R.S. 22:438

Acknowledgment of applicant for insurance ACTIVE

A. Any licensed surplus lines broker that procures a personal lines policy with a surplus lines insurer shall obtain from the applicant for insurance no later than the date of binding coverage, an acknowledgment on a standardized form promulgated by the commissioner of insurance which shall be maintained by the licensed surplus lines broker. The acknowledgment shall verify that:

(1) The applicant for insurance was expressly advised prior to placement of the surplus lines insurance.

(2) The insurance may be placed with a surplus lines insurer.

(3) In the event of insolvency of the insurer, losses shall not be paid by the Louisiana Insurance Guaranty Association or the Louisiana Life and Health Insurance Guaranty Association.

(4) The applicant for insurance expressly authorizes the procurement of surplus lines insurance coverage.

(5) The coverage is being procured through a duly licensed surplus lines broker.

B. As long as the personal lines policy continues to be renewed by the same surplus lines insurer, there shall not be a need for new acknowledgments at each renewal. At renewal, if the personal lines policy is placed with a different surplus lines insurer, then a new acknowledgment shall be obtained in the manner outlined in Subsection A of this Section.

Actions

References

None.

Cited by

None.

History

  • enactment Acts 1993, No. 126, §1
  • amendment Acts 1999, No. 868, §1
  • amendment Acts 2009, No. 503, §1
  • amendment Acts 2013, No. 203, §1, eff. June 10, 2013
  • amendment Acts 2015, No. 193, §1
  • amendment Acts 2018, No. 7, §1, eff. Jan. 1, 2019

Section navigation

Cite R.S. 22:438

Bluebook
La. Rev. Stat. Ann. § 22:438 (2026).
Permalink
https://theusufruct.com/rs/title-22/section-438
BibTeX
@misc{larevstat-22-438,
  title        = {La. Rev. Stat. Ann. § 22:438},
  howpublished = {Louisiana Revised Statutes},
  year         = {2026},
  url          = {https://theusufruct.com/rs/title-22/section-438},
  note         = {Snapshot 2026-05-22}
}