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who violates any provision of Emergency Rule 24 shall be subject to prosecution by the commissioner under any applicable provisions of the Louisiana Insurance Code, including the provisions of the R.S. 22:250.41, et seq., R.S. 22:1211, et seq., and specifically including, but not limited to, R.S. 22:1214(7), (12) and (14). Additionally, the penalty provisions set forth in LSA-R.S. 22:1217 shall be applicable. These provisions include penalties of $1,000 for each separate act, or $25,000 for each separate act if the violator knew or reasonably should have known he was in violation of Emergency Rule 24, as well as a cease and desist order and the imposition of other penalties and suspension or revocation of the license. Additionally, R.S. 22:1220, which, among other things, imposes the obligation of good faith and fair dealing shall also be subject to the enforcement authority of the commissioner. This law sets forth penalties and exemplary damages which shall be enforceable by the commissioner for any violation of Emergency Rule 24. Finally, the commissioner may impose any other applicable civil and criminal sanctions for violations 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:

§4437.Applying Provisions outside of Affected Parishes

A.Nothing in Emergency Rule 24 shall preclude an insurer from voluntarily applying the provisions of Emergency Rule 24 relating to cancellation, nonrenewal and nonreinstatement to any other person who is an insured and who resides in any parish other than the parishes set forth in Section 4401.

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:

§4439.Authority

A.The commissioner reserves the right to amend, modify, alter or rescind all or any portions of Emergency Rule 24. Additionally, the commissioner reserves the right to extend 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:

§4441.Severability Clause

A.If any section or provision of Emergency Rule 24 is held invalid, such invalidity or determination shall not affect other sections or provisions, or the application of Emergency Rule 24, to any persons or circumstances that can be given effect without the invalid sections or provisions and the application to any person or circumstance shall be severable.

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:

§4443.Effective Date

A.Emergency Rule 24 shall become effective at 12:01 a.m. on August 30, 2008 and shall continue in full force and effect 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:

James J. Donelon

Commissioner

0810#003

DECLARATION OF EMERGENCY

Department of Insurance

Office of the Commissioner

Emergency Rule 25—Suspension of Certain Statutes and Regulations Regarding Health Insurance and Related Provisions Regarding Any and All Health Insurance Matters Affecting Insureds in Louisiana Caused by Hurricane Gustav (LAC 37:XI.Chapter 45)

Emergency Rule 25 is issued to address Hurricane Gustav which made landfall in Louisiana on September 1, 2008. Emergency Rule 25 is issued pursuant to the plenary authority of the Commissioner of Insurance for the State of Louisiana, including, but not limited to, the following: Proclamation No. 51 BJ 2008 issued on August 27, 2008 by Governor Bobby Jindal declaring a State of Emergency extending from August 27, 2008 through September 26, 2008; the Federal Emergency Management Agency’s Notice of a Major Disaster Declaration (FEMA-1786-DR); Amendment Nos. 1, 2, 3 and 4 to FEMA-1786-DR; Executive Order No. BJ 08-93 issued September 9, 2008 by Governor Bobby Jindal transferring authority over any and all insurance matters to Commissioner of Insurance James J. Donelon (commissioner); R.S. 29:724; R.S. 29:766; R.S. 22:2; R.S. 22:3; R.S. 22:1214.(7), (12) and (14); R.S. 49:950 et seq.

On August 27, 2008, Governor Bobby Jindal declared a State of Emergency within the state of Louisiana in response to the expected landfall of Hurricane Gustav. As a result of the hurricane's landfall, Hurricane Gustav caused extensive power outages and flooding that destroyed many homes and impacted the livelihood of the citizens of Louisiana. This State of Emergency extends from Wednesday, August 27, 2008 through Friday, September 26, 2008.

Since the issuance of Emergency Rule 25, an estimated 305,027 citizens from seven (7) additional parishes have been added to the list of parishes included in the Federal Emergency Management Agency’s (FEMA) Notice of a Major Disaster Declaration. (Amendments Nos. 3 & 4 to FEMA-1786-DR). Thus, 3.4 million Louisiana citizens, approximately 80% of the population of Louisiana, may have suffered damage due to Hurricane Gustav. In some places, it could be several weeks before electricity is restored. The homes of many Louisiana citizens were destroyed precluding habitation. The damage caused by Hurricane Gustav has resulted in the closing of businesses and financial institutions, the temporary suspension of mail service, the temporary displacement of persons from their homes, loss of personal belongings and temporary loss of employment. This disruption has affected the ability of these citizens to timely pay their insurance premiums, access their insurance policies, and communicate with insurance agents and their respective insurance companies for insurance related matters. Hurricane Gustav has created

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

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