La. Admin. Code tit. 37 § XIII-11713

Current through Register Vol. 50, No. 6, June 20, 2024

Section XIII-11713 - Compliance Mitigation; Penalties

A. An insurer is responsible for compliance with this regulation. If a violation occurs, either because of the action or inaction of the insurer or its insurance producer, the commissioner may order:

1. an insurer to take reasonably appropriate corrective action for any consumer harmed by the insurer's, or by its insurance producer's, violation of this regulation;

2. a general agency, independent agency, or the insurance producer to take reasonably appropriate corrective action for any consumer harmed by the insurance producer's violation of this regulation; and

3. appropriate penalties and sanctions.

B. In determining appropriate penalties and sanctions pursuant to R.S. 22:1969 for a violation of §11711 A, B, or C.2 of this regulation, the commissioner may consider whether corrective action for the consumer was taken promptly after a violation was discovered or the violation was not part of a pattern or practice.

La. Admin. Code tit. 37, § XIII-11713

Promulgated by the Department of Insurance, Office of the Commissioner, LR 32:2269 (December 2006), Amended LR 45761 (6/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11 and the Administrative Procedure Act, R.S. 49:950 et seq.