§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.

            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.

NOTE: Former R.S. 22:456 redesignated as R.S. 22:185 by Acts 2008, No. 415, §1, eff. Jan. 1, 2009.