La. Admin. Code tit. 37 § XIII-15103

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

Section XIII-15103 - Purpose, Scope, and Applicability

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.

La. Admin. Code tit. 37, § XIII-15103

Promulgated by the Department of Insurance, Office of the Commissioner, LR 432189 (11/1/2017).

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