Louisiana Administrative Code
Title 37 - INSURANCE Part
Part XIII - Regulations
Chapter 149 - Regulation Number 106-Replacement of Limited Benefit Insurance Policies
Section XIII-14911 - Duties of Insurers and Producers
Universal Citation: LA Admin Code XIII-14911
Current through Register Vol. 50, No. 9, September 20, 2024
A. An application form submitted by an insurer or his producer for a limited benefits policy shall include a question designed to elicit information as to whether the insurance to be issued is intended to replace any other limited benefit insurance policy presently in force.
1. If the applicant indicates that
there are no existing policies to be replaced, then the producers and insurers
duties with respect to replacement are complete.
2. If the applicant indicates that there are
existing policies, the producer shall present to the applicant, not later than
at the time of taking the application, a notice regarding replacements in the
form notice as described in Appendix A or such other form notice provided by
the insurer and approved by the Commissioner of Insurance. The notice shall be
signed by the applicant attesting that the notice has been received by the
applicant and that the applicant understands that he/she is replacing an
existing policy.
3. Notwithstanding
Paragraph A.2 of this Section, when the sales presentation is conducted by
electronic means and all signatures are obtained via electronic signature
technology, the meaning of "at the time of taking the application" shall be
extended to allow for the producers submission of electronic information to the
insurer. The requirements of Paragraph A.2 of this Section are deemed met when
a copy of the required replacement notice electronically signed at the
presentation is provided to the applicant within five business days following
submission of the policy or contract of insurance to the insurer. The notice
may be provided to the applicant by electronic means exclusively only if the
applicant has chosen the option to receive it exclusively by electronic means.
In no event shall the time for providing the notice exceed seven business days
from the date the applicant signed the application.
B. In connection with a replacement transaction, the producer shall submit to the insurer to which an application for a policy is presented, a copy of each document required by this Section.
AUTHORITY NOTE: Promulgated in accordance with R.S. 22:1964 and the Administrative Procedure Act, R.S. 49:950 et seq.
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