La. Admin. Code tit. 37 § XIII-15107

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

Section XIII-15107 - Eligibility; Filing a Complaint

A. Any person may file a complaint regarding any action taken by an insurer that is alleged to be the result of an insurers engagement in discrimination as described in §15103. B of this Part. Complaints may be filed by mail, facsimile, or by using the departments consumer complaint form, available upon request from the department or on the departments website.

B. Every complaint alleging unlawful discrimination as described in §15103. B of this Part shall be filed for review with the department in written form within one year of the date the discrimination alleged was known or should have been known to the complainant.

C. Each written complaint shall state specifically the discrimination alleged to have occurred, in sufficient detail to enable the Division of Diversity and Opportunity to understand what occurred, when it occurred, and the basis of the alleged discrimination. The complaint should also contain the names and other identifying information of each party involved and any other supporting documentation relevant to the complaint.

D. When a complaint is filed by a producer, a claims adjuster, or employee of an insurer, the commissioner shall not disclose to the insurer the identity of the complainant without his or her consent. If it is determined that such disclosure is required for an administrative proceeding or other court proceeding based upon the findings of the investigation, or if such disclosure is in the interest of due process and necessary to the insurers investigation of the complaint, then the commissioner shall notify the complainant prior to disclosure of his or her identity.

La. Admin. Code tit. 37, § XIII-15107

Promulgated by the Department of Insurance, Office of the Commissioner, LR 432190 (11/1/2017).

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