Louisiana Administrative Code
Title 37 - INSURANCE Part
Part XI - Rules
Chapter 3 - Rule 4 - Interlocal Risk Management Agency
Section XI-315 - Aggregate Excess Insurance, Interlocal Risk Management Agency ; Self-Insurance
Universal Citation: LA Admin Code XI-315
Current through Register Vol. 50, No. 9, September 20, 2024
A. No contract or policy of aggregate excess insurance shall be recognized in considering the ability of an applicant to indemnify the financial obligations of its members under the Workmen's Compensation Act, unless such contract or policy complies with all of the following:
1.
is issued by a casualty insurance company authorized to transact such business
in this state, or a licensed resident surplus lines broker;
2. is not cancellable or nonrenewable unless
written notice by registered or certified mail is given to the other party to
the policy and to the Commissioner of Insurance not less than 30 days before
termination by the party desiring to cancel or not renew the policy;
3. any contract or policy containing any type
of commutation clause shall provide that any commutation effected thereunder
shall not relieve the underwriter or underwriters of further liability in
respect to claims and expenses unknown at the time of such commutation and
which are subsequently reopened by or through a competent authority. If the
underwriter proposes to settle their liability for future payments payable as
compensation for accidents occurring during the term of the policy by the
payment of a lump sum to the interlocal risk management agency, to be fixed as
provided in the commutation clause of the policy, then not less than 30 days
prior notice of such commutation shall be given to the Insurance Department by
the underwriter(s) or its (their) agent by registered or certified mail. If any
commutation is effected, then the Commissioner of Insurance shall have the
right to direct that such sum be placed in trust for the benefit of the loss
fund;
4. all of the following shall
be applied toward the reaching of the retention level in the aggregate excess
contract:
a. payments made by the
employer;
b. payments due and owing
to claimants of the employers;
c.
payments made on behalf of the employers by any surety bond under a bond
required by the Commissioner of Insurance;
d. payments made by the Interlocal Risk
Management Agency security fund;
5. copies of the complete policy of aggregate
excess insurance shall be filed with the Commissioner of Insurance, together
with a certification that such policy fully complies with this rule and
applicable statutes.
AUTHORITY NOTE: Promulgated in accordance with R.S. Title 22, Section 2 of 1950 and Act 462 of the 1979 Session of the Louisiana Legislature.
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