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Terms Used In Louisiana Revised Statutes 22:1989

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • 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.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Trustee: A person or institution holding and administering property in trust.

In conducting such an examination, the commissioner of insurance shall examine the affairs, transactions, accounts, records, documents, and assets of each authorized insurer.  Except in the case of a life insurer issuing only registered policies under La. Rev. Stat. 22:809 for the purpose of ascertaining its condition or compliance with this Code, the commissioner of insurance may as often as he deems advisable, examine the accounts, records, documents, and transactions of the following:

(1)  Any insurance producer, but only insofar as such accounts, records, documents, and transactions relate to insurance.

(2)  Any person having a contract under which he enjoys in fact the exclusive or dominant right to manage or control a stock or mutual insurer.

(3)  Any person holding the shares of capital stock or policyholders’ proxies of a domestic insurer for the purpose of control of its management either as voting trustee or otherwise.

(4)  Any person engaged in or proposing to be engaged in or assisting in the proposed formation of a domestic insurer or an insurance holding corporation or a stock corporation to finance a domestic mutual insurer for the production of its business or the attorney-in-fact of a domestic reciprocal insurer.

Acts 1958, No. 125; Redesignated from La. Rev. Stat. 22:1308 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2012, No. 271, §1.