§ 22:456 — Producers; appointment

§456. Producers; appointment
A. Any self-insurer who has been issued a certificate of authority pursuant to this
Subpart may contract with and appoint as its representatives in this state, as its producer or
producers, any person or persons licensed as a producer for the line of accident and health
or sickness pursuant to Chapter 5 of this Title, R.S. 22:1541 et seq. No solicitation of
insurance shall be made by any producer prior to notification of such self-insurer that its
appointment has been recorded by the commissioner. If the commissioner has not notified
the self-insurer of his disapproval of a particular producer within thirty days after receipt of
the self-insurer's appointment of such producer, the producer thereafter may commence
solicitation of insurance.
B. To appoint a producer as its agent, the self-insurer shall file, in a manner
prescribed by the commissioner, a notice of appointment within fifteen days from the date
the agency contract is executed. Each notice of appointment shall include the fee in the
amount set forth in R.S. 22:821.
C. 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 a self-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 R.S. 22:1541 et seq. and
are registered pursuant to R.S. 22:1546(B).
D. An appointment as provided for in this Section remains effective until the
following date of renewal, unless the license of the named appointed producer is revoked by
the commissioner as provided for in R.S. 22:1541 et seq., or until canceled by the self-insurer
upon written notice to the producer with a copy thereof filed with the commissioner.
E. Appointments for individual producers expire on January first of each year and
a self-insurer shall submit to the commissioner, in a manner prescribed by the commissioner,
a list of appointed individual producers which it intends to reappoint no later than the
expiration date of January first and the fee in the amount set forth in R.S. 22:821.
F. Appointments for a business entity expire on August first of each year and a
self-insurer shall submit to the commissioner, in a manner prescribed by the commissioner,
a list of appointed business entity producers which it intends to reappoint no later than the
expiration date of August first and the fee in the amount set forth in R.S. 22:821.
G.(1) Any self-insurer which issues or delivers a policy or contract of insurance
pursuant to the application or request of a producer who is not appointed to represent the
self-insurer as a producer shall be deemed to have authorized such producer to act on the
self-insurer's behalf. The payment to such a producer shall be payment to the self-insurer
with all resultant obligations and duties.
(2) This Subsection establishes an agency relationship only for the matter of
premiums collected pursuant to the provisions of this Section.
NOTE: Former R.S. 22:456 redesignated as R.S. 22:185 by Acts 2008, No.
415, §1, eff. Jan. 1, 2009.

Legislative History

Acts 1984, No. 857, §1; Acts 1990, No. 902, §1; Redesignated from R.S. 22:3006 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2009, No. 503, §1; Acts 2022, No. 56, §1.