Commissioner of Insurance (Chapter 12, Section 1) Flashcards
Commissioner Of Insurance
Is responsible for making sure the provisions of the Louisiana Insurance Code are enforced. The commissioner may:
- Conduct legal hearings wherever there is cause to believe of violation of the Insurance code
- Issue cease and desist orders
- Examine insurers for solvency
- issue, renew, suspend, and revoke licenses
- issue a subpoena
Examination of Records - (Commissioner Of Insurance)
The commissioner of insurance may conduct a financial examination of any insurance company as often as deemed appropriate. At the very least, a company shall be examined once every 5 years.
- The commissioner must examine an insurer after receiving an application for a certificate of authority
- The Commissioner may examine a producer whenever 3 complaints have been received within a 30 day period.
Notice and hearing - (Commissioner Of Insurance)
The commissioner may call and hold hearings if a producer is suspected of violating the Insurance Code. The hearing will be held within 30 days of demand.
Penalties - (Commissioner Of Insurance)
After the hearing, if the commissioner determines that those involved are responsible, a fine can be given up to $1,000 for each unintentional violation, not to exceed $100,000 for all violations during a calendar year.
If a person knew or should have known that an illegal act was occurring, the fine can be increased to $25,000 per violation or a maximum of $250,000 within a 6 month period.
The commissioner can also suspend or revoke a license
Cease and desist order - (Commissioner Of Insurance)
The Commissioner may issue a cease-and-desist order to any person found to have committed an unfair or deceptive act. It prohibits a specific practice listed in the order.