1. A. Unless otherwise specifically included, this regulation shall not apply to transactions involving:

   1. 1. direct response solicitations where there is no recommendation based on information collected from the consumer pursuant to this regulation;

   2. 2. contracts used to fund:

      1. a. an employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act (ERISA);
      2. b. a plan described by Sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the Internal Revenue Code (IRC), as amended, if established or maintained by an employer;
      3. c. a government or church plan defined in Section 414 of the IRC, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax-exempt organization under Section 457 of the IRC; or
      4. d. a nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;
   3. 3. settlements of or assumptions of liabilities associated with personal injury litigation or any dispute or claim resolution process; or
   4. 4. formal prepaid funeral contracts.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:11, 22:919, 22:1576, and the Administrative Procedure Act, R.S. 49:950 et seq.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Insurance, Office of the Commissioner, LR 32:2268 (December 2006), amended LR 45:759 (June 2019), amended LR 50: 1284 (September 2024).