1. A. Any insurer that makes a filing pursuant to R.S. 22:1265(L) for the nonrenewal or cancellation of up to five percent or for more than five percent of its insureds’ homeowners policies in Louisiana in a calendar year shall file with the commissioner a Plan for Nonrenewal or Cancellation setting forth the insurer's plan in the state of Louisiana. A Plan for Nonrenewal or Cancellation shall not include a nonrenewal or cancellation of more than 5 percent of the insurer’s homeowners’ policies in force in any one parish that is subject to the “3-year rule”, unless authorized by the commissioner under Paragraph C of this section. The commissioner shall have the discretion to disapprove any Plan for Nonrenewal or Cancellation up to five percent if deemed to not be in the public interest. Approval by the commissioner is required for a Plan for Nonrenewal or Cancellation requesting more than 5 percent of its insureds’ homeowners’ policies in any one parish in Louisiana in a calendar year. An insurer shall only send a notice of nonrenewal or cancellation to an insured on or after January 1, 2025. The commissioner shall provide written approval to the insurer. The Plan for Nonrenewal or Cancellation shall include, but not be limited to the following:

   1. 1. a listing of the physical addresses, types of policies, zip code and parishes for the properties that will be the subject of the requested nonrenewal or cancellation process;
   2. 2. data submitted through a LDI portal or link to such data by parish representing each proposed parish and zip code affected by the nonrenewal or cancellation, along with the deductible amount. The data shall pinpoint all proposed homeowners policies to be nonrenewed or cancelled and demonstrate compliance with the requirement that no more than 5 percent of the insurer’s homeowners policies in force in any one parish that is subject to the “3 year rule” and a listing of those homeowners policies that may be nonrenewed or cancelled;
   3. 3. a policy count of all active homeowners policies meeting the eligibility criteria under the current “3-year rule” concept, including policy inception date and nonrenewal or cancellation date. The policy count and a percentage of the amount of homeowners policies being nonrenewed or cancelled shall be presented on a statewide basis, as well as a per parish basis and zip code basis;
   4. 4. the coverage A limits or residential coverage limit for each property risk that will be the subject of the requested nonrenewal or cancellation;
   5. 5. a listing of homeowners policies inception date, nonrenewal or cancellation dates for all homeowners policies, premium amount, that will be subject to the non-renewal or cancellation;
   6. 6. a mathematical breakdown that illustrates compliance with the requirement that no more than 5 percent of the insurer’s homeowners policies in force in any one parish that is subject to the “3-year rule” and a listing of homeowners’ policies that may be nonrenewed or cancelled;
   7. 7. the insurer's total homeowners policies in force in the particular zip code and parish;
   8. 8. the insurer's total homeowners policies in force in the state;
   9. 9. the insurer's premium by state and by parish as a percentage of the insurer’s total written premium in the state; and
   10. 10. any other factors that the commissioner determines are applicable, relevant, and appropriate.
2. B. Any business plan, documentation or information filed pursuant to Regulation 131 shall be considered proprietary or trade secret pursuant to the provisions of R.S. 44:3.2 and the Uniform Trade Secrets Act pursuant to Chapter 13-A of Title 51 of the Louisiana Revised Statutes of 1950 shall be applicable to any business plan, documentation or information.
3. C. Subject to the review and approval of the commissioner, an insurer may submit a request to non-renew more than 5 percent in any parish. In determining whether to grant the request, the commissioner will consider the impact of the request on the insurer’s risk and financial profile, the ability of the insurer to maintain or expand its operations, the cost of reinsurance and such other factors as the insurer shall submit or the commissioner shall deem necessary for the evaluation of the request to determine its overall impact on the insurance market. The commissioner will approve or reject any request within thirty days of submission.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 22:2, R.S. 22:11, 22:1265, Act 2024, No. 9 of the Regular Session of the Louisiana Legislature, 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 51:804 (June 2025).