2006 Louisiana Laws - RS 22:356 — Penalties

§356.  Penalties

A.  Any person who shall solicit any application for or issue or cause to be issued any policy or membership certificate of any association within the provisions of this Part without a certificate of authority having been procured by such association from the commissioner of insurance or after such certificate has expired or become suspended or revoked, or any person representing himself to be an agent without having been duly licensed as hereinabove provided, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or be imprisoned for not more than three months or both at the discretion of the court.  

B.  Any officer, director or agent of any association embraced within the provisions of this Part who shall wilfully:

(1)  Solicit or receive any application which does not comply with the first two paragraphs of R.S. 22:336; or

(2)  Fail to retain the original applications for policies as required by the third paragraph of R.S. 22:336; or

(3)  Issue any policy which does not comply with R.S. 22:337; or

(4)  Fail to maintain the reserve fund required by R.S. 22:343; or

(5)  Withdraw or use any funds of such association in any other manner than is herein specifically authorized; or

(6)  Issue any policy or make or cause to be made any assessment not provided for or authorized by R.S. 22:345; or

(7)  Fail to maintain books or records as required by R.S. 22:348; or

(8)  Refuse to any duly authorized representative of the office of the commissioner of insurance access to the books and records of the association; or

(9)  Fail to file or fail to file within the required time the reports required by R.S. 22:350; or

(10)  Make or cause to be made any assessment without a certificate of authority having been secured from the commissioner of insurance or after such certificate has expired or become suspended or revoked; or

(11)  Make or cause to be made any assessment for any death which occurred prior to the date as of which any previous assessment was made as shown by the statement and list accompanying such previous assessment; or

(12)  Fail to furnish with any assessment a statement of the receipts and disbursements of the previous assessment and list of the names of the policyholders who have died since the previous assessment and the value or amount of benefit furnished each; or

(13)  Fail to include in any assessment any policyholder who has received a policy more than sixty days prior to such assessment; and any officer, director or agent of any such association who shall wilfully condone or acquiesce in any of said acts, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars or be imprisoned for not more than 6 months or both at the discretion of the court.  

C.  Any person who at one time holds or is named as the beneficiary in more than one policy of any association embraced within the provisions of this Part; or who at one time holds or is named as the beneficiary in policies of more than one association embraced within the provisions of this Part shall in addition to incurring the penalty of the nullity of that one of the policies which was subsequently issued, forfeit all fees or assessments paid on account of such subsequently issued policy.  

D.  The treasurer of any association who shall wilfully and without reasonable cause make any assessment on account of the death of any person who died prior to the date as of which the previous assessment was made as indicated by the statement of the receipts and disbursements of such previous assessment, the surety on his bond and any officer, director of any such association or any other persons who shall wilfully condone or acquiesce in such conduct, shall be liable in solido to the association at the instance of any policyholder for the amount of the benefit paid for such decedent.  

Acts 1958, No. 125.