The Insurance Contract; Provisions Applicable to All Insurers (La. R.S. 22:851 through 22:890): Louisiana Insurance Code

What this document is

Louisiana Insurance Code - The Insurance Contract; Provisions Applicable to All Insurers (La. R.S. 22:851 through 22:890) is a state statute published by Louisiana State Legislature (legis.la.gov). It is one of the Louisiana documents that insurance license exam questions are written from, including louisiana life & health, louisiana property & casualty practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• La. R.S. tit. 22 § 857(A) (Application as Evidence; Life, Annuity, or Health and Accident Insurance)

  “A. No application for life, annuity, or health and accident insurance shall be admissible in evidence in any action relative to the policy or contract, unless a correct copy of the application was attached to or otherwise made a part of the policy, or contract, when issued and delivered. This...”

• La. R.S. tit. 22 § 856 (Application for Insurance Required)

  “No life, annuity, or health and accident insurance contract upon an individual, except a contract of group life insurance or of group or blanket health and accident insurance as defined in this Code, shall be made or effectuated unless at the time of the making of the contract the individual...”

• La. R.S. tit. 22 § 867(A) (Must Contain Entire Contract with Exceptions)

  “A. No agreement in conflict with, modifying, or extending the coverage of any contract of insurance shall be valid unless it is in writing and physically made a part of the policy or other written evidence of insurance, or it is incorporated in the policy or other written evidence of insurance by...”

• La. R.S. tit. 22 § 859 (Alteration of Application)

  “A. Any application for insurance in writing by the applicant shall be altered solely by the applicant or by his written consent, except that insertions may be made by the insurer for administrative purposes only in such manner as to indicate clearly that such insertions are not to be ascribed to...”

• La. R.S. tit. 22 § 860(B) (Warranties and Misrepresentations in Negotiation; Applications)

  “B. In any application for life, annuity, or health and accident insurance made in writing by the insured, all statements therein made by the insured shall, in the absence of fraud, be deemed representations and not warranties. The falsity of any such statement shall not bar the right to recovery...”

• La. R.S. 22:853 (Insurable interest required; property insurances)

  “A. No contract of insurance on property or of any interest therein or arising therefrom shall be enforceable except for the benefit of persons having an insurable interest in the things insured. B. "Insurable interest" as used in this Chapter means any lawful and substantial economic interest in...”

• La. R.S. 22:890(B) (Certificates of insurance)

  “B. No property or casualty insurer or insurance producer may issue a certificate of insurance or any other type of document purporting to be a certificate of insurance that will affirmatively or negatively alter, amend, or extend the coverage provided by the referenced insurance policy. A...”

• La. R.S. 22:882 (Waiver of subrogation)

  “Under any policy of insurance which authorizes the insured to waive the right of recovery of the insured against any party prior to loss without additional premium, the insured shall also be entitled to waive in writing after loss without invalidating the policy the right of recovery against any of...”

• La. R.S. 22:860(A) (Warranties and misrepresentations in negotiation; applications)

  “A. Except as provided in Subsection B of this Section, R.S. 22:1314, and 1315, no oral or written misrepresentation or warranty made in the negotiation of an insurance contract, by the insured or in his behalf, shall be deemed material or defeat or void the contract or prevent it attaching, unless...”

• La. R.S. 22:887(J) (Cancellation by insurer; notice of reinstatement, casualty coverage)

  “J. Any insurer that issues notice of cancellation on an insurance policy that provides casualty coverage and later continues or reinstates that insurance policy shall issue notice of reinstatement to every policyholder, insurance producer, or other known person shown by the policy to have an...”

• La. R.S. 22:870 (Duration of binders)

  “A "binder" is used to bind insurance temporarily pending the issuance of the policy. No binder shall be valid beyond the issuance of the policy as to which it was given.”

• La. R.S. 22:854(B) (Interest of the insured; loss by fire)

  “With regard to loss by fire, the wrongful or malicious actions of a named insured that are determined to be the cause of the loss to the insured property shall not be imputed to any other insured such that the innocent insured would be deprived of coverage provided by the policy. In case of a fire...”

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• La. R.S. 22:1964: Methods, acts, and practices defined as unfair or deceptiveState statute
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