La. Admin. Code tit. 37 § XIII-17917
Current through Register Vol. 50, No. 11, November 20, 2024
Section XIII-17917 - Cancellation, Nonrenewal, and NonreinstatementA. The Emergency Rule hereby suspends any notice of cancellation, notice of nonrenewal, nonreinstatement or any other notice related to any of the types of insurance enumerated in §17915 that was in force and effect at 12:01 a.m. on the effective date of the Emergency Rule, and any such notice shall be null and void and have no force or effect. Furthermore, any such notice shall be reissued de novo to the insured in accordance with existing statutory requirements after the expiration of the Emergency Rule.B. Insurers may issue a notice of cancellation for nonpayment of premium during the pendency of the Emergency Rule. When any such notice is issued during the pendency of the Emergency Rule, the applicable notice period required by statute or the policy may begin to run, but in no event may the insurer cancel the insurance policy for nonpayment of premium until after the expiration of the Emergency Rule.C. No policy shall be cancelled or nonrenewed solely because of a claim that is filed during, or is caused by, the disaster or emergency or its aftermath.D. Unless otherwise expressly authorized in writing by the commissioner, the cancellation, nonrenewal or nonreinstatement of any insurance policy related to any of the types of insurance enumerated in §17915 is hereby suspended and shall not be allowed until after the expiration of the Emergency Rule as provided for in §17961E. All cancellation, nonrenewal, or nonreinstatement provisions, including, but not limited to, R.S. 22:272, 22:887, 22:977, 22:978, 22:1068, 22:1074, 22:1266, 22:1267, and 22:1335 are hereby suspended, except to the extent such provisions apply to acts or practices constituting fraud or intentional misrepresentations of material fact.F. As set forth in §17949, the Emergency Rule shall not prevent an insurer from cancelling or terminating an insurance policy for fraud or material misrepresentation on the part of the insured.G. Any temporary postponement of cancellation or nonrenewal pursuant to the Emergency Rule shall not remain in effect beyond 60 days unless presented by the commissioner to the Senate Insurance Committee and House Insurance Committee for review and approval by either committee prior to any extension.La. Admin. Code tit. 37, § XIII-17917
Promulgated by the Department of Insurance, Commissioner of Insurance, LR 471533 (10/1/2021).AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11.