X hits on this document

1600 views

0 shares

0 downloads

0 comments

37 / 359

§4411.Cancellation and Nonrenewal

A.As set forth is R.S. 22:1471, no policy shall be cancelled or nonrenewed because of a claim resulting from Hurricane Gustav or its aftermath.

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:

§4413.Suspension of Cancellation, Nonrenewal or Nonreinstatement

A.Except as provided for in §4421, the cancellation, nonrenewal or nonreinstatement of any and all insurance enumerated in §4403 herein and in Emergency Rule 25 that was in effect as of 12:01 a.m. on August 30, 2008 is hereby suspended and shall be deferred 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:

§4415.Policy Copy Request

A.If an insured requests from his insurer a copy of his policy, the insurer shall provide a copy of the requested policy to the insured without any charge or fee.

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:

§4417.New Policies

A.The provisions of Emergency Rule 24 shall not apply to any new policy of insurance for the types of insurance enumerated in §4403 and Emergency Rule 25 if said insurance policy was issued on or after 12:01 a.m. August 30, 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:

§4419.Premium Offset

A.All insurers regulated by Emergency Rule 24, including, but not limited to, property and casualty insurers, surplus lines insurers and any and all other entities doing business in Louisiana and/or regulated by the commissioner and other similar or related entities receiving a claim from an insured owing a premium may offset the premium that is owed by the insured from any claim payment made to the insured under the insurance policy. Section 4419 is not applicable to health insurance issuers, HMOs, PPOs, MCOs, third party administrators (TPAs) or any other health insurance entities doing business in Louisiana and/or regulated by the commissioner.

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:

§4421.Policy Cancellation upon Request

A.Nothing shall prevent an insurer from cancelling a policy upon the documented written request or written concurrence of the insured.

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:

§4423.Insured's Obligation to Pay Premiums

A.Unless otherwise cancelled pursuant to the provisions of §4421 herein, nothing in Emergency Rule 24 shall be construed to exempt or excuse an insured from the obligation to pay the premiums otherwise due for actual insurance coverage provided.

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:

§4425.Cancellation for Fraud or Material Representation

A.Emergency Rule 24 shall not prevent an insurer from canceling or terminating a policy of insurance for fraud or material misrepresentation on the part of the insured.

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:

§4427.Insured's Obligation to Provide Information and Cooperation

A.Emergency Rule 24 shall not relieve an insured who has a claim caused by Hurricane Gustav or its aftermath from compliance with the insured’s obligation to provide information and cooperate in the claim adjustment process relative to the claim.

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:

§4429.Interest, Penalties, Fees and Other Charges

A.The right of an insurer to impose or levy any additional interest, penalty, fee or other charge is hereby 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:

§4431.Petition for Exemption

A.Notwithstanding any other provision contained herein, the commissioner may exempt any insurer from compliance with Emergency Rule 24 upon the insurer filing with the commissioner a written "Petition for Exemption from Emergency Rule 24" which unequivocally demonstrates that compliance with Emergency Rule 24 will result in said insurer being subject to undue hardship, impairment, or insolvency.

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:

§4433.Intent and Purpose

A.The provisions of Emergency Rule 24 shall be liberally construed to effectuate the intent and purposes expressed herein and to afford maximum consumer protection for the insureds of 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:

§4435.Sanctions for Violations

A.The commissioner retains the authority to enforce violations of Emergency Rule 24. Accordingly, any insurer enumerated in Emergency Rule 24 or other entity doing business in Louisiana and/or regulated by the commissioner

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

Document info
Document views1600
Page views1603
Page last viewedTue Dec 06 17:36:02 UTC 2016
Pages359
Paragraphs18243
Words293762

Comments