Louisiana Revised Statutes 22:1662 – General exemptions
Terms Used In Louisiana Revised Statutes 22:1662
- Adjuster: means an individual who investigates or adjusts losses on behalf of an insurer as an independent contractor or as an employee of:
(a) An adjustment bureau;
(b) An association;
(c) A property and casualty producer;
(d) An independent contractor;
(e) An insurer; or
(f) A managing general agent. See Louisiana Revised Statutes 22:1661
- automated claims adjudication system: means a preprogrammed computer system designed for the collection, data entry, calculation and system generated final resolution of consumer electronic products insurance claims which:
(i) May be utilized only by a licensed adjuster or licensed producer, or supervised individuals operating pursuant to this Paragraph;
(ii) Must comply with all claims payment requirements of the Louisiana Insurance Code; and
(iii) Must be certified as compliant with this Section by a licensed adjuster that is an officer of a licensed business entity under this Chapter. See Louisiana Revised Statutes 22:1662
- Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. See Louisiana Revised Statutes 22:1661
- Individual: means a natural person. See Louisiana Revised Statutes 22:1661
- Insurer: means any type of insurer, whether authorized or unauthorized, conducting business in this state. See Louisiana Revised Statutes 22:1661
- Person: means an individual or a business entity. See Louisiana Revised Statutes 22:1661
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
This Part does not apply to:
(1) An attorney at law admitted to practice in this state, when acting in his professional capacity as an attorney.
(2)(a) An employee of an insurer who is not regularly engaged in the adjustment or investigation of insurance claims.
(b) An individual employed by an insurer who adjusts a loss not to exceed five hundred dollars or authorizes a payment on a claim for a loss for which there is a specified coverage limit of five hundred dollars or less, arising from a first-party claim under a property and casualty insurance policy.
(3) A person employed only to furnish technical assistance to a licensed adjuster, including but not limited to an investigator, an attorney, an engineer, an estimator, a handwriting expert, a photographer, and a private detective.
(4) A producer of an authorized insurer or a licensed employee of a producer who processes an undisputed or uncontested loss for the insurer under a policy issued by the producer.
(5) A person who performs clerical duties and does not negotiate with parties on disputed or contested claims.
(6)(a) An individual who collects claim information from, or furnishes claim information to, insureds or claimants, who conducts data entry including entering data into an automated claims adjudication system if such individual is an employee of a business entity licensed pursuant to this Chapter, or an employee of an affiliate of a business entity licensed pursuant to the Chapter, if there are no more than twenty-five individuals under the supervision of one licensed individual adjuster or licensed individual insurance producer. As used in this Part, “automated claims adjudication system” means a preprogrammed computer system designed for the collection, data entry, calculation and system generated final resolution of consumer electronic products insurance claims which:
(i) May be utilized only by a licensed adjuster or licensed producer, or supervised individuals operating pursuant to this Paragraph;
(ii) Must comply with all claims payment requirements of the Louisiana Insurance Code; and
(iii) Must be certified as compliant with this Section by a licensed adjuster that is an officer of a licensed business entity under this Chapter.
(b) Individuals who are licensed as producers pursuant to La. Rev. Stat. 22:1543 are not required to be licensed as an adjuster for purposes of this Section.
(7) A person who handles claims arising under life, accident, and health insurance policies.
(8) A person who is employed principally as a right-of-way agent or a right-of-way and claims agent whose primary responsibility is the acquisition of servitudes, leases, permits, or other real property rights and who handles only claims arising out of operations under those servitudes, leases, permits, or other contracts or contractual obligations.
(9) An individual who is employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine claims payments.
(10) A full-time salaried employee of a property owner or a property management company retained by a property owner who either does not hold the employee out as an insurance adjuster or who has not been hired to handle a specific claim resulting from a fire or casualty loss and who acts at the sole discretion of the property owner or management company regarding a claim related to the owner’s property.
(11) A person who handles claims arising under vehicle mechanical breakdown insurance policies as defined in La. Rev. Stat. 22:361.
(12) A person who handles claims arising under property residual value insurance policies as defined in La. Rev. Stat. 22:381.
(13) Repealed by Acts 2016, No. 174, §2, eff. Aug. 1, 2017.
(14) A person handling commercial claims for excess coverages as classified by La. Rev. Stat. 22:47.
(15) A person who settles only reinsurance or subrogation claims.
Acts 2006, No. 783, §1, eff. Jan. 1, 2007; Redesignated from La. Rev. Stat. 22:1210.72 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 1007, §1; Acts 2011, No. 94, §1, eff. Jan. 1, 2012; Acts 2016, No. 174, §2, eff. Aug. 1, 2017; Acts 2017, No. 29, §1.
NOTE: Former La. Rev. Stat. 22:1662 redesignated as La. Rev. Stat. 22:840 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.