§1558. Appointments
A.
(1)An insurance producer shall not act as an agent of an insurer unless the
insurance producer becomes an appointed agent of that insurer, except for surplus lines
policies placed through licensed surplus lines brokers, surplus lines policies placed with
unauthorized insurers by licensed surplus lines brokers, and workers' compensation policies
placed with the Louisiana Workers' Compensation Corporation.
(2)An insurance producer who is not acting as an agent of an authorized insurer is
not required to become appointed.
(3)An insurance producer who is duly empowered and authorized to act through or
on behalf of another licensed insurance producer in the sale, solicitation, or negotiation of
insurance shall not be required to become appointed for the sale, solicitati
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§1558. Appointments
A.(1) An insurance producer shall not act as an agent of an insurer unless the
insurance producer becomes an appointed agent of that insurer, except for surplus lines
policies placed through licensed surplus lines brokers, surplus lines policies placed with
unauthorized insurers by licensed surplus lines brokers, and workers' compensation policies
placed with the Louisiana Workers' Compensation Corporation.
(2) An insurance producer who is not acting as an agent of an authorized insurer is
not required to become appointed.
(3) An insurance producer who is duly empowered and authorized to act through or
on behalf of another licensed insurance producer in the sale, solicitation, or negotiation of
insurance shall not be required to become appointed for the sale, solicitation, or negotiation
so conducted.
B.(1) An insurer lawfully authorized to transact business in this state shall appoint
as its agent any person or persons holding a license issued under the provisions of this
Subpart. To appoint a producer as its agent, the appointing insurer shall file, in a manner
prescribed by the commissioner of insurance, a notice of appointment within fifteen days
from the date the agency contract is executed. An insurer may also elect to appoint a
producer to all or some insurers within the insurer's holding company system or group by the
filing of a single appointment request.
(2) Upon receipt of the notice of appointment, the commissioner shall verify within
a reasonable time, not to exceed thirty days, that the insurance producer is eligible for
appointment. If the producer is determined to be ineligible for appointment, the
commissioner shall notify the insurer within fifteen days of such determination.
(3) Each insurer shall submit to the commissioner of insurance, in a manner
prescribed by the commissioner, a list of appointed producers which it intends to appoint or
reappoint. Each insurer shall remit, in a manner prescribed by the commissioner,
appointment fees in the amounts set forth in R.S. 22:821. Any insurer who fails to file its
renewal company appointments will be fined ten dollars per license named in its appointment
form.
(4) An appointment as provided for in this Section shall remain in full force and
effect until the following date of renewal, unless the license of the appointed producer named
therein is revoked by the commissioner as provided for in this Subpart, or until canceled by
the insurer upon written notice to the producer with a copy thereof filed with the
commissioner.
(5) The duties of the commissioner provided for in this Subsection shall be
performed by the commissioner or employees of the department and may not be the subject
of any contract for services with any person or entity outside of the department.
C. Any insurance producer, unless otherwise prohibited by contract, licensed in this
state, may solicit, negotiate, or effect applications for policies of insurance with any insurer
lawfully doing business in this state, other than an insurer such producer is appointed to
represent, if such producer is under contract with such insurer. However, no commissions
shall be paid by such insurer to the producer until the appointment has been recorded by the
commissioner.
D. If any producer is operating or intends to operate its business affairs as a
partnership, corporation, or other business entity, the appointments in this Section may be
issued by an insurer in the name of the partnership, corporation, or other business entity if
all persons in the partnership, corporation, or other business entity actively engaged in
soliciting, negotiating, or effecting contracts of insurance or renewals thereof also hold an
active producer license issued in accordance with the provisions of this Subpart and are
registered pursuant to R.S. 22:1546(B).
NOTE: Former R.S. 22:1558 redesignated as R.S. 22:2118 by Acts 2008,
No. 415, §1, eff. Jan. 1, 2009.