Louisiana’s Donelon Reminds Insurers of ‘Producer of Record’ Obligations

Stating it has come to his attention that not all insurers are abiding by state law regarding certain insurance policy “producer of record” changes, Louisiana Insurance Commissioner Jim Donelon issued a directive reminding insurers of their statutory obligations.

According to the Louisiana Department of Insurance, Directive 211 is meant to inform all insurers of their obligation to accept and recognize a change or removal in the producer of record requested in writing by the owner of the policy or the first named insured if there are multiple-named insureds under a particular contract.

Donelon said some insurance carriers, including surplus lines carriers, “have refused to accept a written request for a change or removal in the ‘producer of record’ on insurance policies. When the owner of the policy or the first-named insured requests in writing a change in the producer of record, the insurer shall accept the producer of record letter and make the requested change.”

The law in question is detailed in La. R.S. 22:1564, according to Donelon’s directive. The directive notes that the producer of record change rule does not apply to:

• Any producer who is an employee of an insurer or represents, by contractual agreement, only one insurer or a group of affiliated insurers under the Insurance Holding Company System Regulatory Law in La. R.S. 22:691 et seq.;
• Limited benefit health insurance policies or contracts authorized to be issued in Louisiana.

Otherwise, all insurers, including surplus lines insurers, must comply with the applicable law. Insurers that refuse to accept the written request by the policy owner or the first-named insured may be in violation of state law and subject to regulatory sanctions, the directive states.