HLS 16RS-877 ORIGINAL 2016 Regular Session HOUSE BILL NO. 352 BY REPRESENTATIVE HUVAL INSURANCE: Provides for the retention of certain insurance records by producers and adjusters 1 AN ACT 2To enact R.S. 22:1569 and 1679, relative to the retention of records by insurance producers 3 and licensed claims adjusters; to provide for the records to be retained; to provide for 4 the retention period; to provide for the availability of examination by the 5 commissioner; and to provide for related matters. 6Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 22:1569 and 1679 are hereby enacted to read as follows: 8 §1569. Record retention 9 A. An insurance producer shall maintain a complete record of each 10 transaction as an insurance producer. The records required by this Section shall 11 include all of the following: 12 (1) Name of the insured or applicant. 13 (2) Location, description, and amount of any property, risk, or exposure. 14 (3) Copy of the contract between the insurance producer and insured or the 15 application completed by an applicant for insurance. 16 (4) Name of any insurer, amount, expiration date, and number of each policy 17 carried with respect to the loss. 18 (5) Itemized statement of all compensation received by the insurance 19 producer, from any source whatsoever, in connection with any contract or 20 application. Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-877 ORIGINAL HB NO. 352 1 (6) A register of all monies received, deposited, disbursed, or withdrawn in 2 connection with a transaction with an insured or applicant. 3 (7) Name of the insurance producer who executed the contract. 4 (8) Evidence of financial responsibility in a manner and form prescribed by 5 the commissioner. 6 B. Records shall be maintained for at least five years after the termination 7 of the transaction with an insured and shall be available for examination by the 8 commissioner. 9 * * * 10 §1679. Record retention 11 A. An adjuster, including a business entity licensed as a claims adjuster, who 12 is an independent contractor shall maintain a complete record of each transaction as 13 an adjuster. The records required by this Section shall include all of the following: 14 (1) Name of the insured. 15 (2) Date, location, and amount of the loss. 16 (3) Copy of the contract between the adjuster and insurer. 17 (4) Name of the insurer, amount, expiration date, and number of each policy 18 carried with respect to the loss. 19 (5) Itemized statement of the insured's recoveries. 20 (6) Itemized statement of all compensation received by the adjuster, from any 21 source whatsoever, in connection with the loss. 22 (7) A register of all monies received, deposited, disbursed, or withdrawn in 23 connection with a transaction with an insured. 24 (8) Evidence of financial responsibility in a format prescribed by the 25 commissioner of insurance. 26 B. Records shall be maintained for at least five years after the termination of 27 the transaction with an insured and shall be available for examination by the 28 commissioner. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 16RS-877 ORIGINAL HB NO. 352 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 352 Original 2016 Regular Session Huval Abstract: Provides for retention of certain records by insurance producers and licensed claims adjusters for a minimum of five years. Proposed law provides that insurance producers and licensed claims adjusters shall retain complete records of each transaction. Further provides that the records shall be maintained for a minimum of five years and be available for inspection by the commissioner. Proposed law provides an enumerated list of required records. (Adds R.S. 22:1569 and 1679) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.