§ 22:1548 — Nonresident licensing

§1548. Nonresident licensing
A. Unless denied licensure pursuant to R.S. 22:1554, a nonresident person shall
receive a nonresident producer license if:
(1) The person is currently licensed as a resident and in good standing in his home
state.
(2) The person has submitted the proper request for licensure and has paid the fees
required by R.S. 22:821.
(3) The person has submitted or transmitted to the commissioner of insurance the
application for licensure that the person submitted to his home state, or in lieu of the same,
a completed Uniform Application.
(4) The person's home state awards nonresident producer licenses to residents of this
state on the same basis.
B.(1) The commissioner of insurance may verify the producer's licensing status
through the producer database maintained by the National Association of Insurance
Commissioners, its affiliates, or subsidiaries.
(2) Whenever, by the laws or regulations of any other state or jurisdiction, any
limitation of rights and privileges, conditions precedent, or any other requirements are
imposed upon residents of this state who are nonresident applicants or licensees of such other
state or jurisdiction in addition to, or in excess of, those imposed on nonresidents under this
Subpart, the same requirements shall be imposed upon such residents of such other state or
jurisdiction.
(3)(a) The commissioner of insurance shall not issue a license to any nonresident
applicant until such applicant has filed forms approved by the commissioner which designate
the commissioner as his true and lawful agent, upon whom may be served all lawful process
in any action, suit, or proceeding instituted by or on behalf of any interested person arising
out of the applicant's insurance business in this state. The designation shall constitute an
agreement that such service of process has the same legal force and validity as personal
service of process upon the person in the state.
(b) The service of process upon any such licensee in any action or proceeding in any
court of competent jurisdiction may be made by a party serving the commissioner of
insurance with appropriate copies thereof and the payment to him of the fee authorized by
R.S. 22:821.
(c) The commissioner of insurance shall, within ten days of being served, forward
a copy of such process by registered or certified mail, return receipt requested, to the licensee
at his last known address of record or principal place of business, and the commissioner shall
maintain copies of all such processes so served upon him.
(4) The service of process upon any such licensee in any action or proceeding
instituted by the commissioner of insurance under this Subpart shall be made by the
commissioner by mailing such process by registered or certified mail, return receipt
requested, to the licensee at his last known address of record or principal place of business.
C. A nonresident producer who moves from one state to another state or a resident
producer who moves from this state to another state shall file a change of address and
provide certification from the new resident state within thirty days of the change of legal
residence. The change of address shall include the producer's current and prior addresses.
No fee or license application is required.
D.(1) Notwithstanding any other provision of this Subpart, an insurance producer
licensed as a surplus lines broker in his home state shall receive a nonresident surplus lines
broker license pursuant to Subsection A of this Section.
(2) Except as provided by Subsection A of this Section, nothing in this Section
otherwise amends or supersedes any provision of R.S. 22:431 et seq.
E. Notwithstanding any other provision of this Subpart, a person licensed as a limited
line credit insurance or other type of limited lines producer in his home state shall receive
a nonresident limited lines producer license, pursuant to Subsection A of this Section,
granting the same scope of authority as granted under the license issued by the producer's
home state. For the purposes of this Subsection, limited line insurance is any authority
granted by the home state which restricts the authority of the licensee to less than the total
authority prescribed in the associated major lines pursuant to R.S. 22:1547(A)(1) through (6).
F. Except as provided in Subsection C of this Section, as a condition of continuation
of a nonresident producer license issued pursuant to this Section, a nonresident producer
shall maintain in good standing a current resident producer license in his home state. A
nonresident producer license issued pursuant to this Section shall cease to be current or in
good standing in this state, without further action by the commissioner, if the home state
resident producer license ceases to be current or in good standing.

Legislative History

Acts 2001, No. 158, §1, eff. Jan. 1, 2002; Redesignated from R.S. 22:1138 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2011, No. 94, §1, eff. Jan. 1, 2012; Acts 2019, No. 82, §1, eff. Jan. 1, 2020.