RS 22:550.12     

§550.12. Suspension or revocation of certificate of authority; hearings

            A. The commissioner may refuse, suspend or revoke the certificate of authority of a captive insurer if, after an examination and hearing, the commissioner determines that the captive insurer satisfies any one of the following items:

            (1) Is insolvent or has impaired its required capital or surplus.

            (2) Is in such condition that its further transaction of business in this state would be hazardous to the policyholders, creditors, or the public.

            (3) Has failed to meet a requirement of R.S. 22:550.10.

            (4) Has refused or failed to submit an annual report, as required by R.S. 22:550.21, or any other report or statement required by law or by order of the commissioner.

            (5) Has failed to comply with the provisions of its charter or bylaws.

            (6) Has failed to submit to an examination, or has refused or failed to pay the cost of an examination required pursuant to R.S. 22:550.22.

            (7) Has used any method in transacting the business of insurance pursuant to this Subpart which is detrimental to the operation of the captive insurer or would make its condition unsound with respect to its policyholders or the general public.

            (8) Has failed otherwise to comply with the laws of this state.

            (9) The suspension or revocation of the certificate of authority of the captive insurer is in the best interest of its policyholders or the general public.

            B. No captive insurer whose certificate of authority has been suspended, revoked, or refused shall subsequently be authorized unless the grounds for such suspension, revocation, or refusal no longer exist and the captive insurer is otherwise fully qualified.

            C. An aggrieved party affected by the commissioner's decision, act, or order may demand a hearing in accordance with Chapter 12 of this Title, R.S. 22:2191 et seq.

            Acts 2008, No. 403, §1, eff. Jan. 1, 2009; Acts 2009, No. 317, §1; Redesignated by Acts 2009, No. 503, §3; Acts 2012, No. 633, §1.