				windstorm or hurricane.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 to enforce the provisions of
				  R.S.
				  22:1426.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12705 - Scope and Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Regulation 94 applies to authorized property and casualty insurers required to
				submit rates and rating plans for residential property insurance to the
				Louisiana Department of Insurance.
B. Regulation 94 does apply to modular
				homes.
C. Regulation 94 does not
				apply to commercial properties or commercial residential properties with three
				or more units.
D. Regulation 94
				does not apply to approved unauthorized insurers, i.e., surplus
				lines.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 to enforce the provisions of
				  R.S.
				  22:1426.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12707 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in
				Regulation 94, these terms shall have the following meaning ascribed herein
				unless the context clearly indicates otherwise.
Certification Form
-a form prepared by an
				  insurer, approved by the department, and subsequently completed and signed by
				  the insured, wherein the insured attests to the implementation of specific
				  mitigation items which the insurer recognizes in its rating plan for providing
				  an actuarially justified premium discount under
				  R.S.
				  22:1426.
Department
-Louisiana Department of
				  Insurance.
Discount Plan
-the criteria and items
				  utilized by an insurer to determine or otherwise compute an actuarially
				  justified discount, credit, rate differential, adjustment in deductible, or any
				  other adjustment to reduce the insurance premium for an eligible insured under
				  R.S.
				  22:1426.
Qualified Professional
-a building code
				  enforcement officer, registered architect, registered engineer, or a registered
				  third-party provider authorized by the Louisiana State Uniform Construction
				  Code Council to perform building inspections.
Residential Property Insurance
-fire and
				  extended coverage insurance or homeowners insurance for a one-or two-family
				  owner-occupied premises, but does not include insurance policies written to
				  cover manufactured homes or mobile homes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 to enforce the provisions of
				  R.S.
				  22:1426.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12709 - Rate Filings

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				residential property insurers shall include their plan for actuarially
				justified discounts in their first rate filing made with the department after
				March 31, 2008. Every residential property insurer shall make a new rate filing
				with the department in accordance with
				R.S.
				22:1426 on or before January 1,
				2009.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 to enforce the provisions of
				  R.S.
				  22:1426.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12711 - Discount Plan Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				discount plan submitted to the department should consider wind mitigation
				studies conducted by other states and may consider other alternative studies
				found acceptable by the department.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 to enforce the provisions of
				  R.S.
				  22:1426.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12713 - Mitigation Improvements and Construction Considered for Actuarially Justified Discounts

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				determining actuarially justified discounts, an insurer shall consider the
				following mitigation improvements and/or construction techniques that have been
				demonstrated to reduce the amount of loss from windstorm or hurricane:
1. building design code;
2. roof bracing;
3. secondary water barriers;
4. opening protection;
5. roof to wall strength;
6. roof deck attachment;
7. roof covering and roof covering
				performance;
8.
				wall-to-floor-to-foundation strength;
9. window, door, and skylight strength;
				and
10. other mitigation
				improvements and/or construction techniques that the insurer has determined can
				reduce the risk of loss due to wind.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12715 - Form Filing; Notice to Insureds

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Model Certification Form in §12721,
				Appendix A provides the minimum mitigation items and construction techniques
				that must be considered for actuarially justified discounts.
B. Any insurer that intends to supplement the
				Model Certification Form with additional mitigation items and construction
				techniques for actuarially justified discounts shall submit the supplemented
				certification form to the department for approval prior to use.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 to enforce the provisions of
				  R.S.
				  22:1426.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12717 - Proof of Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				insured has the obligation to provide the insurer with the appropriate
				documentation to verify eligibility for an actuarially justified discount under
				the provisions of
				R.S.
				22:1426 and Regulation 94. The insurer may
				require that the insured provide the insurer with the following:
1. a properly completed certification form
				that is executed by a qualified professional and that meets the minimum
				standards of the Model Certification Form in §12721, Appendix A to Regulation
				94; and
2. appropriate
				documentation demonstrating compliance with the State Uniform Construction
				Code; and/or
3. appropriate
				documentation attesting to the mitigation improvements made by the insured that
				reduce the amount of loss from a windstorm or hurricane.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12719 - Notice to Producers; Information for Insureds

Current through Register Vol. 50, No. 6, June 20, 2024
A. In furtherance of Regulation 94, each
				insurer shall be responsible to ensure that its producers and authorized
				representatives are knowledgeable and prepared to properly inform insureds
				about the actuarially justified discounts available for insureds who build or
				retrofit a structure to comply with the State Uniform Construction Code and/or
				install mitigation improvements or retrofit their property utilizing
				construction techniques demonstrated to reduce the amount of loss from a
				windstorm or hurricane.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 to enforce the provisions of
				  R.S.
				  22:1426.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12721 - Appendix A- Louisiana Hurricane Loss Mitigation Survey Form

Current through Register Vol. 50, No. 6, June 20, 2024
Louisiana Hurricane Loss Mitigation Survey Form
Instructions:
The
				  homeowner/policyholder shall complete Section I. A qualified inspector shall
				  complete Section II and sign Section III.
Section I
:
Insured Information
Applicant's/Insured's Name ___________________________
Location Address*
___________________________
___________________________
Applicant's / Insured's phone number (___)
				  ________________
Home or Business Phone Indicator H or B
The inspection shall be conducted on each occupiable
				  dwelling on the policy. This survey form does not pertain to accessory
				  structures such as detached garages, storage sheds, barns, etc. Please circle
				  the appropriate answer to each question.
Section II
:
Inspection
				  Survey
1)
BUILDING CODE:
				To what building or residential code was the dwelling constructed?
A) Louisiana State Uniform Construction
				Code
B) Certified by IBHS as a
				Fortified for Safer Living structure and built above the requirements of the
				Louisiana State Uniform Construction Code
C) Neither of the above; built to another
				code (specify)
________________________________
D) Unknown, unidentified, or no
				code
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12723 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any Section
				or provision of this regulation 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 this regulation 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 this regulation and the application to any persons or circumstances are
				severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 to enforce the provisions of
				  R.S.
				  22:1426.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 127 - Regulation Number 94-Premium Adjustments for Compliance with Building Codes and Damage Mitigation › Section XIII-12725 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation shall become effective upon final publication in the
Louisiana Register
. This regulation shall apply to all newly
				filed rates filed after March 31, 2008.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3 to enforce the provisions of
				  R.S.
				  22:1426.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12901 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				Regulation 95 is to implement the provisions of Acts 2006, No. 809, Regular
				Session of the Louisiana Legislature which mandates that a board of review be
				established within the Department of Insurance to review a public fire
				protection grading issued by the Property Insurance Association of
				Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S
				  22:1405(J), 1405.1, 1405.2,
				  1405.3, and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12903 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 95
				sets forth the procedures for review of a public fire protection grading issued
				by the Property Insurance Association of Louisiana,
				R.S.
				22:1405.1 through
				22:1405.3.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S
				  22:1405(J), 1405.1, 1405.2,
				  1405.3, and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12905 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 95 is
				issued pursuant to the authority vested in the Commissioner of Insurance
				pursuant to the provisions of
				R.S.
				49:953 et seq., of the Administrative
				Procedure Act;
				R.S.
				22:3, and specifically 22:1405(J) and 1405.1
				through 1405.3.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S
				  22:1405(J), 1405.1, 1405.2,
				  1405.3, and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12907 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of Regulation 95, these terms shall have the meaning ascribed herein unless the
				context clearly indicates otherwise.
Board
-board of review established by the
				  Louisiana Department of Insurance to review a public fire protection grading
				  issued by the Property Insurance Association of Louisiana pursuant to
				  R.S.
				  22:1405.1.A.
Commissioner
-Commissioner of
				  Insurance.
Fire Chief
-the highest ranking (appointed,
				  elected, or designated) fire fighter in a fire protection district or other
				  recognized fire protection agency. For the purposes of this regulation and
				  other than §12907, Definitions, the term
fire chief
shall be
				  inclusive of the term
fire chief's designee
.
Fire Chief's Designee
-that individual who is
				  designated, in writing by the fire chief to the commissioner, as an individual
				  authorized to request a review of a public fire protection grading issued by
				  the PIAL.
Fire Protection District
-a municipal fire
				  department or a state recognized fire service organization graded by the
				  PIAL.
PIAL
-Property Insurance Association of
				  Louisiana.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S
				  22:1405(J), 1405.1, 1405.2,
				  1405.3, and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12909 - Eligibility to Request Review

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				A fire chief shall have authority to request a review of a public fire
				protection grading issued by the PIAL if the following requirements of
				R.S.
				22:1405.2 have been satisfied:
1. the fire chief has attended the
				Professional Grading Assistance Program class, or has attended a class on fire
				suppression grading schedule sponsored by the Louisiana Fire Chief's
				Association or the Louisiana State Fireman's Association, or has attended a
				training seminar related to fire suppression grading that has been approved by
				either the Property Insurance Association of Louisiana or the Louisiana State
				University Fire and Emergency Training Institute; and
2. the fire chief sent a dispute letter to
				PIAL within 60 days of receipt of PIAL's public fire protection grading that
				specifically identified the fire chief's reasons for disagreement with PIAL's
				grading.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12911 - Request for Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fire
				chief shall make a written request for board review of the public fire
				protection grading to the commissioner within 60 days of PIAL's written
				response to the fire chief's dispute letter.
B If PIAL fails to provide a written response
				to the fire chief's dispute letter of a public fire protection grading within
				60 days of receipt of the dispute letter, the fire chief shall make a written
				request to the commissioner within 10 days of the expiration of the 60 day
				deadline for PIAL's response to the fire chief's dispute letter, for board
				review of the public fire protection grading.
C. The fire chief's written request for board
				review shall include, but not be limited to:
1. documentation that the fire chief or his
				designee has attended one of the classes listed in §12909. A 1;
2. a copy of the fire chief's dispute letter
				sent to PIAL with certified/registered mail post marks as referenced in
				§12923;
3. documentation used to
				support the fire chief's dispute of the public fire protection
				grading;
4. a copy of the initial
				questionnaire and other paperwork relevant to the dispute sent to PIAL by the
				fire chief;
5. a copy of the public
				fire protection grading report issued by PIAL for the fire protection district
				that is the subject of the request for the review with certified/registered
				mail post marks as referenced in §12923;
6. a copy of PIAL's written response to the
				fire chief's dispute letter, with certified/registered mail postmarks as
				referenced in §12923 If PIAL failed to respond to the fire chief's dispute
				letter, the fire chief shall include a statement to that effect; and
7. a copy of the fire chief's written request
				for review sent to the commissioner, with certified/registered mail postmarks
				as referenced in §12923
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12913 - Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				convene a hearing within 90 days after a request for review of a public fire
				protection grading has been properly submitted.
B. The board shall hold the hearing in the
				public fire protection district for which a request for review has been
				filed.
C. The fire chief shall
				provide a convenient forum to conduct the hearing in the public fire protection
				district that is the subject of the review.
D. All testimony presented to the board
				during a hearing shall be conducted under oath.
E. A transcript shall be taken of all
				testimony provided in a hearing or rehearing.
F. The board shall have 90 days following the
				hearing to render its decision.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S 22:1405(J), 1405.1, 1405.2, 1405.3, and the
				  Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12915 - Standard of Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
				shall determine whether the public fire protection grading issued by the PIAL
				was proper according to PIAL guidelines in use at the time the disputed public
				fire protection grading was performed.
B. The board's evaluation of the public fire
				protection grading issued by PIAL shall include information provided to the
				board pursuant to §12911. C as well as all testimony presented at the hearing
				or rehearing.
C. Within 10 days
				following a written request by the board, PIAL shall provide to the board all
				records relating to the grading of the public fire protection district that is
				the subject matter of the pending review including but not limited to:
1. a copy of all information provided to PIAL
				by the fire chief at the time the disputed grading of the subject fire
				protection district was performed;
2. a complete copy of PIAL's public fire
				protection grading procedures and guidelines used to grade the subject fire
				protection district at the time the disputed grading was performed;
3. a copy of PIAL's public fire protection
				grading notice of results sent to the fire chief, with certified/registered
				mail postmarks as referenced in §12923;
4. a copy of the fire chief's dispute letter
				sent to PIAL, with certified/registered mail postmarks as referenced in
				§12923;
5. a copy of PIAL's written
				response to the fire chief's dispute letter, with certified/registered mail
				postmarks as referenced in §12923
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12917 - Rehearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The fire chief
				and PIAL shall both have the right to request that the board reconsider its
				decision made pursuant to section
				§12911 through §12915
B. The request for rehearing of a board
				decision made pursuant to section
				§12911 through
				§12915 shall be made in writing to the
				commissioner within 10 days after receipt of a written decision of the board.
				The request for rehearing shall state the grounds upon which a rehearing should
				be granted.
C. The commissioner
				shall transmit the rehearing request to the board within 10 days of
				receipt.
D. The board shall have 60
				days from the receipt of a request for rehearing to make its decision to grant
				or deny the rehearing request.
E.
				The board shall give notice of its written decision to grant or deny a
				rehearing to both the fire chief and PIAL.
F. If the board grants the rehearing request,
				the board shall convene the rehearing within 90 days after granting the request
				for rehearing.
G. A rehearing shall
				be held at the Louisiana Department of Insurance.
H. The board may request additional
				information and documentation from either PIAL or the fire chief prior to a
				rehearing.
I. A transcript shall be
				taken of all testimony provided in a rehearing.
J. The board shall have 90 days following the
				rehearing to render its decision.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S 22:1405(J), 1405.1, 1405.2, 1405.3, and the
				  Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12919 - Decisions by the Board of Review; Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall transmit its written
				decision to both PIAL and the fire chief within 90 days of the completion of a
				hearing or rehearing.
B. The
				decision of the board shall instruct PIAL to:
1. reevaluate the disputed public fire
				protection grading for the subject fire protection district in accordance with
				the board's decision and instructions; or
2. impose the disputed public fire protection
				grading for the fire protection district.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12921 - Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				provide public notice of a public fire protection grading review hearing or
				rehearing 10 business days prior to the hearing. This notice shall provide the
				time, date, and location of the public fire protection review hearing or
				rehearing.
B. Notice shall be
				published on the department's website and in a publication commonly circulated
				in the disputed fire protection district or other official journal for the
				municipal fire district or recognized fire protection agency.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S 22:1405(J), 1405.1, 1405.2, 1405.3, and the
				  Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12923 - Certified/Registered Mail

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the
				purposes of this regulation, select correspondence underlying a board review of
				a public fire protection grading shall be made in writing and sent by
				certified/registered mail.
B. The
				following correspondence requires certified/registered post marks:
1. PIAL's original written notice of results
				of a public fire protection grading or original written notice of results of a
				change to an existing public fire protection grading;
2. the fire chief's written dispute letter to
				PIAL regarding PIAL's public fire protection grading;
3. PIAL's written response to the fire
				chief's dispute letter;
4. the fire
				chief's written request for board review sent to the commissioner;
5. the board's written decision rendered
				after a hearing or rehearing;
6. a
				fire chief's or PIAL's written request for rehearing sent to the
				commissioner;
7. the board's
				written decision to either grant or deny a rehearing;
8. the board's written request to PIAL for
				all records relating to the grading of the public fire protection district that
				is the subject of the review.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 129 - Regulation Number 95- Public Fire Protection Grading Board of Review › Section XIII-12925 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation shall become effective upon final publication in the
Louisiana Register
and shall apply to acts or practices
				committed on or after the effective date.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S 22:1405(J), 1405.1, 1405.2, 1405.3, and the
				  Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 131 - Regulation Number 96- Prescribed Minimum Statutory Reserve Liability and Nonforfeiture Standard for Preneed Life Insurance › Section XIII-13101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 96 is
				promulgated by the Commissioner of Insurance pursuant to authority granted
				under the Louisiana Insurance Code, Title 22,
				R.S.
				22:1 et seq., particularly the Standard
				Valuation Law,
				R.S.
				22:163.B.(1)(a) and the Standard
				Nonforfeiture Law for Life Insurance,
				R.S.
				22:168.G.(8)(f).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:163,
				  22:168 and
				  the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 131 - Regulation Number 96- Prescribed Minimum Statutory Reserve Liability and Nonforfeiture Standard for Preneed Life Insurance › Section XIII-13103 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 96
				applies to preneed life insurance policies as defined in
				§13107 of this regulation. Any
				discrepancy as to whether a particular insurance contract meets the definition
				of preneed life insurance as it pertains to this regulation will be resolved by
				the Commissioner of Insurance.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:163,
				  22:168 and
				  the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 131 - Regulation Number 96- Prescribed Minimum Statutory Reserve Liability and Nonforfeiture Standard for Preneed Life Insurance › Section XIII-13105 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				Regulation 96 is to establish the 1980 Commissioners Standard Ordinary (CSO)
				Life Insurance Valuation Mortality Table, defined in §13107, as the required
				minimum statutory reserve valuation and nonforfeiture value standard for
				preneed life insurance policies.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:163,
				  22:168 and
				  the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 131 - Regulation Number 96- Prescribed Minimum Statutory Reserve Liability and Nonforfeiture Standard for Preneed Life Insurance › Section XIII-13107 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
2001 CSO Mortality Table
- that mortality
				  table, consisting of separate rates of mortality for male and female lives,
				  developed by the American Academy of Actuaries CSO Task Force from the
				  Valuation Basic Mortality Table developed by the Society of Actuaries
				  Individual Life Insurance Valuation Mortality Task Force, and adopted by the
				  NAIC in December 2002. The 2001 CSO Mortality Table is included in the
				  Proceedings of the NAIC (2nd Quarter 2002). Unless the context indicates
				  otherwise, the "2001 CSO Mortality Table" includes both the ultimate form of
				  that table and the select and ultimate form of that table and includes both the
				  smoker and nonsmoker mortality tables and the composite mortality tables. It
				  also includes both the age-nearest-birthday and age-last-birthday bases of the
				  mortality tables.
Home Service Contracts
- those life insurance
				  policies and certificates issued by a company that has a home service marketing
				  distribution system as defined under Title 22, the Louisiana Insurance Code,
				  R.S 22: 1141.C(2). These policies have generally lower life insurance policy
				  face amounts with simplified issue and non-medically underwritten features. The
				  proceeds of these policies are usually used to pay burial and other funeral
				  expenses.
Preneed Life Insurance
- for purposes of this
				  regulation, is any life insurance policy or certificate that is issued in
				  combination with, in support of, with an assignment to, or as a guarantee for a
				  prearrangement agreement for goods and services to be provided at the time of,
				  and immediately following, the death of the insured. Goods and services may
				  include, but are not limited to, embalming, cremation, body preparation,
				  viewing or visitation, coffin or urn, memorial stone, and transportation of the
				  deceased. For the purpose of this regulation preneed life insurance shall
				  include home service contracts and other similarly underwritten life insurance
				  policies and certificates.
Ultimate 1980 CSO
- the Commissioners' 1980
				  Standard Ordinary Life Valuation Mortality Tables (1980 CSO) without 10-year
				  selection factors, incorporated into the 1980 amendments to the NAIC Standard
				  Valuation Law approved in December 1983.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:163,
				  22:168 and
				  the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 131 - Regulation Number 96- Prescribed Minimum Statutory Reserve Liability and Nonforfeiture Standard for Preneed Life Insurance › Section XIII-13109 - Minimum Valuation Mortality Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. For preneed life insurance policies, as
				defined in §13107, the mortality standard to be used to determine the minimum
				statutory reserve liabilities and nonforfeiture values for both male and female
				insureds shall be the Ultimate 1980 CSO.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:163,
				  22:168 and
				  the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 131 - Regulation Number 96- Prescribed Minimum Statutory Reserve Liability and Nonforfeiture Standard for Preneed Life Insurance › Section XIII-13111 - Minimum Valuation Interest Rate Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The minimum statutory valuation interest
				rate standard used in the valuation of preneed life insurance shall be the
				calendar year statutory valuation interest rates as defined in Title 22, the
				Louisiana Insurance Code,
				R.S.
				22:163.B.(1).
B. The minimum statutory interest rate
				standard used in the determination of nonforfeiture values for preneed life
				insurance shall be the calendar year statutory nonforfeiture interest rates as
				defined in Title 22, the Louisiana Insurance Code,
				R.S.
				22:168.G.(9).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:163,
				  22:168 and
				  the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 131 - Regulation Number 96- Prescribed Minimum Statutory Reserve Liability and Nonforfeiture Standard for Preneed Life Insurance › Section XIII-13113 - Minimum Valuation Method Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The standard method used to determine the
				minimum statutory reserve for preneed life insurance shall be the method
				defined in Title 22, the Louisiana Insurance Code,
				R.S.
				22:163.B.(4)(a).
B. The standard method used to determine the
				minimum nonforfeiture values for preneed life insurance shall be the method
				defined in Title 22, the Louisiana Insurance Code,
				R.S.
				22:168.G.(1).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:163,
				  22:168 and
				  the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 131 - Regulation Number 96- Prescribed Minimum Statutory Reserve Liability and Nonforfeiture Standard for Preneed Life Insurance › Section XIII-13115 - Transition Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. For preneed
				life insurance policies issued on or after the effective date of Regulation 96,
				and before January 1, 2012, the 2001 CSO may be used as the minimum statutory
				standard for reserves, and the minimum standard for nonforfeiture benefits, for
				both male and female insured lives.
B. If an insurer elects to use the 2001 CSO
				as a minimum statutory standard for any preneed life insurance policy, issued
				on or after the effective date of this regulation and before January 1, 2012,
				the insurer shall provide, as a part of the actuarial opinion memorandum
				submitted in support of the company's asset adequacy testing, an annual written
				notification to the domiciliary commissioner. The notification shall include:
1. a complete list of all preneed life
				insurance policy forms that use the 2001 CSO as a minimum standard;
2. a certification signed by the appointed
				actuary stating that the reserve methodology employed by the company in
				determining reserves for the preneed life insurance policies issued on or after
				the effective date of this regulation and using the 2001 CSO as a minimum
				statutory standard, develops adequate reserves (For the purposes of this
				certification, the preneed life insurance policies using the 2001 CSO as a
				minimum statutory standard cannot be aggregated with any other policies.);
				and
3. supporting information
				regarding the adequacy of reserves for preneed life insurance policies issued
				after the effective date of this regulation and using the 2001 CSO as a minimum
				statutory reserve standard.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 131 - Regulation Number 96- Prescribed Minimum Statutory Reserve Liability and Nonforfeiture Standard for Preneed Life Insurance › Section XIII-13117 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation
				96 will become effective upon promulgation in the
Louisiana
				Register
and will be applicable to preneed life insurance policies, as
				specified in §13103, issued on or after January 1, 2009.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:163,
				  22:168 and
				  the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 133 - Regulation Number 97-Vehicle Tracking Systems › Section XIII-13301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				Regulation 97 is to implement the provisions of Acts 2008, No. 132 of the
				Regular Session of the Louisiana Legislature which mandates that the Department
				of Insurance promulgate rules and regulations giving further definition of
				vehicle tracking systems as they relate to motor vehicle liability and physical
				damage insurance rate reductions for motor vehicles.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1457.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 133 - Regulation Number 97-Vehicle Tracking Systems › Section XIII-13303 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Regulation 97 shall apply to rate filings applied for by an insurer and
				approved by the commissioner on motor vehicle liability and physical damage
				insurance for coverage of any motor vehicle equipped with a vehicle tracking
				system which aids in the recovery of stolen vehicles.
B. The definition of a vehicle tracking
				system provided herein shall give interpretation and guidance to insurers
				offering rate reductions as authorized by the commissioner pursuant to
				R.S.
				22:1457(E).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1457 and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 133 - Regulation Number 97-Vehicle Tracking Systems › Section XIII-13305 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Regulation 97 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.
				22:1457(E).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1457 and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 133 - Regulation Number 97-Vehicle Tracking Systems › Section XIII-13307 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of Regulation 97 these terms shall have the meaning ascribed herein unless the
				context clearly indicates otherwise.
Commissioner
-Commissioner of
				  Insurance.
Insurer
-any authorized insurance company
				  which possesses a certificate of authority issued by the Commissioner to write
				  motor vehicle liability and physical damage insurance business in the state of
				  Louisiana.
Vehicle Tracking System
-an electronic
				  device, unit or system installed in a motor vehicle that is accessible after
				  that motor vehicle is stolen. When accessed, the electronic device, unit or
				  system shall be capable of transmitting information regarding the location of
				  the stolen motor vehicle to applicable and appropriate law enforcement
				  officials or private entities to assist in the recovery of the stolen motor
				  vehicle.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1457 and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 133 - Regulation Number 97-Vehicle Tracking Systems › Section XIII-13309 - Rate Reduction for Vehicle Tracking System

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon application by an insurer, an
				actuarially justified rate reduction for the installation of a vehicle tracking
				system shall be approved by the commissioner, in accordance with law. The rate
				reduction filed by the insurer shall apply to either motor vehicle liability
				coverage or physical damage insurance coverage, or both coverages, as approved
				by the commissioner, and shall reduce the insurance premium of any motor
				vehicle when the motor vehicle is equipped with a vehicle tracking
				system.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:1457.