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FIRE INSURANCE PATROL.
Fire Insurance Companies May Form Organization.
3783. [Sec. 1, Act 115, 1902, p. 186.] It shall be lawful for the fire insurance companies regularly licensed and authorized to do business in this State, to organize in any city of this State having a population of 50,000 or more, an association for the purpose of protecting life and property, from fire in said cities.
Provided that for such service as the said association may perform in the interest of the public, no charge of any kind be imposed, and that in the efforts to protect and save life and property at and during any fire no discrimination shall be made between property which may be insured and that which may be uninsured. Such association shall be known as the Fire Insurance Patrol of the city in which they may be organized.
3784. [Sec. 2.] Every fire insurance company regularly licensed and authorized to do business in the city in which such association as provided in Section 1 of this act shall have its domicile, shall be eligible to membership in such association, and shall have one vote for each one thousand ($1,000.00) dollars of premiums reported to such association for assessment, as hereafter provided.
What to be Filed With Secretary of State.
3785. [Sec. 3.] When in any city of this State having a population of 50,000 or more, two-thirds of the fire insurance companies regularly licensed and authorized to do business in this State, shall have voluntarily organized such an association as is prescribed in Section 1 of this act it shall be the duty of the president, secretary and board of directors or executive committee of such association, to file with the Secretary of State a certified copy of the constitution and by-laws, and a certified list of the fire insurance companies subscribing thereto, and if the organization be found to conform to the provisions of this act, it shall be the duty of the Secretary of State to furnish such association with a certificate of approval.
May Maintain Corps.
3786. [Sec. 4.] Every such association as provided for in Section 1 of this Act shall have power to provide and maintain a corps of men, with the proper officers and suitable apparatus and
quarters, to save and preserve life and property at and after a fire, and the better to enable them to act with promptness and efficiency, power is hereby granted to such associations, its officers and its men, to enter any building on fire or which in their judgment is immediately exposed to or in danger of taking fire from other burning buildings. To protect and save property therein, and to remove such property or any part thereof at or immediately after a fire, provided, however, that nothing in this Act shall be so construed as to lessen in any way the authority of the fire department of the city in which such association shall have its domicile or to warrant or justify any interference with them in the performance of their duties.
Right of Way.
3787. [Sec. 5.] The officers and men of every such association as provided for in Section 1 of this Act, with their teams and apparatus shall have the same right of way whilst going to a fire as the fire department of the city in which such association may have its domicile and any violation of the street rights of such associations shall be punished in the same manner as is or may hereafter be provided for the punishment of violations of the right of fire departments by said cities.
Right of way, Coleman vs. Fire Ins. Patrol, 122 La. 626.
How Expenses Paid.
3788. [Sec. 6.] To provide for the payment of persons employed by such associations and to maintain the buildings and apparatus for saving life and property, and to provide for all other expenses of associations organized under the provisions of this Act, said associations are empowered to require a statement to be furnished annually by all corporations, associations, underwriters, agents or persons, of the aggregate amount of premiums received for insuring real and personal property in the cities in which said associations are domiciled, from loss by fire for the twelve months next preceding the 31st day of December of each year, which statement shall be sworn to by the president or secretary of such insurance company or association or by the agent or persons so acting and effecting such insurance in said cities, and shall be handed to the secretary of such associations as may be organized under the provisions of this Act, within thirty days after the time to which said returns are to be made; said returns shall specify the amount of gross premiums written by such insurance company, association or agent during the said twelve months on all policies of all kinds on risks located in cities
in which Fire Insurance Patrol Associations may have been organized under the provisions of this Act, deducting only return premiums paid and premiums paid for re-insurance in companies authorized to do business in the State of Louisiana, after deducting from such premiums for re-insurance, return premiums received on such cancelled re-insurance during the said twelve months.
No re-insurance in companies not authorized to do business in the State of Louisiana shall be deducted.
Assessment on Members.
3789. [Sec. 7.] The president, board of directors or executive committee of such associations as may be organized under the provisions of this Act are hereby empowered to fix the assessment of all fire insurance companies regularly licensed and authorized to do business in this State, in proportion to the several amounts of premiums returned as received by each, as provided in Section 6 of this Act. Said assessments shall be based on the estimated expenses for the current year and shall in no case exceed two per centum on the aggregate amount of premiums returned as provided in Section 6 of this Act, and such assessments shall be payable quarterly in advance.
[Sec. 8.] It shall be the duty of the Secretary of such associations as may be organized under the provisions of this Act to report to the Secretary of State all fire insurance companies neglecting to make statements of the amount of premiums received as provided in Section 6 of this Act, and all fire insurance companies failing to pay the assessments as provided for in Section 7 of this Act, with a statement of the amount due by each; it shall be the duty of the Secretary of State to make demand on such delinquent companies for said statements, and to collect the amounts due by such delinquent companies, and to pay over the sum or sums so collected to said association, taking therefor the receipt of the properly authorized officer of such association, and for such service the Secretary of State shall deduct a fee of five (5) per centum upon the sum or sums so collected and paid over.
3791. [Sec. 9.] It shall be the duty of the Secretary of State to revoke the license of any fire insurance company failing or refusing to comply with his demands as provided in Section
8 of this Act, within fifteen (15) days after such demands shall have been made, and such revocation shall be maintained until such demands have been complied with.
Scope of Act.
3792. [Sec. 10.] In every city in this State wherein any association has heretofore been formed for the purpose of protecting life and property from fire, such association shall not be abolished by this Act, but upon filing with the Secretary of State a certificate of acceptance of the provisions of this Act, with a certified copy of its constitution and by-laws, shall be continued hereunder as the Fire Insurance Patrol of such city wherein it is located, and enjoy all the powers and privileges of this Act. Provided, however, if it shall not so file its acceptance within three months after the passage of this Act, then the corporations designated in this Act may organize another association to execute the objects and purposes of this Act.
FOREIGN FIRE, RIVER AND MARINE INSURANCE COMPANIES.
3793. [Sec. 1, Act 76, 1886, p. 115.] No fire, river, inland navigation or marine insurance company, corporation, association, partnerships or individuals, incorporated or organized under the laws of any foreign government, shall transact business in this State, unless it shall first deposit twenty-five thousand dollars and keep the same deposited with the Treasurer of this State for the benefit of the policy-holders of such company, citizens or residents of the State of Louisiana, bonds or securities of the United States or of the State of Louisiana.
Purpose of Deposit.
3794. [Sec. 2.] The deposit required by the preceding section shall be held liable to pay the judgments of said policyholders in such company, and may be so decreed by the court adjudicating the same.
3795. [Sec. 3.] If the deposit required by Section 1 of this Act has been made in any other State of the United States, under the laws of such State, in such manner as to secure equally all the said policy-holders of such company who are citizens and residents of the State of Louisiana, then no deposit shall be required in this State; but a certificate of such deposit under the
hand seal of the officer of such other State with whom the same has been made, shall be filed with the Secretary of State of Louisiana.
Publication of Certificate.
3796. [Sec. 4.] It shall be the duty of every insurance company, organized or incorporated under the laws of any foreign government, doing business in this State, whether fire, river, marine, or inland navigation, to publish annually, in the daily newspaper having the largest circulation published in the parish wherein said insurance company may be located, within sixty days after 31st of December of each year, a certificate from the Secretary of State that such company has, in all respects, complied with the laws in relation to insurance.
Statement by Secretary of State.
3797. [Sec. 5.] The Secretary of State is hereby prohibited from making any publication or statement in his annual report to the Legislature, which gives credit for the assets held or business done by any insurance company, organized under the laws of any foreign government or country, and authorized to transact business in this State, other than for assets held for the protection of all the policy-holders or business done within the United States. Hereafter all foreign, fire, river, marine or inland navigation insurance companies, making statements or reports to the Secretary of State, shall only report and be credited with the business done in this State, and assets held by or for them, within the United States; and it shall not be lawful for such companies to make any statement, publication or advertisements in regard to their assets and business except as hereinbefore mentioned.
3798. [Sec. 6.] No foreign insurance company shall make any contract of insurance of any kind or description, against loss or damage by fire, river, marine or inland navigation risks, nor expose themselves to any such loss by any one risk or hazard, for any greater amount in proportion to its capital, as determined by the provisions of this act, than companies organized under the laws of this State may do. And no foreign insurance company shall be admitted to transact business in this State, or take risks until in addition to all other requirements of the laws now in force in this State, such company shall comply