Louisiana Revised Statutes 40:1421 – Definitions
Terms Used In Louisiana Revised Statutes 40:1421
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Commissioner: means commissioner of insurance. See Louisiana Revised Statutes 40:1421
- Contract: A legal written agreement that becomes binding when signed.
- Fraud: Intentional deception resulting in injury to another.
- Fraud support unit: means the insurance fraud support unit within the Department of Justice. See Louisiana Revised Statutes 40:1421
- Insurance fraud: means any commission or attempted commission of criminal acts or practices as provided in Louisiana Revised Statutes 40:1421
- Insurance fraud section: means the insurance fraud section within the Louisiana Department of Insurance. See Louisiana Revised Statutes 40:1421
- Insurance policy: means a contract or other written instrument between an insured and insurer setting forth the obligations and responsibilities of each party. See Louisiana Revised Statutes 40:1421
- Insured: means any person covered by an insurance policy. See Louisiana Revised Statutes 40:1421
- Insurer: means any person or company subject to regulation pursuant to Title 22 of the Louisiana Revised Statutes of 1950. See Louisiana Revised Statutes 40:1421
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- unit: means the insurance fraud investigation unit within the Department of Public Safety and Corrections, office of state police. See Louisiana Revised Statutes 40:1421
As used in this Chapter, the following words shall have the following meanings:
(1) “Commissioner” means commissioner of insurance.
(2) “Fraud unit” or “unit” means the insurance fraud investigation unit within the Department of Public Safety and Corrections, office of state police.
(3) “Fraud support unit” means the insurance fraud support unit within the Department of Justice.
(4) “Insurance fraud” means any commission or attempted commission of criminal acts or practices as provided in La. Rev. Stat. 22:1923, 1924, or 1925 which involves any type of insurance as provided in La. Rev. Stat. 22:47.
(5) “Insurance fraud section” means the insurance fraud section within the Louisiana Department of Insurance.
(6) “Insurance policy” means a contract or other written instrument between an insured and insurer setting forth the obligations and responsibilities of each party.
(7) “Insurance premium finance company” means a person engaged or purporting to engage in the business of advancing money, directly or indirectly, to an insurer or producer at the request of an insured pursuant to the terms of a premium finance agreement, including but not limited to loan contracts, notes, agreements, or obligations, wherein the insured has assigned the unearned premiums, accrued dividends, or loss payments as security for such advancement in payment of premiums on insurance policies only, and does not include the financing of insurance premiums purchased in connection with the financing of goods and services.
(8) “Insurance professional” means an adjuster, agent, managing general agent, surplus lines broker, reinsurance intermediary, insurance consultant, broker, or attorney-in-fact.
(9) “Insurance transaction”, “insurance business”, and “business of insurance” include solicitation, negotiations preliminary to execution of an insurance contract, execution of an insurance contract and the transaction of matters subsequent to execution of a contract and arising out of it, and matters arising out of any relationship among or between an insured, an insurer, and a third party for which an insurance policy provides coverage.
(10) “Insured” means any person covered by an insurance policy.
(11) “Insurer” means any person or company subject to regulation pursuant to Title 22 of the Louisiana Revised Statutes of 1950.
(12) “LATIFPA” means the Louisiana Automobile Theft and Insurance Fraud Prevention Authority within the Louisiana Department of Insurance.
Acts 1999, No. 1312, §4, eff. Jan. 1, 2000; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2010, No. 1013, §2, eff. July 1, 2010.
NOTE: See La. Rev. Stat. 40:1429 regarding termination date of Subpart on July 1, 2024.