§1642.  Necessity of written agreement

A.  No administrator shall act as such without a written agreement between the administrator and the insurer and such written agreement shall be retained as part of the official records of both the insurer and the administrator for the duration of the agreement and for five years thereafter.  The agreement shall contain all provisions required by this statute, unless those requirements do not apply to the functions performed by the administrator.

B.  The written agreement shall include a statement of the duties which the administrator is expected to perform on behalf of the insurer and the lines, classes, or types of insurance which the administrator is to be authorized to administer.  The agreement shall make provision with respect to underwriting or other standards pertaining to the business underwritten by such insurer.

C.  The insurer or administrator may, with written notice, terminate the written agreement for cause as provided in the agreement.  The insurer may suspend the underwriting authority of the administrator while any dispute regarding the cause for termination of the written agreement is pending.  The insurer must fulfill any lawful obligations with respect to policies affected by the written agreement, regardless of any dispute between the insurer and the administrator.

Acts 1993, No. 144, §1; Redesignated from R.S. 22:3032 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009; Acts 2011, No. 94, §1, eff. Jan. 1, 2012.