La. Admin. Code tit. 37 § XI-4905

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

Section XI-4905 - [Effective until 11/11/2024] Cancellation, Nonrenewal, and Nonreinstatement

A. Emergency Rule 49 hereby suspends any notice of cancellation, notice of nonrenewal, nonreinstatement or any other notice related to any of the types of insurance enumerated in §4903 that was in force and effect at 12:01 a.m. on September 9, 2024, and any such notice shall be null and void and have no force of effect. Furthermore, any such notice shall be reissued de novo to the insured in accordance with existing statutory requirements after the expiration of Emergency Rule 49 as provided for in §4949.

B. Insurers may issue a notice of cancellation for nonpayment of premium during the pendency of Emergency Rule 49. When any such notice is issued during the pendency of Emergency Rule 49, 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 non-payment of premium until after the expiration of Emergency Rule 49.

C. No policy shall be cancelled or nonrenewed solely because of a claim that is filed during or is caused by Hurricane Francine 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 §4903 is hereby suspended and shall not be allowed until after the expiration of Emergency Rule 49 as provided for in §4949.

E. 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 §4937, Emergency Rule 49 shall not prevent an insurer from cancelling or terminating an insurance policy for fraud or material misrepresentation on the part of the insured.

La. Admin. Code tit. 37, § XI-4905

Promulgated by the Department of Insurance, Office of the Commissioner, LR 50, exp. 11/11/2024 (Emergency).

AUTHORITY NOTE: Promulgated in accordance with Executive Order Number JML 24-142, R.S. 22:2, R.S. 22:11, and R.S. 22:1961 et seq, R.S. 49:950 et seq.