Louisiana Revised Statutes 22:2296 – Immunity from liability
Terms Used In Louisiana Revised Statutes 22:2296
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means the Louisiana Citizens Property Insurance Corporation, and includes the residual market insurance programs known as the "Coastal Plan" and the "FAIR Plan". See Louisiana Revised Statutes 22:2292
- Governing board: means that board of directors which is established under Louisiana Revised Statutes 22:2292
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
A. For any action taken in the performance of duties or responsibilities pursuant to this Chapter, there shall be no liability on the part of and no cause of action of any nature shall arise against any of the following:
(1) The commissioner.
(2) The Louisiana Citizens Property Insurance Corporation or its plans or its agents, employees, or members of the governing board, or their designees.
(3) The department or its employees or representatives.
(4) Any service provider.
(5) Any assessable insurer.
(6) Any participating insurance producer.
B. The immunity from liability provided in this Section shall not apply to any of the following:
(1) Any person for any intentional tort or criminal act.
(2) The corporation or insurance producers placing business with one of the plans for breach of any contract or agreement pertaining to insurance coverage or its statutory obligations related to coverage.
(3) The corporation for any supervisory or regulatory action, examination, or audit taken by the commissioner.
(4) The corporation with respect to issuance or payment of debt.
(5) Any assessable insurer with respect to any action to enforce the insurer’s obligations to the corporation pursuant to this Chapter.
Acts 2003, No. 1133, §1; Acts 2007, No. 459, §1, eff. Jan. 1, 2008; Redesignated from La. Rev. Stat. 22:1430.5 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2012, No. 271, §1; Acts 2023, No. 290, §1.