La. Admin. Code tit. 37, § XIII-9511 - Calculation of the Premium Discount; Proof of Eligibility
A. All insurers shall grant a discount equal
to 25 percent of the premium charged for an automobile liability insurance
policy. The discount shall apply to new and renewal business if the named
insured retains the status of active military personnel as defined in
Regulation 81. For calculation purposes the discount shall only be applied to
the premium charged for bodily injury and property damage liability, medical
payments and uninsured motorists coverage as per
R.S.
22:1266(A)(2) and shall
include, but shall not be limited to, all fixed expenses, variable expenses,
and policy fees. For interim policy changes, the discount mandated by this
Subsection shall be applied on a pro-rata basis in the same manner as similar
discount programs, such as good-student discounts, are applied by an
insurer.
B. The initial obligation
to demonstrate eligibility for the premium discount rests with the AMP. Thus,
prior to an insurer applying the premium discount mandated by
R.S.
22:1482(A), the AMP shall
provide to the insurer a properly executed Louisiana Application for Military
Discount on the current form approved by the LDI.
C. An insurer who obtains from an AMP a
properly executed Louisiana application for military discount shall be eligible
for a rebuttable presumption that the insurer is entitled to claim a tax credit
against the premium taxes levied pursuant to
R.S.
22:838 and 831.
D. An insurer shall be barred from claiming
the benefit of the rebuttable presumption if the insurer knew or should have
known that the AMP provided false or fraudulent information on the Louisiana
application for military discount and/or the insurer fails, neglects or refuses
to report said false or fraudulent information regarding the AMP to the
LDI.
E. The initial Louisiana
Application for Military Discount shall be properly executed by the AMP and
delivered to the insurer. The insurer is required to maintain the original and
all subsequent renewals on file for inspection, verification and audit by the
LDI to ensure that the AMP is entitled to the premium discount mandated by
R.S.
22:1482(A).
F. Active military personnel who is deployed
out-of-state or overseas and who is:
1.
single, shall be considered as based in this state for purposes of receiving
the discount provided by
R.S.
22:1482 and
§9515 of this regulation; or
2. married, and has a spouse and dependents
who remain in this state, shall be considered as based in this state for
purposes of receiving the discount provided by
R.S.
22:1482 and
§9515 of this regulation; or
3. is single, and who has dependents who
remain in this state, shall be considered as based in this state for purposes
of receiving the discount provided by
R.S.
22:1482 and
§9515 of this regulation.
G. If single or married AMP are
deployed out-of-state or overseas, the insurer is authorized to accept the
"Louisiana Application for Military Discount" if it is properly filled out by
any one of the persons who is in a filial relationship to the AMP, to wit:
spouse, mother, or father, or any brother, sister, aunt or uncle who has
attained the age of majority.
H.
Although it is the obligation of the AMP to demonstrate eligibility for the
premium discount, an insurer has the obligation to act with due diligence with
regard to the premium discount program. In furtherance of this due diligence
obligation, the insurer may request additional documentation or proof from an
AMP to determine initial or continuing eligibility for the discount if the
insurer has a legitimate concern with regard to the authenticity or accuracy of
any of the information provided by the AMP.
I. At each renewal AMP shall be required to
re-execute the Louisiana Application for Military Discount in all respects as
required by Regulation 81.
J. The
Louisiana Application for Military Discount that must be properly executed by
the AMP is set forth in §9519, Louisiana Application for Military
Discount-Appendix, of this regulation and is incorporated herein as if set
forth herein in extenso.
Notes
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