Louisiana Revised Statutes 22:1482 – Military personnel premium discount; rebates; rating standards and methods
Terms Used In Louisiana Revised Statutes 22:1482
- commissioner: shall mean the commissioner of insurance. See Louisiana Revised Statutes 22:1451
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Policy: means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state, or any binder based on such a policy, insuring a single individual or husband and wife resident of the same household, as named insured, and under which the insured vehicles therein designated are of the following types only:
(a) A private passenger vehicle that is not used as a public or livery conveyance for passengers, nor rented to others. See Louisiana Revised Statutes 22:1266
A. Every motor vehicle insurer authorized to transact business in this state shall provide to active duty military, Louisiana Air National Guard, and Louisiana Army National Guard personnel based in this state a discount of twenty-five percent of the premium on any automobile liability insurance policy purchased in this state to cover motor vehicles owned by the military personnel.
B. Insurers providing the discount authorized by this Section to active duty military, Louisiana Air National Guard, and Louisiana Army National Guard personnel are entitled to a credit that shall be applied toward the premium taxes imposed under La. Rev. Stat. 22:831 and 838 in an amount equal to the discount actually provided. To the extent an insurer’s credit authorized in this Section exceeds the insurer’s premium tax liability, the amount of credit not used to offset premium taxes due shall be considered overpaid taxes and shall be refundable to the insurer, without interest. Such insurers shall submit to the commissioner of insurance the documents, evidence, and proof required, in accordance with the rules and regulations adopted by the commissioner, to establish the discounts actually provided.
C. The commissioner shall adopt rules and regulations, in accordance with the Administrative Procedure Act, to implement the provisions of this Section. The rules and regulations shall include and not be limited to the following:
(1) Provisions defining and delineating active duty military, Louisiana Air National Guard, and Louisiana Army National Guard personnel who may receive the discount.
(2) Recordkeeping requirements for the insurers.
(3) Procedures for submitting claims for premium tax credits.
(4) A listing of the documents, evidence, and proof necessary to establish a valid claim.
(5) Time requirements and limitations for the submission of a claim, examination of the claim, and a final decision by the commissioner.
(6) Other such provisions necessary for the proper implementation of this Section.
D. Except for the purpose of administering the military personnel premium discounts set forth in this Section and in La. Rev. Stat. 22:1482.1, the fact that the insured is deployed in the military for a period in excess of six months shall not be used by any insurer for the classification of risks.
Acts 2004, No. 770, §1; Acts 2005, No. 408, §1, eff. July 11, 2005; Redesignated from La. Rev. Stat. 22:1425 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2010, No. 703, §1, eff. Jan. 1, 2011; Acts 2020, No. 49, §1; Acts 2023, No. 406, §1.
NOTE: Former La. Rev. Stat. 22:1482 redesignated as La. Rev. Stat. 22:1502 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.