2006 Louisiana Laws - RS 22:1413 — Advisory organizations

§1413.  Advisory organizations

A.  Every group, association, or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating organization or any division in rate making, by the collection and furnishing of loss or expense statistics or by the submission of recommendations, but which does not make filings under this Part, shall be known as an advisory organization.

B.  Every advisory organization shall file with the commission (1) a copy of its constitution, its articles of agreement or association, or its certificate of incorporation and of its bylaws, rules, and regulations governing its activities, (2) a list of its members, (3) the name and address of a resident of this state upon whom notices or orders of the commission, or the office of property and casualty, or process issued at the direction of the commission may be served, and (4) an agreement that the commissioner of insurance may examine such advisory organization in accordance with the provisions of Part XXVIII.1

C.  If after a hearing, the commission finds that the furnishing of such information or assistance involves any act or practice which is unfair or unreasonable or otherwise inconsistent with the provisions of this Part, the commission shall issue a written order specifying in what respects such act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this Part, and requiring the discontinuance of such act or practice.

D.  No insurer which makes its own filings nor any rating organization shall support its filings by statistics or adopt rate-making recommendations, furnished to it by an advisory organization which has not complied with this Section or with an order of the commission involving such statistics or recommendations issued under Subsection C of this Section.  If the commission finds such insurer or advisory organization to be in violation of this Subsection, it may issue an order requiring the discontinuance of such violation.

Acts 1958, No. 125.  Amended by Acts 1960, No. 296, §1; Acts 2003, No. 456, §1.

1R.S. 22:1301 to 22:1314

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