2006 Louisiana Laws - RS 22:1210.82 — License denial, nonrenewal, or revocation

§1210.82.  License denial, nonrenewal, or revocation

A.  The commissioner of insurance may place on probation, suspend, revoke, or refuse to issue, renew, or reinstate a claims adjuster's license or may levy a fine not to exceed five hundred dollars for each violation up to ten thousand dollars aggregate for all violations in a calendar year, unless a fine is established by separate statute in this Title authorizing a greater penalty, or any combination of actions, for any one or more of the following causes:

(1)  Providing incorrect, misleading, incomplete, or materially false information in the license application.

(2)  Violating any state insurance law or regulation or a subpoena or order of the commissioner of insurance or of another state's insurance commissioner.

(3)  Obtaining or attempting to obtain a license through misrepresentation or fraud.

(4)  Improperly withholding, misappropriating, or converting any money or property received in the course of conducting insurance business.

(5)  Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.

(6)  Conviction of a felony related to the adjustment of insurance claims.

(7)  Admitting to or committing fraud or unfair trade practices.

(8)  Using fraudulent, coercive, or dishonest practices.

(9)  Demonstrating incompetence, untrustworthiness, or financial irresponsibility while conducting business.

(10)  Denial, suspension, or revocation of an insurance license, or its equivalent, in any other state, province, district, or territory.

(11)  Forging a name on an application for insurance or any document related to an insurance transaction.

(12)  Cheating, including improperly using notes or any other reference material, to complete an examination for an insurance license.

(13)  Knowingly accepting insurance business from an individual who is not licensed but who is required to be licensed by the commissioner of insurance.

(14)  Failure to comply with an administrative or court order imposing a child support obligation.

(15)  Failure to pay state income tax or comply with any administrative or court order directing payment of state income tax.

(16)  Violating R.S. 22:1210.84(F).

(17)  Failure to complete assignment of adjustment of a claim in a thorough and timely manner, including submission of the adjustment of a claim to the party which made that assignment.

B.  If the commissioner of insurance denies an application or refuses to renew a license, he shall notify the applicant or licensee, in writing, of the reason for the denial or nonrenewal.  The applicant or licensee may make written demand upon the commissioner of insurance within thirty days for a hearing to review the commissioner of insurance's action.

C.  The claims adjuster license of a business entity may be suspended, revoked, or refused if the commissioner of insurance finds, after hearing, that an individual licensee's violation was known or should have been known by one or more of the partners, officers, or managers of the business entity and the violation was not reported to the commissioner of insurance.

D.  In addition to denial, suspension, or revocation, a licensee may be fined for violating the provisions of this Section.

E.  The commissioner of insurance shall have the authority to enforce the provisions of this Part and this Title against any person who is under investigation for or charged with a violation of this Part or this Title even if the person's license or registration has been surrendered or has lapsed by operation of law.

Acts 2006, No. 783, §1, eff. Jan. 1, 2007.