reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter B - Privacy and Opt-Out Notices for Financial Information › Section XIII-9911 - Initial Privacy Notice to Consumers Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. Initial Notice Requirement. A licensee
				  shall provide a clear and conspicuous notice that accurately reflects its
				  privacy policies and practices to:
1.
				  Customer. An individual who becomes the licensee's customer, not later than
				  when the licensee establishes a customer relationship, except as provided in
				  Subsection E of this Section; and
2. Consumer. A consumer, before the licensee
				  discloses any nonpublic personal financial information about the consumer to
				  any nonaffiliated third party, if the licensee makes a disclosure other than as
				  authorized by §9931
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter B - Privacy and Opt-Out Notices for Financial Information › Section XIII-9913 - Annual Privacy Notice to Customers Required

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1.
				  General Rule. A licensee shall provide a clear and conspicuous notice to
				  customers that accurately reflects its privacy policies and practices not less
				  than annually during the continuation of the customer relationship. Annually
				  means at least once in any period of 12 consecutive months during which that
				  relationship exists. A licensee may define the 12 consecutive-month period, but
				  the licensee shall apply it to the customer on a consistent basis.
2. Example. A licensee provides a notice
				  annually if it defines the 12 consecutive-month period as a calendar year and
				  provides the annual notice to the customer once in each calendar year following
				  the calendar year in which the licensee provided the initial notice. For
				  example, if a customer opens an account on any day of Year 1, the licensee
				  shall provide an annual notice to that customer by December 31 of Year
				  2.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter B - Privacy and Opt-Out Notices for Financial Information › Section XIII-9915 - Information to be Included in Privacy Notices

Current through Register Vol. 50, No. 6, June 20, 2024
A. General Rule. The initial, annual and
				  revised privacy notices that a licensee provides under
				  §9911 shall include each of the
				  following items of information, in addition to any other information the
				  licensee wishes to provide, that applies to the licensee and to the consumers
				  to whom the licensee sends its privacy notice:
1. the categories of nonpublic personal
				  financial information that the licensee collects;
2. the categories of nonpublic personal
				  financial information that the licensee discloses;
3. the categories of affiliates and
				  nonaffiliated third parties to whom the licensee discloses nonpublic personal
				  financial information, other than those parties to whom the licensee discloses
				  information under
				  §9931 and 9933;
4. the categories of nonpublic personal
				  financial information about the licensee's former customers that the licensee
				  discloses and the categories of affiliates and nonaffiliated third parties to
				  whom the licensee discloses nonpublic personal financial information about the
				  licensee's former customers, other than those parties to whom the licensee
				  discloses information under
				  §9931 and 9933;
5. if a licensee discloses nonpublic personal
				  financial information to a nonaffiliated third party under
				  §9929 (and no other exception in
				  §9931 applies to that disclosure), a
				  separate description of the categories of information the licensee discloses
				  and the categories of third parties with whom the licensee has
				  contracted;
6. an explanation of
				  the consumer's right under
				  §9923 to opt out of the disclosure of
				  nonpublic personal financial information to nonaffiliated third parties,
				  including the methods by which the consumer may exercise that right at that
				  time;
7. any disclosures that the
				  licensee makes under Section 603(d)(2)(A)(iii) of the federal Fair Credit
				  Reporting Act (15 U.S.C.
				  1681 a(d)(2)(A)(iii)) (that is, notices
				  regarding the ability to opt out of disclosures of information among
				  affiliates);
8. the licensee's
				  policies and practices with respect to protecting the confidentiality and
				  security of nonpublic personal information; and
9. any disclosure that the licensee makes
				  under Subsection B of this Section.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter B - Privacy and Opt-Out Notices for Financial Information › Section XIII-9917 - Form of Opt Out Notice to Consumers and Opt Out Methods

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Form
				  of Opt Out Notice. If a licensee is required to provide an opt out notice under
				  §9923, it shall provide a clear and conspicuous notice to each of its consumers
				  that accurately explains the right to opt out under that Section. The notice
				  shall state:
a. that the licensee discloses or
				  reserves the right to disclose nonpublic personal financial information about
				  its consumer to a nonaffiliated third party;
b. that the consumer has the right to opt out
				  of that disclosure; and
c. a
				  reasonable means by which the consumer may exercise the opt out
				  right.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter B - Privacy and Opt-Out Notices for Financial Information › Section XIII-9919 - Revised Privacy Notices

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  General Rule. Except as otherwise authorized in this regulation, a licensee
				  shall not, directly or through an affiliate, disclose any nonpublic personal
				  financial information about a consumer to a nonaffiliated third party other
				  than as described in the initial notice that the licensee provided to that
				  consumer under §9911, unless:
1. the licensee
				  has provided to the consumer a clear and conspicuous revised notice that
				  accurately describes its policies and practices;
2. the licensee has provided to the consumer
				  a new opt out notice;
3. the
				  licensee has given the consumer a reasonable opportunity, before the licensee
				  discloses the information to the nonaffiliated third party, to opt out of the
				  disclosure; and
4. the consumer
				  does not opt out.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter B - Privacy and Opt-Out Notices for Financial Information › Section XIII-9921 - Delivery

Current through Register Vol. 50, No. 6, June 20, 2024
A. How to Provide
				  Notices. A licensee shall provide any notices that this regulation requires so
				  that each consumer can reasonably be expected to receive actual notice in
				  writing or, if the consumer agrees, electronically.
B.
1.
				  Examples of Reasonable Expectation of Actual Notice. A licensee may reasonably
				  expect that a consumer will receive actual notice if the licensee:
a. hand-delivers a printed copy of the notice
				  to the consumer;
b. mails a printed
				  copy of the notice to the last known address of the consumer separately, or in
				  a policy, billing or other written communication;
c. for a consumer who conducts transactions
				  electronically, posts the notice on the electronic site and requires the
				  consumer to acknowledge receipt of the notice as a necessary step to obtaining
				  a particular insurance product or service;
d. for an isolated transaction with a
				  consumer, such as the licensee providing an insurance quote or selling the
				  consumer travel insurance, posts the notice and requires the consumer to
				  acknowledge receipt of the notice as a necessary step to obtaining the
				  particular insurance product or service.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter C - Limits on Disclosures of Financial Information › Section XIII-9923 - Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Conditions for Disclosure. Except as
				  otherwise authorized in this regulation, a licensee may not, directly or
				  through any affiliate, disclose any nonpublic personal financial information
				  about a consumer to a nonaffiliated third party unless:
a. the licensee has provided to the consumer
				  an initial notice as required under §9911;
b. the licensee has provided to the consumer
				  an opt out notice as required in §9917;
c. the licensee has given the consumer a
				  reasonable opportunity, before it discloses the information to the
				  nonaffiliated third party, to opt out of the disclosure; and
d. the consumer does not opt out.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter C - Limits on Disclosures of Financial Information › Section XIII-9925 - Limits on Re-Disclosure and Reuse of Nonpublic Personal Financial Information

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. Information the Licensee Receives under an
				  Exception. If a licensee receives nonpublic personal financial information from
				  a nonaffiliated financial institution under an exception in
				  §9931 of this regulation, the
				  licensee's disclosure and use of that information is limited as follows:
a. the licensee may disclose the information
				  to the affiliates of the financial institution from which the licensee received
				  the information;
b. the licensee
				  may disclose the information to its affiliates, but the licensee's affiliates
				  may, in turn, disclose and use the information only to the extent that the
				  licensee may disclose and use the information; and
c. the licensee may disclose and use the
				  information pursuant to an exception in
				  §9931 of this regulation, in the
				  ordinary course of business to carry out the activity covered by the exception
				  under which the licensee received the information.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter C - Limits on Disclosures of Financial Information › Section XIII-9927 - Limits on Sharing Account Number Information for Marketing Purposes

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				  Prohibition on Disclosure of Account Numbers. A licensee shall not, directly or
				  through an affiliate, disclose, other than to a consumer reporting agency, a
				  policy number or similar form of access number or access code for a consumer's
				  policy or transaction account to any nonaffiliated third party for use in
				  telemarketing, direct mail marketing or other marketing through electronic mail
				  to the consumer.
B. Exceptions.
				  Subsection A of this Section does not apply if a licensee discloses a policy
				  number or similar form of access number or access code:
1. to the licensee's service provider solely
				  in order to perform marketing for the licensee's own products or services, as
				  long as the service provider is not authorized to directly initiate charges to
				  the account;
2. to a licensee who
				  is a producer solely in order to perform marketing for the licensee's own
				  products or services; or
3. to a
				  participant in an affinity or similar program where the participants in the
				  program are identified to the customer when the customer enters into the
				  program.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter D - Exceptions to Limits on Disclosures of Financial Information › Section XIII-9929 - Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing

Current through Register Vol. 50, No. 6, June 20, 2024
A. General Rule
1. The opt out requirements in
				  §9917 do not apply when a licensee
				  provides nonpublic personal financial information to a nonaffiliated third
				  party to perform services for the licensee or functions on the licensee's
				  behalf, if the licensee:
a. provides the
				  initial notice in accordance with §9911; and
b. enters into a contractual agreement with
				  the third party that prohibits the third party from disclosing or using the
				  information other than to carry out the purposes for which the licensee
				  disclosed the information, including use under an exception in
				  §9931 in the ordinary course of
				  business to carry out those purposes.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter D - Exceptions to Limits on Disclosures of Financial Information › Section XIII-9931 - Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Exceptions for
				  Processing Transactions at Consumer's Request. The requirements for initial
				  notice in §9911. A 2, the opt out in
				  §9917 and 9923, and service providers
				  and joint marketing in
				  §9929 do not apply if the licensee
				  discloses nonpublic personal financial information as necessary to effect,
				  administer or enforce a transaction that a consumer requests or authorizes, or
				  in connection with:
1. servicing or
				  processing an insurance product or service that a consumer requests or
				  authorizes;
2. maintaining or
				  servicing the consumer's account with a licensee, or with another entity as
				  part of a private label credit card program or other extension of credit on
				  behalf of such entity;
3. a
				  proposed or actual securitization, secondary market sale (including sales of
				  servicing rights) or similar transaction related to a transaction of the
				  consumer; or
4. reinsurance or stop
				  loss or excess loss insurance.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter D - Exceptions to Limits on Disclosures of Financial Information › Section XIII-9945 - Protection of Existing Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing in this regulation shall be
				  construed to modify, limit or supersede the operation of the federal Fair
				  Credit Reporting Act (15 U.S.C.
				  1681 et seq.) or of Louisiana Revised
				  Statutes Sections 22:1474, 23:1200.3 or 22:3063, and no inference shall be
				  drawn on the basis of the provisions of this regulation regarding whether
				  information is transaction or experience information under Section 603 of the
				  federal Fair Credit Reporting Act.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 22:2, 22:3, 22:1474, 22:3052, 22:3054,
					 22:3063,
					 23:1200.3,
					 Gramm-Leach-Bliley Act, Public Law 106-102 Nov. 12,
					 1999,
					 15 U.S.C.
					 1681, et
					 seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter D - Exceptions to Limits on Disclosures of Financial Information › Section XIII-9947 - Nondiscrimination

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensee shall
				  not unfairly discriminate against any consumer or customer because that
				  consumer or customer has opted out from the disclosure of his or her nonpublic
				  personal financial information pursuant to the provisions of this
				  regulation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 22:2,
					 22:3,
					 22:1214,
					 22:2020;
					 22:3052; 22:3054, 22:3063.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter D - Exceptions to Limits on Disclosures of Financial Information › Section XIII-9949 - 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.
				  22:1214, et seq.
B. Violations of this regulation shall
				  subject the violators to penalties as provided in
				  R.S.
				  22:1217,
				  22:1217.1, and any
				  other applicable provisions of law.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 22:2,
					 22:3,
					 22:1214, et
					 seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter D - Exceptions to Limits on Disclosures of Financial Information › Section XIII-9951 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				  or item of Regulation 79 or the Emergency Rule 31, or the application thereof,
				  is held invalid, such invalidity shall not affect other provisions, items or
				  applications of Regulation 79 or Emergency Rule 31 which can be given effect
				  without the invalid provision, item, or application.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 22:2,
					 22:3,
					 22:1595,
					 22:1604,
					 Gramm-Leach-Bliley Act, Public Law 106-102, November
					 12, 1999, and Fixing Americas Surface Transportation Act,
					 Public Law
					 114-94, December 4,
					 2015.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 99 - Regulation 76-Privacy of Consumer › Subchapter D - Exceptions to Limits on Disclosures of Financial Information › Section XIII-9953 - Effective Date

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Rule
				  shall be effective upon adoption.
B.
1.
				  Notice Requirement for Consumers who are the Licensee's Customers on the
				  Compliance Date. By July 1, 2001, a licensee shall provide an initial notice,
				  as required by Section 5, to consumers who are the licensee's customers on July
				  1, 2001.
2. Example. A licensee
				  provides an initial notice to consumers who are its customers on July 1, 2001,
				  if, by that date, the licensee has established a system for providing an
				  initial notice to all new customers and has mailed the initial notice to all
				  the licensee's existing customers.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 101 - Regulation 78-Policy Form Filing Requirements › Section XIII-10101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is:
1. to provide for the
				uniform and practicable administration of the form filing, review and approval
				requirements of the
Louisiana Insurance Code;
2. to clarify the provisions of R. S.
				22:861(B);
3. to protect the
				interests of insurance consumers and the public through improvements to the
				form filing, review and approval processes; and
4. to assist all insurers doing business in
				the state of Louisiana in complying with the form filing, review and approval
				requirements of the
Louisiana Insurance Code.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 101 - Regulation 78-Policy Form Filing Requirements › Section XIII-10103 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation
				is adopted pursuant to
				R.S.
				22:11.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11 and Directive
				  169.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 101 - Regulation 78-Policy Form Filing Requirements › Section XIII-10105 - Applicability and Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This
				regulation applies to all insurers doing business in the state of Louisiana
				subject to the form filing, review and approval provisions of the
Louisiana Insurance Code.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11, Directive 169,
				  R.S.
				  22:861,
				  R.S.
				  22:862 and
				  R.S.
				  22:974.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 101 - Regulation 78-Policy Form Filing Requirements › Section XIII-10115 - Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pursuant to
				R.S.
				22:44, "False or Fraudulent Material
				Information," in accordance with all provisions thereof, and specifically
				applicable to all documents required by this regulation.
1. It shall be unlawful for any person to
				intentionally and knowingly supply false or fraudulent material information
				pertaining to any document or statement required by the department.
2. Whoever violates the provisions of this
				Section shall be imprisoned, with or without hard labor, for not more than five
				years, or fined not more than $5,000, or both.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 101 - Regulation 78-Policy Form Filing Requirements › Section XIII-10117 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				of this regulation, or its application to any person or circumstance, is held
				invalid, such determination shall not affect other provisions or applications
				of this regulation which can be given effect without the invalid provision or
				application, and to that end, the provisions of this regulation are
				severable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11, Directive 169,
				  R.S.
				  22:861,
				  R.S.
				  22:862 and
				  R.S.
				  22:974.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 101 - Regulation 78-Policy Form Filing Requirements › Section XIII-10119 - Effective Date [Formerly Section 10117]

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation became effective January
				1, 2003; however, the amendments to this regulation will become effective
				January 1, 2019.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:11, Directive 169,
				  R.S.
				  22:861,
				  R.S.
				  22:862 and
				  R.S.
				  22:974.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 103 - Regulation 79-Limited Licensing for Motor Vehicle Rental Companies › Section XIII-10301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is:
1. to implement the
				qualifications and procedures for licensing motor vehicle rental or leasing
				companies to sell or offer insurance in conjunction with the rental of a
				vehicle;
2. to govern the
				transactions of selling travel or automobile related products or coverage in
				conjunction with and incidental to the rental of vehicles.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 103 - Regulation 79-Limited Licensing for Motor Vehicle Rental Companies › Section XIII-10303 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of this regulation the following terms shall have the meaning ascribed herein,
				unless the context clearly indicates otherwise.
Commissioner
-the Commissioner of
				  Insurance.
Department
-the Department of
				  Insurance.
Detailed Plan of Operation
or
Plan
-a comprehensive overview of the licensee's rental
				  business pursuit in so far as it is regulated by the Department of Insurance.
				  This information will supplement the restricted license application and will be
				  on forms provided by the department.
Limited Licensee
-a person or entity
				  authorized to sell certain coverage relating to the rental of vehicles pursuant
				  to the provisions of Part XVII of Chapter 2 of Title 22 of the Louisiana
				  Revised Statutes of 1950.
Part
-Part XVII of Chapter 2 of Title 22 of
				  the Louisiana Revised Statutes of 1950, comprised of
				  R.S.
				  22:2101 through 2112.
Rental Agreement
-any written agreement
				  setting forth the terms and conditions governing the use of a vehicle provided
				  by the rental company for rental or lease.
Rental Company
-any person or entity in the
				  business of providing primarily private passenger vehicles to the public under
				  a rental agreement for a period not to exceed 90 days.
Rental Period
-the term of the rental
				  agreement.
Renter
-any person or entity obtaining the
				  use of a vehicle from a rental company under the terms of a rental agreement
				  for a period not to exceed 90 days.
Vehicle
or
Rental Vehicle
-a
				  motor vehicle of the private passenger type including passenger vans, minivans
				  and sport utility vehicles, and of the cargo type including but not limited to
				  cargo vans, pickup trucks and trucks with a gross vehicle weight of less than
				  26,000 pounds and which do not require the operator to possess a commercial
				  driver's license.
a. Pursuant to
				  R.S.
				  32:408 B, Classes of licenses, this provision
				  includes as a "vehicle" or "rental vehicle" those motor vehicles which require
				  the operator to possess a Class "D" Chauffeur's License.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:2112,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 103 - Regulation 79-Limited Licensing for Motor Vehicle Rental Companies › Section XIII-10305 - Issuance of Limited License-in General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to approval, an applicant for a
				limited license issued to a motor vehicle rental company or franchisee of a
				motor rental company shall at a minimum:
1.
				submit an application on forms prescribed by the commissioner;
2. pay the applicable fee required by this
				Part;
3. provide a detailed plan of
				operation pursuant to §10307. B of this regulation;
4. provide an insurance sales material
				disclosure pursuant to §10307. C of this regulation;
5. provide a training program or syllabus and
				train all employees pursuant to §10307. D of this regulation.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 103 - Regulation 79-Limited Licensing for Motor Vehicle Rental Companies › Section XIII-10307 - Limited Licensing; Application, Supplements, Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicants for a
				rental company limited license shall apply to the Commissioner of Insurance on
				forms established by the commissioner. The application may request any
				information deemed necessary by the commissioner, including but not limited to
				the following:
1. the applicant's corporate,
				firm, or other business entity name, the business address and telephone number
				of the principal place of business and the business address and telephone
				number of each additional location at which the applicant will transact
				business under the license;
2. all
				assumed business names and other names under which the applicant will engage in
				business under the license;
3. the
				names of the employees, its agents, members, partners, officers, directors and
				stockholders of the applicant personally engaged in this state in soliciting or
				negotiating insurance in conjunction with the rental of a vehicle;
4. a declaration by the applicant that the
				applicant:
a. is competent and
				trustworthy;
b. intends to act in
				good faith;
c. has a good business
				reputation;
d. has the appropriate
				experience, training or education that qualifies the applicant for the license
				applied for;
e. has or will train
				all employees to be involved in the sale, offering, or negotiation of coverage
				prior to their conducting such activities with members of the public;
5. the application shall be signed
				by an officer of the applicant.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 103 - Regulation 79-Limited Licensing for Motor Vehicle Rental Companies › Section XIII-10309 - Renewals

Current through Register Vol. 50, No. 6, June 20, 2024
A. A limited
				license expires on the last day of the month in which the second anniversary of
				the initial issuance occurs. Thereafter, the limited license shall expire on
				the second anniversary following each renewal.
B. Prior to expiration, the licensee shall
				notify the commissioner of its intention to continue the license on forms
				provided by the commissioner and shall submit the applicable renewal fee as set
				forth in this Part. Late filings will be assessed a late fee as authorized by
				R.S.
				22:1078.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:2112,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 103 - Regulation 79-Limited Licensing for Motor Vehicle Rental Companies › Section XIII-10311 - Limitations of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				rental company licensed pursuant to this Part may offer or sell insurance only
				in connection with and incidental to the rental of vehicles, whether at the
				rental office or by pre-selection of coverage in a master, corporate,
				individual, or group rental agreement, in any of the following general
				categories:
1. personal accident insurance
				covering the risks of travel including but not limited to accident and health
				insurance that provides coverage, as applicable, to renters and other rental
				vehicle occupants for accidental death or dismemberment and reimbursement for
				medical expenses resulting from an accident that occurs during the rental
				period;
2. liability insurance that
				provides coverage, as applicable, to renters and other authorized drivers of
				rental vehicles for liability arising from the operation of the rental
				vehicle;
3. personal effects
				insurance that provides coverage, as applicable, to renters and other vehicle
				occupants for the loss of or damage to personal effects that occurs during the
				rental period;
4. roadside
				assistance and emergency sickness protection programs;
5. any other travel or automobile-related
				coverage that a rental company offers in connection with and incidental to the
				rental of vehicles.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 103 - Regulation 79-Limited Licensing for Motor Vehicle Rental Companies › Section XIII-10313 - Insurance Charges

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Notwithstanding any other provision of this Part or any rule adopted by the
				commissioner, a limited licensee pursuant to Part XVII of Chapter 2 of Title 22
				of the Louisiana Revised Statutes of 1950,
				§2101 et seq., shall not be required to
				treat monies collected from renters purchasing such insurance when renting
				vehicles as funds received in a fiduciary capacity, provided that the charges
				for coverage shall be itemized and be ancillary to a rental transaction. The
				sale of insurance not in conjunction with a rental transaction is prohibited by
				the provisions of this Part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:2112,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 103 - Regulation 79-Limited Licensing for Motor Vehicle Rental Companies › Section XIII-10315 - Penalties for Violations

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				the event that any provision of Part XVII of Chapter 2 of Title 22 of the
				Louisiana Revised Statutes of 1950,
				§2101 et seq., or other applicable
				provision of this Title is violated by a limited licensee, the commissioner may
				revoke, suspend, refuse to renew, or levy a fine not to exceed $1,000 for each
				violation, up to $100,000 in the aggregate for all violations in a calendar
				year per limited licensee, or impose such other penalty as the commissioner may
				deem necessary or convenient to carry out the purpose of this Part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:2112,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 103 - Regulation 79-Limited Licensing for Motor Vehicle Rental Companies › Section XIII-10317 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. All limited
				licensees under Part XVII of Chapter 2 of Title 22 of the Louisiana Revised
				Statutes of 1950,
				§2101 et. seq shall be subject to all
				other applicable provisions of this Title unless specifically exempted by Part
				XVII of Chapter 2 of Title 22 of the Louisiana Revised Statutes of 1950,
				§2101 et. seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:2112,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 103 - Regulation 79-Limited Licensing for Motor Vehicle Rental Companies › Section XIII-10319 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any provision
				or item of this regulation, or the application thereof, is held to be invalid,
				such invalidity shall not affect other provisions, items, or applications of
				the regulation, which can be given effect without the invalid provisions, item,
				or application.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  22:3,
				  22:2112,
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 105 - Regulation Number 83-Domestic Insurer's Use of Custodial Agreements and the Use of Clearing Corporations › Section XIII-10505 - Deposit with Affiliates; Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Nothing in this regulation shall prevent
				an insurance company from depositing securities with another insurance company
				with which the depositing insurance company is affiliated, provided that the
				securities are deposited pursuant to a written agreement authorized by the
				board of directors of the depositing insurance company or an authorized
				committee thereof and that the receiving insurance company is organized under
				the laws of one of the states of the United States of America or of the
				District of Columbia. If the respective states of domicile of the depositing
				and receiving insurance companies are not the same, the depositing insurance
				company shall have given notice of the deposit to the insurance commissioner in
				the state of its domicile and the insurance commissioner shall not have
				objected to it within 30 days of the receipt of the notice.
B. The terms of the agreement shall comply
				with the following.
1. The insurance company
				receiving the deposit shall maintain records adequate to identify and verify
				the securities belonging to the depositing insurance company.
2. The receiving insurance company shall
				allow representatives of an appropriate regulatory body to examine records
				relating to securities held subject to the agreement.
3. The depositing insurance company may
				authorize the receiving insurance company:
a.
				to hold the securities of the depositing insurance company in bulk, in
				certificates issued in the name of the receiving insurance company or its
				nominee, and to commingle them with securities owned by other affiliates of the
				receiving insurance company; and
b.
				to provide for the securities to be held by a custodian, including the
				custodian of securities of the receiving insurance company or in a clearing
				corporation.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 105 - Regulation Number 83-Domestic Insurer's Use of Custodial Agreements and the Use of Clearing Corporations › Section XIII-10507 - Custodian Affidavit-Form A

Current through Register Vol. 50, No. 6, June 20, 2024
CUSTODIAN AFFIDAVIT
(For use by a custodian where securities entrusted to its
				  care have not been redeposited elsewhere.)
STATE OF __________________________)
) ss.
COUNTY OF ________________________)
_____________________________, being duly sworn deposes and
				  says that he or she is ____________________ of
				  _____________________________________, a corporation organized under and
				  pursuant to the laws of the _________________ with the principal place of
				  business at ____________________________ (hereinafter called the
				  "corporation"):
That his or her duties involve supervision of activities as
				  custodian and records relating thereto;
That the corporation is custodian for certain securities of
				  _________________________________________ having a place of business at
				  _____________________________ _______________________ (hereinafter called the
				  "insurance company") pursuant to an agreement between the corporation and the
				  insurance company;
That the schedule attached hereto is a true and complete
				  statement of securities (other than those caused to be deposited with The
				  Depository Trust Company or like entity or a Federal Reserve Bank under the
				  TRADES or Treasury Direct systems) which were in the custody of the corporation
				  for the account of the insurance company as of the close of business on
				  ________________________; that, unless otherwise indicated on the schedule, the
				  next maturing and all subsequent coupons were then either attached to coupon
				  bonds or in the process of collection; and that, unless otherwise shown on the
				  schedule, all such securities were in bearer form or in registered form in the
				  name of the insurance company or its nominee or of the corporation or its
				  nominee, or were in the process of being registered in such form;
That the corporation as custodian has the responsibility for
				  the safekeeping of such securities as that responsibility is specifically set
				  forth in the agreement between the corporation as custodian and the insurance
				  company; and
That, to the best of his or her knowledge and belief, unless
				  otherwise shown on the schedule, the securities were the property of the
				  insurance company and were free of all liens, claims or encumbrances
				  whatsoever.
Subscribed and sworn to
before me this _____ day
of ______________, 20____
_______________________________ (L.S.)
Vice President [or other authorized
				  officer]
AUTHORITY NOTE:
				  Promulgated in accordance with Act 342 of the 2004 Louisiana Regular
				  Legislative Session;
				  R.S.
				  22:39(D).; and the Louisiana
				  Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 105 - Regulation Number 83-Domestic Insurer's Use of Custodial Agreements and the Use of Clearing Corporations › Section XIII-10509 - Custodian Affidavit-Form B

Current through Register Vol. 50, No. 6, June 20, 2024
CUSTODIAN AFFIDAVIT
(For use in instances where a custodian corporation maintains
				  securities on deposit with the Depository Trust Company or like entity.)
STATE OF __________________________)
) ss.
COUNTY OF ________________________)
________________________________, being duly sworn deposes
				  and says that he or she is ____________________ of _________________________, a
				  corporation organized under and pursuant to the laws of the __________________
				  with the principal place of business at __________________________ (hereinafter
				  called the "corporation"):
That his or her duties involve supervision of activities of
				  the corporation as custodian and records relating thereto;
That the corporation is custodian for certain securities of
				  __________________________ having a place of business at _____________________
				  _________________________ (hereinafter called the "insurance company") pursuant
				  to an agreement between the corporation and the insurance company;
That the corporation has caused certain of such securities to
				  be deposited with _______________________________ and that the schedule
				  attached hereto is a true and complete statement of the securities of the
				  insurance company of which the corporation was custodian as of the close of
				  business on ____________________________________, and which were so deposited
				  on such date;
That the corporation as custodian has the responsibility for
				  the safekeeping of the securities both in the possession of the corporation or
				  deposited with ________________________ as is specifically set forth in the
				  agreement between the corporation as custodian and the insurance company;
				  and
That, to the best of his or her knowledge and belief, unless
				  otherwise shown on the schedule, the securities were the property of the
				  insurance company and were free of all liens, claims or encumbrances
				  whatsoever.
Subscribed and sworn to
before me this _____ day
of ______________, 20____
_______________________________ (L.S.)
Vice President [or other authorized
				  officer]
AUTHORITY NOTE:
				  Promulgated in accordance with Act 342 of the 2004 Louisiana Regular
				  Legislative Session;
				  R.S.
				  22:39(D).; and the Louisiana
				  Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 105 - Regulation Number 83-Domestic Insurer's Use of Custodial Agreements and the Use of Clearing Corporations › Section XIII-10511 - Custodian Affidavit-Form C

Current through Register Vol. 50, No. 6, June 20, 2024
CUSTODIAN AFFIDAVIT
(For use where ownership is evidenced by book entry at a
				  Federal Reserve Bank.)
STATE OF __________________________)
) ss.
COUNTY OF ________________________)
_______________________________________, being duly sworn
				  deposes and says that he or she is _____________ of
				  _______________________________________________, a corporation organized under
				  and pursuant to the laws of the __________________________ with the principal
				  place of business at _________________________________________ (hereinafter
				  called the "corporation"):
That his or her duties involve supervision of activities of
				  the corporation as custodian and records relating thereto;
That the corporation is custodian for certain securities of
				  ______________________________________ with a place of business at
				  __________________________ (hereinafter called the "insurance company")
				  pursuant to an agreement between the corporation and the insurance
				  company;
That it has caused certain securities to be credited to its
				  book entry account with the Federal Reserve Bank of
				  ________________________________________ under the TRADES or Treasury Direct
				  systems; and that the schedule attached hereto is a true and complete statement
				  of the securities of the insurance company of which the corporation was
				  custodian as of the close of business on ________________, which were in a
				  "general" book entry account maintained in the name of the corporation on the
				  books and records of the Federal Reserve Bank of _______________________ at
				  such date;
That the corporation has the responsibility for the
				  safekeeping of such securities both in the possession of the corporation or in
				  the "general" book entry account as is specifically set forth in the agreement
				  between the corporation as custodian and the insurance company; and
That, to the best of his or her knowledge and belief, unless
				  otherwise shown on the schedule, the securities were the property of the
				  insurance company and were free of all liens, claims or encumbrances
				  whatsoever.
Subscribed and sworn to
before me this _____ day
of ______________, 20____
_______________________________ (L.S.)
Vice President [or other authorized
				  officer]
AUTHORITY NOTE:
				  Promulgated in accordance with Act 342 of the 2004 Louisiana Regular
				  Legislative Session;
				  R.S.
				  22:39(D).; and the Louisiana
				  Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 107 - Regulation 84-Recognition and Selection of Applicable CSO Mortality Table in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits › Section XIII-10701 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. This regulation
				is promulgated by the commissioner of insurance pursuant to authority granted
				under the Louisiana Insurance Code, Title 22, §22:1 et seq., particularly the
				Standard Valuation Law, see Title 22,
				§753 and the Standard Nonforfeiture Law
				for Life Insurance, see Title 22
				§936
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.22:11,
				  22:753,
				  22:936
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.
Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 107 - Regulation 84-Recognition and Selection of Applicable CSO Mortality Table in Determining Minimum Reserve Liabilities and Nonforfeiture Benefits › Section XIII-10703 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this regulation is to recognize, permit and prescribe the use of the applicable
				Commissioners Standard Ordinary (CSO) Mortality Table in accordance with
				R.S.
				22:753 (the Standard Valuation Law for Life
				Insurance),
				R.S.
				22:936 (the Standard Nonforfeiture Law for
				Life Insurance) and
				Sections
				10909.A and
				Sections
				10909.B of
				Regulation 85.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.22:11,
				  22:753,
				  22:936
				  and the Administrative Procedure Act,
				  R.S.
				  49:950 et
				  seq.