2006 Louisiana Laws - RS 22:212 — Form of policy

§212.  Form of policy

No such policy or contract shall be delivered or issued for delivery on risks in this state unless:

(1)  The entire money and other consideration therefor are expressed therein; and

(2)  The time at which the insurance takes effect and terminates is expressed therein; and

(3)  It purports to insure only one person except as hereinafter specifically provided in this Part; and

(4)  Every printed portion of the text matter of the policy and of any endorsements or attached papers is printed in type the size of which shall be uniform and the face of which shall be not less than ten point (the "text" shall include all printed matter except the name and address of the insurer, name or title of the policy, captions and sub-captions and form numbers); and

(5)  The exceptions and reductions of indemnity are clearly set forth in the policy or contract and are printed, at the insurer's option, either with the benefit to which they apply or under an appropriate caption such as, "Exceptions" or "Exceptions and Reductions"; and

(6)  Each such form, including riders and endorsements, shall be identified by a form number in the lower left hand corner of the first page thereof.

(7)(a)  There is prominently printed thereon or attached thereto, a notice to the insured that ten days are allowed, from the date of his receipt of the policy, to examine its provisions and if such policy was solicited by deceptive advertising or negotiated by deceptive, misleading, or untrue statements of the insurer or any agent in behalf of the insurer, such policy may be surrendered within said ten-day period and any premium advanced by the insured, upon such surrender, shall be immediately returned to him; provided, that the insurer shall have the option of printing or attaching the notice above required or a notice of equal prominence which, in the opinion of the commissioner of insurance, is not less favorable to the policyholder, and provided further that this Paragraph (7) shall not apply to trip-travel insurance policies which by their terms are not renewable.

(b)  If the policy is delivered by an agent or broker, a receipt shall be signed by the policyholder acknowledging delivery of the policy. The receipt shall include the policy number and the date the delivery was completed.  All delivery receipts required by this Subparagraph shall be retained by the insurer, its agent, or the broker for two consecutive years.  The requirement of this Subparagraph shall not apply to any insurer that markets under a home service marketing distribution method and that issues a majority of its policies on a weekly or monthly basis.

(c)  If the policy is delivered by mail, it shall be sent by certified mail, return receipt requested, or a certificate of mailing shall be obtained showing the date the policy was mailed to the policyholder.  For policy issuances verified by a certificate of mailing, it is presumed that the policy is received by the policyholder ten days from the date of mailing.  The receipts and the certificate of mailing described in this Subparagraph shall be retained by the insurer or agent for three years.  In addition, the insurer or agent may utilize commercial carriers or other commercially recognized carriers to deliver the policy to the policyholder; however, the insurer or agent shall maintain documentation of actual delivery of such policy for three years.  The policy or certificate of insurance may also be delivered electronically to the policyholder or insured in accordance with R.S. 9:2608; however, the insurer and the policyholder or insured shall agree  electronically to such electronic delivery, and documentation of such delivery shall be maintained by the insurer for three years.

(8)  In any case where the policy is subject to cancellation or renewal at the option of the insurer, there shall be prominently printed on the first page of such policy a statement so informing the policyholder.

Acts 1958, No. 125.  Amended by Acts 1960, No. 170, §1; Acts 1993, No. 141, §1; Acts 2003, No. 858, §1.