X hits on this document

1849 views

0 shares

0 downloads

0 comments

36 / 359

Chapter 44.Emergency Rule 24—Suspension of Certain Statutes and Regulations Regarding Cancellations, Non-Renewals, Reinstatements, Premium Payments, Claim Filings and Related Provisions Regarding Any and All Insurance Matters Affecting Insureds in Louisiana Caused by Hurricane Gustav

§4401.Benefits, Entitlements, and Protections

A.The benefits, entitlements and protections of Emergency Rule 24 shall be applicable to insureds who, as of 12:01 a.m. on August 30, 2008 had a policy or insurance contract for any of the types of insurance enumerated in §4403 and reside in one of the following parishes: Acadia, Allen, Ascension, Assumption, Avoyelles, Beauregard, Calcasieu, Cameron, Catahoula, East Baton Rouge, East Feliciana, Evangeline, Franklin, Grant, Iberia, Iberville, Jefferson, Jefferson Davis, Lafayette, Lafourche, LaSalle, Livingston, Orleans, Plaquemines, Pointe Coupee, Rapides, Sabine, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Landry, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon, West Baton Rouge, Washington and West Feliciana. The zip codes applicable to these 43 parishes include, but may not be limited to, the list identified as "Hurricane Gustav Parish Zip Code List" found on the official Louisiana Department of Insurance Web site at www.ldi.state.la.us.

B.The benefits, entitlements and protections of Emergency Rule 24 shall be applicable to insureds who reside in a parish enumerated in §4401.A and obtain written documentation from either the chief executive officer of the applicable parish or municipality or other appropriate parish authority regarding the interruption of U.S. mail service; or insureds who reside in a parish enumerated in §4401.A and provide written notice that said insured was impacted by Hurricane Gustav in a manner including, but not limited to, evacuation, displacement, temporary relocation, or loss of power. In order to obtain the benefits, entitlements and protections of Emergency Rule 24, all such written documentation and/or notice shall be submitted to the insurer, HMO, health and accident insurer, property and casualty insurer, surplus lines insurer and any and all other entity doing business in Louisiana and/or regulated by the commissioner before 12:01 a.m. on October 1, 2008.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4403.Applicability

A.Emergency Rule 24 shall apply to any and all types of insurance, including, but not limited to, flood insurance (not issued pursuant to the NFIP), homeowners insurance, life insurance, group and individual health and accident insurance, limited benefit insurance, vehicle insurance, liability insurance, workers’ compensation insurance, burglary and forgery insurance, glass insurance, fidelity and surety insurance, title insurance, fire and extended coverage insurance, steam boiler and sprinkler leakage insurance, crop and livestock insurance (not issued pursuant to a USDA program), marine and transportation insurance, credit life, medical supplement insurance, credit property and casualty insurance, annuity insurance, HMOs, professional and medical malpractice liability insurance, property and

casualty insurance, all surplus lines insurance, self insurance funds, disability insurance, reciprocal insurance, long term care insurance, short term health insurance, stop loss insurance, excess loss insurance, Medicare supplement insurance, preferred provider organizations (PPOs), managed care organizations (MCOs) and any and all other insurance related entities licensed by the commissioner or doing business in Louisiana.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4405.Suspension of Statutory or Regulatory Provisions

A.Any statutory or regulatory provision, or any policy provision contained in any and all policies of insurance set forth in §4403 above, shall be suspended to the extent that said statutory or regulatory provision, or policy provision, imposed upon an insured a time limit to perform any act or transmit information or funds with respect to any insurance enumerated in §4403 above, which act or transmittal was to have been performed on or after 12:01 a.m. on August 30, 2008. The time limit for any such performance, act or transmittal shall be suspended until October 1, 2008.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4407.Suspension of Notice of Cancellation, Notice of Nonrenewal, Nonreinstatement

A.Emergency Rule 24 hereby suspends any notice of cancellation, notice of nonrenewal, nonreinstatement or any other notice related to any of the types of insurance enumerated in §4403 that was in force and effect as of 12:01 a.m. on August 30, 2008. Accordingly, any such notices that had not resulted in the actual cancellation, nonrenewal or nonreinstatement of the types of insurance enumerated in §4403 prior to 12:01 a.m. on August 30, 2008 shall be null and void. Furthermore, any such notice shall be reissued de novo to the insured in accordance with existing statutory requirements and any such notice shall not be issued to the insured until October 1, 2008 or thereafter.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

§4409.Suspension of Louisiana Insurance Code Provisions

A.Any and all provisions in the Louisiana Insurance Code relative to providing for a premium finance company to act on behalf of and/or as agent for an insurance company are hereby suspended. In furtherance thereof, the right, entitlement, legal provision or any other form of legal authority, including any policy provision, of any and all insurers to send a notice of cancellation is suspended effective 12:01 a.m. on August 30, 2008 and shall remain suspended until October 1, 2008. The right of any insurer to utilize the services of a premium finance company to issue any such notice is suspended during the pendency of Emergency Rule 24.

AUTHORITY NOTE:Promulgated in accordance with Executive Order BJ 2008-93.

HISTORICAL NOTE:Promulgated by the Department of Insurance, Office of the Commissioner, LR 34:

Louisiana Register   Vol. 34, No. 10   October 20, 2008

Document info
Document views1849
Page views1852
Page last viewedTue Jan 17 03:03:39 UTC 2017
Pages359
Paragraphs18243
Words293762

Comments