Louisiana Administrative Code
Title 37 - INSURANCE Part
Part XIII - Regulations
Chapter 151 - Regulation 108-Investigation of Discrimination Complaints
Section XIII-15103 - Purpose, Scope, and Applicability

Universal Citation: LA Admin Code XIII-15103

Current through Register Vol. 50, No. 9, September 20, 2024

A. The purpose of this regulation is to implement the provisions of R.S. 22:31 et seq., which prohibit discrimination within the business of insurance, mandate the review and disposition of all complaints alleging a violation of R.S. 22:31 et seq., and require the commissioner to promulgate rules and regulations to implement R.S. 22:31 et seq.

B. This regulation sets forth procedures through which complaints concerning the following types of discrimination shall be received and investigated:

1. employment discrimination prohibited by Part IV of Chapter 3-A of Title 23 (R.S. 23:331 et seq.), as provided in R.S. 22:31(C) and R.S. 22:33; and

2. pursuant to R.S. 22:34, the making or permitting of any unfair discrimination in favor of particular persons or between insureds or subjects of insurance having substantially like insuring risk and exposure factors or expense elements:
a. in the terms or conditions of any insurance contract;

b. in the rate or amount of premium charged therefor;

c. in the benefits payable thereunder; or

d. in any other rights or privileges accruing thereunder;

e. Paragraph B.2 of this Section shall not prohibit fair discrimination by a life insurer as between individuals having unequal life expectancies;

3. pursuant to R.S. 22:35, the refusal to issue or the failure to renew any policy or contract of property and casualty insurance to a person, solely because of the race of the applicant or the economic condition of the area in which the property sought to be insured is located, unless such refusal to issue or failure to renew is based on sound actuarial principles or is related to actual experience.

C. Every insurer transacting business in this state shall be subject to this regulation.

D. This regulation shall not preclude or in any way limit the personal rights of action of any person against any insurer.

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:31(C), 32(B), and 35(C).

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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