2006 Louisiana Laws - RS 22:1138 — Nonresident licensing

§1138.  Nonresident licensing

A.  Unless denied licensure pursuant to R.S. 22:1142, a nonresident person shall receive a nonresident producer license if:

(1)  The person is currently licensed as a resident and in good standing in his or her home state.

(2)  The person has submitted the proper request for licensure and has paid the fees required by R.S. 22:1078.

(3)  The person has submitted or transmitted to the commissioner of insurance the application for licensure that the person submitted to his or her home state, or in lieu of the same, a completed Uniform Application.

(4)  The person's home state awards nonresident producer licenses to residents of this state on the same basis.

B.(1)  The commissioner of insurance may verify the producer's licensing status through the producer database maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.

(2)  Whenever, by the laws or regulations of any other state or jurisdiction, any limitation of rights and privileges, conditions precedent, or any other requirements are imposed upon residents of this state who are nonresident applicants or licensees of such other state or jurisdiction in addition to, or in excess of, those imposed on nonresidents under this Part, the same such requirements shall be imposed upon such residents of such other state or jurisdiction.

(3)(a)  The commissioner of insurance shall not issue a license to any nonresident applicant until such applicant has filed forms approved by the commissioner which designate the commissioner as his true and lawful agent, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of any interested person arising out of the applicant's insurance business in this state.  The designation shall constitute an agreement that such service of process has the same legal force and validity as personal service of process upon the person in the state.

(b)  The service of process upon any such licensee in any action or proceeding in any court of competent jurisdiction may be made by a party serving the commissioner of insurance with appropriate copies thereof and the payment to him of a fee of twenty-five dollars, or as may be authorized by R.S. 22:1078.

(c)  The commissioner of insurance shall, within ten days of being served, forward a copy of such process by registered or certified mail, return receipt requested, to the licensee at his last known address of record or principal place of business, and the commissioner shall maintain copies of all such processes so served upon him.

(4)  The service of process upon any such licensee in any action or proceeding instituted by the commissioner of insurance under this Part shall be made by the commissioner by mailing such process by registered or certified mail, return receipt requested, to the licensee at his last known address of record or principal place of business.

C.  A nonresident producer who moves from one state to another state or a resident producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty days of the change of legal residence. No fee or license application is required.

D.(1)  Notwithstanding any other provision of this Part, an insurance producer licensed as a surplus lines broker in his home state shall receive a nonresident surplus lines broker license pursuant to Subsection A of this Section.

(2)  Except as provided by Subsection A of this Section, nothing in this Section otherwise amends or supersedes any provision of R.S. 22:1249 et seq.

E.  Notwithstanding any other provision of this Part, a person licensed as a limited line credit insurance or other type of limited lines producer in his home state shall receive a nonresident limited lines producer license, pursuant to Subsection A of this Section, granting the same scope of authority as granted under the license issued by the producer's home state.  For the purposes of this Subsection, limited line insurance is any authority granted by the home state which restricts the authority of the licensee to less than the total authority prescribed in the associated major lines pursuant to R.S. 22:1137(A)(1) through (5).

Acts 2001, No. 158, §1, eff. Jan. 1, 2002.