2006 Louisiana Laws - RS 22:211 — Approval and disapproval of forms; filing of rates

PART VI.  HEALTH AND ACCIDENT INSURANCE

§211.  Approval and disapproval of forms; filing of rates

A.  No policy of health and accident insurance shall be delivered or issued for delivery in this state, nor shall any endorsement, rider, or application which becomes a part of any such policy be used in connection therewith until a copy of the form and of the premium rates and of the classifications of risks pertaining thereto have been filed with the commissioner of insurance; nor shall any such policy, endorsement, rider, or application be so used until the expiration of thirty days after the form has been filed unless the commissioner of insurance shall sooner give his written approval thereto.  The commissioner of insurance shall notify in writing the insurer which has filed any such form if it does not comply with the provisions of this part, specifying the reasons for his opinion; and it shall thereafter be unlawful for such insurer to issue such form in this state.  In such notice, the commissioner of insurance shall state that a hearing will be granted within twenty days upon written request of the insurer.  

B.  The commissioner of insurance may at any time, after a hearing of which not less than twenty days written notice shall have been given to the insurer, withdraw his approval of any such form on any of the grounds stated in this Section.  It shall be unlawful for the insurer to issue such form or use it in connection with any policy after the effective date of such withdrawal of approval.  The notice of any hearing called under this Sub-section shall specify the matters to be considered at such hearing and any decision affirming disapproval or directing withdrawal of approval under this Section shall be in writing and shall specify the reasons therefor.

C.  The commissioner of insurance shall not disapprove or withdraw approval of any such policy on the ground that its provisions do not comply with R.S. 22:213 or on the ground that it is not printed in uniform type if it shall be shown that the rights of the insured or the beneficiary under the policy as a whole are not less favorable than the rights provided by R.S. 22:213 and that the provisions or type size used in the policy are required in the state, district or territory of the United States in which the insurer is organized, anything in this part to the contrary notwithstanding.  

Acts 1958, No. 125.