Louisiana Administrative Code › Title 37 - INSURANCE › Part XIII - Regulations › Chapter 95 - Regulation Number 81- Automobile Liability Insurance Premium Discount and Insurer Premium Tax Credit › Section XIII-9511 - Calculation of the Premium Discount; Proof of Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. All insurers shall grant a discount equal
				to 25 percent of the premium charged for an automobile liability insurance
				policy. The discount shall apply to new and renewal business if the named
				insured retains the status of active military personnel as defined in
				Regulation 81. For calculation purposes the discount shall only be applied to
				the premium charged for bodily injury and property damage liability, medical
				payments and uninsured motorists coverage as per
				R.S.
				22:1266(A)(2) and shall
				include, but shall not be limited to, all fixed expenses, variable expenses,
				and policy fees. For interim policy changes, the discount mandated by this
				Subsection shall be applied on a pro-rata basis in the same manner as similar
				discount programs, such as good-student discounts, are applied by an
				insurer.
B. The initial obligation
				to demonstrate eligibility for the premium discount rests with the AMP. Thus,
				prior to an insurer applying the premium discount mandated by
				R.S.
				22:1482(A), the AMP shall
				provide to the insurer a properly executed Louisiana Application for Military
				Discount on the current form approved by the LDI.
C. An insurer who obtains from an AMP a
				properly executed Louisiana application for military discount shall be eligible
				for a rebuttable presumption that the insurer is entitled to claim a tax credit
				against the premium taxes levied pursuant to
				R.S.
				22:838 and 831.
D. An insurer shall be barred from claiming
				the benefit of the rebuttable presumption if the insurer knew or should have
				known that the AMP provided false or fraudulent information on the Louisiana
				application for military discount and/or the insurer fails, neglects or refuses
				to report said false or fraudulent information regarding the AMP to the
				LDI.
E. The initial Louisiana
				Application for Military Discount shall be properly executed by the AMP and
				delivered to the insurer. The insurer is required to maintain the original and
				all subsequent renewals on file for inspection, verification and audit by the
				LDI to ensure that the AMP is entitled to the premium discount mandated by
				R.S.
				22:1482(A).
F. Active military personnel who is deployed
				out-of-state or overseas and who is:
1.
				single, shall be considered as based in this state for purposes of receiving
				the discount provided by
				R.S.
				22:1482 and
				§9515 of this regulation; or
2. married, and has a spouse and dependents
				who remain in this state, shall be considered as based in this state for
				purposes of receiving the discount provided by
				R.S.
				22:1482 and
				§9515 of this regulation; or
3. is single, and who has dependents who
				remain in this state, shall be considered as based in this state for purposes
				of receiving the discount provided by
				R.S.
				22:1482 and
				§9515 of this regulation.