Judges: RICHARD P. IEYOUB
Filed Date: 7/29/1993
Status: Precedential
Modified Date: 7/5/2016
Dear Representative Melancon:
You requested this opinion from the Office of the Attorney General. Specifically, you state that "LSA-R.S.
LSA-R.S.
"B. It is the purpose of the corporation to provide a residual market for those employers that have in good faith, but without success, sought worker's compensation insurance in the voluntary market of insurance; to provide a competitive market for preferred risk policies as defined herein; and to insure that rates charged are adequate to provide solvency and self-funding of the corporation." (Emphasis supplied).
Thus, rates charged employers for coverage are intended to be adequate to allow that the corporation is solvent and self-funded.
As provided at R.S.
"E. The corporation shall be liable for payment of assessments imposed by the Louisiana Office of Workers' Compensation Administration, the Louisiana Workers' Compensation Second Injury Fund, and the United States Department of Labor pursuant to Section 44 of the United States Longshore and Harbor Worker's Compensation Act."
Shortfalls in estimated premiums because of losses are not discussed in these statutes directly. However, the language employed at
Instead, the legislative plan for funding the corporation is by charging fees, (R.S.
"A. The corporation shall not incur capitalization debt, in the aggregate, of over five million dollars unless prior approval is obtained from the State Bond Commission.
B. Any proceeds from debt incurred pursuant to this Section shall be used only for the operations of the corporation and for cash flow purposes to pay any claims under policies issued by the corporation.
C. The full faith and credit of the State of Louisiana shall be pledged for any debt incurred pursuant to this Section subject to the provisions of R.S.
23:1404 ."
No mention is made of any further assessment of the policyholders by the corporation. Rather, a mandate is provided at R.S.
"B. Notwithstanding any other provision of law, the corporation shall be self-funding and cover corporation losses and expenses. The sole source of continual funding of the corporation shall be its policyholders and contractual services fees, except as provided in R.S.
23:1397 and 1399(A)(5). There shall be no requirement for any insurer to capitalize the corporation. There shall be no assessments or other liability imposed on any insurer for any deficit of the corporation."
R.S.
Thus, the LWCC statutes provide that there shall be no assessments or other liability imposed on any insurers for any deficit or shortfall of the corporation.
It is the opinion of this office, that the LWCC expressly shall not assess policyholders in the event of a shortfall in estimated premiums because of losses. Thus, such language should not be included on the face of the policy.
Trusting this to be of sufficient information, I remain
Yours very truly,
RICHARD P. IEYOUB Attorney General
BY: JANE BISHOP JOHNSON Staff Attorney