Ind. Code § 27-1-27-11 — Indiana Code / Title 27 / Article 1 / Chapter 27 / Section 27-1-27-11
Violations
Status: in_force

Sec. 11. (a) A person who adjusts an insurance loss without having obtained the required certificate of authority or who adjusts an insurance loss after his certificate of authority has been cancelled, suspended, or revoked by the commissioner of insurance commits a Class B infraction.

(b) A person who makes any false statement pertaining to any matter or thing required by this chapter to be made commits a Class B infraction.

(c) A contract or agreement for compensation or services made between any insured and a public adjuster for any loss suffered by the insured which occurred in Indiana is void unless the public adjuster, at the time of the making of the contract or agreement, has a certificate of authority issued by the commissioner of insurance under this chapter.

(d) This section does not limit the authority of the commissioner of insurance to suspend, revoke, place on probation, or refuse to issue a certificate of authority.

As added by P.L.257-1983, SEC.1.
Ind. Code § 27-1-37.3-2 — Indiana Code / Title 27 / Article 1 / Chapter 37.3 / Section 27-1-37.3-2
"Affiliate"
Status: in_force

Sec. 2. As used in this chapter, "affiliate" has the meaning set forth in IC 27-1-25-1.

As added by P.L.55-2008, SEC.1.
Ind. Code § 27-8-14.1-4 — Indiana Code / Title 27 / Article 8 / Chapter 14.1 / Section 27-8-14.1-4
Coverage for nonexperimental, surgical treatment of morbid obesity
Status: in_force

Sec. 4. (a) Except as provided in subsection (b), an insurer that issues an accident and sickness insurance policy shall offer coverage for nonexperimental, surgical treatment by a health care provider of morbid obesity:

(1) that has persisted for at least five (5) years; and

(2) for which nonsurgical treatment that is supervised by a physician has been unsuccessful for at least six (6) consecutive months.

(b) An insurer that issues an accident and sickness insurance policy may not provide coverage for a surgical treatment of morbid obesity for an insured who is less than twenty-one (21) years of age unless two (2) physicians licensed under IC 25-22.5 determine that the surgery is necessary to:

(1) save the life of the insured; or

(2) restore the insured's ability to maintain a major life activity (as defined in IC 4-23-29-6);

and each physician documents in the insured's medical record the reason for the physician's determination.

As added by P.L.78-2000, SEC.2. Amended by P.L.196-2005, SEC.5; P.L.102-2006, SEC.4.
Ind. Code § 27-8-8-2 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-2
Definitions
Status: in_force

Sec. 2. (a) The definitions in this section apply throughout this chapter.

(b) "Account" means one (1) of the two (2) accounts created under section 3 of this chapter.

(c) "Annuity contract", except as provided in section 2.3(e) of this chapter, includes:

(1) a guaranteed investment contract;

(2) a deposit administration contract;

(3) a structured settlement annuity;

(4) an annuity issued to or in connection with a government lottery; and

(5) an immediate or a deferred annuity contract.

(d) "Assessment base year" means, for an impaired insurer or insolvent insurer, the most recent calendar year for which required premium information is available preceding the calendar year during which the impaired insurer's or insolvent insurer's coverage date occurs.

(e) "Association", except when the context otherwise requires, means the Indiana life and health insurance guaranty association created by section 3 of this chapter.

(f) "Benefit plan" means a specific plan, fund, or program that is established or maintained by an employer or an employee organization, or both, that:

(1) provides retirement income to employees; or

(2) results in a deferral of income by employees for a period extending to or beyond the termination of employment.

(g) "Board" refers to the board of directors of the association selected under IC 27-8-8-4.

(h) "Called", when used in the context of assessments, means that notice has been issued by the association to member insurers requiring the member insurers to pay, within a time frame set forth in the notice, an assessment that has been authorized by the board.

(i) "Commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2.

(j) "Contractual obligation" means an enforceable obligation under a covered policy for which and to the extent that coverage is provided under section 2.3 of this chapter.

(k) "Coverage date" means, with respect to a member insurer, the date on which the earlier of the following occurs:

(1) The member insurer becomes an insolvent insurer.

(2) The association determines that the association will provide coverage under section 5(a) of this chapter with respect to the member insurer.

(l) "Covered policy" means a:

(1) nongroup policy or contract;

(2) certificate under a group policy or contract; or

(3) part of a policy, contract, or certificate described in subdivisions (1) and (2);

for which coverage is provided under section 2.3 of this chapter.

(m) "Extracontractual claims" includes claims that relate to bad faith in the payment of claims, punitive or exemplary damages, or attorney's fees and costs.

(n) "Funding agreement" has the meaning set forth in IC 27-1-12.7-1.

(o) "Health benefit plan" means a hospital or medical expense policy or certificate, a health maintenance organization subscriber contract or certificate, or another similar health contract. The term does not include the following:

(1) Accident only, credit, dental only, vision only, Medicare supplement, or disability income insurance.

(2) Coverage for:

(A) long term care;

(B) home health care;

(C) community based care; or

(D) a combination of coverage specified in clauses (A) through (C).

(3) Coverage for onsite medical clinics.

(4) Specified disease, hospital confinement indemnity, or limited benefit health insurance if the types of coverage do not provide coordination of benefits and are provided under separate policies, contracts, or certificates.

(p) "Health care provider" means a health care provider that renders health care services covered under a health insurance policy or contract for which coverage is provided under section 2.3 of this chapter.

(q) "Impaired insurer" means a member insurer that is:

(1) not an insolvent insurer; and

(2) placed under an order of rehabilitation or conservation by a court with jurisdiction.

(r) "Insolvent insurer" means a member insurer that is placed under an order of liquidation with a finding of insolvency by a court with jurisdiction.

(s) "Member insurer" means any person that holds a certificate of authority to transact in Indiana any kind of insurance or health maintenance organization business for which coverage is provided under section 2.3 of this chapter. The term includes an insurer whose certificate of authority to transact such insurance in Indiana may have been suspended, revoked, not renewed, or voluntarily withdrawn but does not include the following:

(1) A for-profit or nonprofit hospital or medical service organization.

(2) A fraternal benefit society under IC 27-11.

(3) The Indiana Comprehensive Health Insurance Association or any other mandatory state pooling plan or arrangement.

(4) An assessment company or another person that operates on an assessment plan (as defined in IC 27-1-2-3(y)).

(5) An interinsurance or reciprocal exchange authorized by IC 27-6-6.

(6) A farm mutual insurance company under IC 27-5.1.

(7) A person operating as a Lloyds under IC 27-7-1.

(8) The political subdivision risk management fund established by IC 27-1-29-10 and the political subdivision catastrophic liability fund established by IC 27-1-29.1-7.

(9) A person similar to any person described in subdivisions (1) through (8).

(t) "Moody's Corporate Bond Yield Average" means:

(1) the monthly average of the composite yield on seasoned corporate bonds as published by Moody's Investors Service, Inc.; or

(2) if the monthly average described in subdivision (1) is no longer published, an alternative publication of interest rates or yields determined appropriate by the association.

(u) "Multiple employer welfare arrangement" has the meaning set forth in IC 27-1-34-1.

(v) "Owner" means the person:

(1) identified as the legal owner of a policy or contract according to the terms of the policy or contract; or

(2) otherwise vested with legal title to a policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the insurer.

The term does not include a person with a mere beneficial interest in a policy or contract.

(w) "Person" means an individual, a corporation, a limited liability company, a partnership, an association, a governmental entity, a voluntary organization, a trust, a trustee, or another business entity or organization.

(x) "Plan sponsor" refers to only one (1) of the following with respect to a benefit plan:

(1) The employer, in the case of a benefit plan established or maintained by a single employer.

(2) The holding company or controlling affiliate, in the case of a benefit plan established or maintained by affiliated companies comprising a consolidated corporation.

(3) The employee organization, in the case of a benefit plan established or maintained by an employee organization.

(4) In a case of a benefit plan established or maintained:

(A) by two (2) or more employers;

(B) by two (2) or more employee organizations; or

(C) jointly by one (1) or more employers and one (1) or more employee organizations;

and that is not of a type described in subdivision (2), the association, committee, joint board of trustees, or other similar group of representatives of the parties that establish or maintain the benefit plan.

(y) "Premiums" means amounts, deposits, and considerations received on covered policies, less returned premiums, returned deposits, returned considerations, dividends, and experience credits. The term does not include the following:

(1) Amounts, deposits, and considerations received for policies or contracts or parts of policies or contracts for which coverage is not provided under section 2.3(d) of this chapter, as qualified by section 2.3(e) of this chapter, except that an assessable premium must not be reduced on account of the limitations set forth in section 2.3(e)(3), 2.3(e)(15), or 2.3(f)(2) of this chapter.

(2) Premiums in excess of five million dollars ($5,000,000) on an unallocated annuity contract not issued or not connected with a governmental benefit plan established under Section 401, 403(b), or 457 of the United States Internal Revenue Code.

(z) "Principal place of business" refers to the single state in which individuals who establish policy for the direction, control, and coordination of the operations of an entity as a whole primarily exercise the direction, control, and coordination, as determined by the association in the association's reasonable judgment by considering the following factors:

(1) The state in which the primary executive and administrative headquarters of the entity is located.

(2) The state in which the principal office of the chief executive officer of the entity is located.

(3) The state in which the board of directors or similar governing person of the entity conducts the majority of the board of directors' or governing person's meetings.

(4) The state in which the executive or management committee of the board of directors or similar governing person of the entity conducts the majority of the committee's meetings.

(5) The state from which the management of the overall operations of the entity is directed.

However, in the case of a plan sponsor, if more than fifty percent (50%) of the participants in the plan sponsor's benefit plan are employed in a single state, that state is considered to be the principal place of business of the plan sponsor. The principal place of business of a plan sponsor of a benefit plan described in subsection (x)(4), if more than fifty percent (50%) of the participants in the plan sponsor's benefit plan are not employed in a single state, is considered to be the principal place of business of the association, committee, joint board of trustees, or other similar group of representatives of the parties that establish or maintain the benefit plan and, in the absence of a specific or clear designation of a principal place of business, is considered to be the principal place of business of the employer or employee organization that has the largest investment in the benefit plan in question on the coverage date.

(aa) "Receivership court" refers to the court in an insolvent insurer's or impaired insurer's state that has jurisdiction over the conservation, rehabilitation, or liquidation of the insolvent insurer or impaired insurer.

(bb) "Resident" means the following:

(1) An individual who resides in Indiana on the applicable coverage date.

(2) A person that is not an individual and has the person's principal place of business in Indiana on the applicable coverage date.

(cc) "State" includes a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate.

(dd) "Structured settlement annuity" means an annuity purchased to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant.

(ee) "Supplemental contract" means a written agreement entered into for the distribution of proceeds under a life, health, or annuity policy or contract.

(ff) "Unallocated annuity contract" means an annuity contract or group annuity certificate:

(1) the owner of which is not a natural person; and

(2) that does not identify at least one (1) specific natural person as an annuitant;

except to the extent of any annuity benefits guaranteed to a natural person by an insurer under the contract or certificate. For purposes of this chapter, an unallocated annuity contract shall not be considered a group policy or group contract.

As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.8-1993, SEC.431; P.L.251-1995, SEC.20; P.L.129-2003, SEC.13; P.L.193-2006, SEC.9; P.L.276-2013, SEC.31; P.L.208-2018, SEC.12; P.L.286-2019, SEC.5.
Ind. Code § 27-2-10-1 — Indiana Code / Title 27 / Article 2 / Chapter 10 / Section 27-2-10-1
Statement of equity ownership and changes in holdings
Status: in_force

Sec. 1. Every person who is directly or indirectly the beneficial owner of more than ten per cent (10%) of any class of any equity security of a domestic stock insurance company, or who is a director or an officer of such company, shall file in the office of the insurance commissioner of Indiana on or before December 31, 1965, or within ten (10) days after he becomes such beneficial owner, director, or officer, a statement, in such form as the insurance commissioner may prescribe, of the amount of all equity securities of such company of which he is the beneficial owner, and within ten (10) days after the close of each calendar month thereafter, if there has been a change in such ownership during such month, shall file in the office of the insurance commissioner a statement, in such form as the commissioner may prescribe, indicating his ownership at the close of the calendar month and such changes in his ownership as have occurred during such calendar month.

Formerly: Acts 1965, c.5, s.1.
Ind. Code § 27-1-37.5-3.7 — Indiana Code / Title 27 / Article 1 / Chapter 37.5 / Section 27-1-37.5-3.7
"Emergency health care service"
Status: in_force

Sec. 3.7. As used in this chapter, "emergency health care service" means a health care service that is provided in an emergency facility after the sudden onset of a medical condition that manifests itself by symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent layperson who possesses average knowledge of health and medicine to:

(1) place an individual's health in serious jeopardy;

(2) result in serious impairment to the individual's bodily function; or

(3) result in serious dysfunction of any bodily organ or part of the individual.

As added by P.L.144-2025, SEC.9.
Ind. Code § 27-1-42-8 — Indiana Code / Title 27 / Article 1 / Chapter 42 / Section 27-1-42-8
"Property or casualty insurance"
Status: in_force

Sec. 8. As used in this chapter, "property or casualty insurance" means one (1) or more of the kinds of insurance described in Class 2 and Class 3 of IC 27-1-5-1.

As added by P.L.70-2013, SEC.1.
Ind. Code § 27-13-6-6 — Indiana Code / Title 27 / Article 13 / Chapter 6 / Section 27-13-6-6
Patient record system
Status: in_force

Sec. 6. A health maintenance organization shall ensure the use and maintenance of an adequate patient record system that will facilitate:

(1) documentation and retrieval of clinical information to enable the health maintenance organization to evaluate continuity and coordination of patient care; and

(2) the assessment of the quality of health and medical care provided to enrollees.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-14.5-4-3 — Indiana Code / Title 27 / Article 14.5 / Chapter 4 / Section 27-14.5-4-3
Written notice of public hearing or public comment period
Status: in_force

Sec. 3. (a) If the commissioner deems that a public hearing or public comment period is necessary, the commissioner shall provide written notice of a hearing or comment period held under this chapter at least thirty (30) days before the hearing or sixty (60) days before the end of the comment period by publication in:

(1) a newspaper of general circulation in the city of Indianapolis;

(2) a newspaper of general circulation in the city in which the principal office of the applicant is located; and

(3) a newspaper of general circulation in any other city or cities that the commissioner deems appropriate.

The commissioner may provide written notice of the hearing or comment period by other means and to persons that the commissioner deems appropriate.

(b) The notice provided under this section must:

(1) refer to the applicable statutory provisions;

(2) state the:

(A) date, time, and location of the hearing; or

(B) means by which comments may be submitted; and

(3) include a brief statement of the subject of the hearing or comment period.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-1-29-7 — Indiana Code / Title 27 / Article 1 / Chapter 29 / Section 27-1-29-7
Powers of commission; limit on surcharge levied against members of fund; reports
Status: in_force

Sec. 7. (a) The commission is granted all powers necessary, convenient, or appropriate to carry out and effectuate its public and corporate purposes under this chapter and IC 27-1-29.1 including, but not limited to, and except as otherwise restricted in this chapter or IC 27-1-29.1:

(1) The power to have perpetual existence as a body corporate and politic, and an independent instrumentality, but not a state agency, exercising essential public functions.

(2) The power to sue and be sued.

(3) The power to adopt and alter an official seal.

(4) The power to make and enforce bylaws and rules for the conduct of its business, which bylaws and rules may be adopted by the commission without complying with IC 4-22-2.

(5) The power to make contracts and incur liabilities, borrow money, issue its negotiable bonds or notes in accordance with this chapter, subject to provisions for registration of negotiable bonds and notes, and provide for and secure their payment and provide for the rights of their holders, and purchase and hold and dispose of any of its bonds or notes.

(6) The power to acquire, hold, use, and dispose of its income, revenues, funds, and money.

(7) The power to acquire, rent, lease, hold, use, and dispose of property for its purposes.

(8) The power to fix and revise from time to time and charge and collect fees and charges for the use of its services or facilities.

(9) The power to accept gifts or grants of property, funds, money, materials, labor, supplies, or services from the United States, any governmental unit, or any person, carry out the terms or provisions or make agreements with respect to the gifts or grants, and do all things necessary, useful, desirable, or convenient in connection with procuring, accepting, or disposing of the gifts or grants.

(10) The power to do anything authorized by this article, through its officers, agents, or employees or by contracts with a person.

(11) The power to procure insurance against any losses in connection with its property, operations, or assets in amounts and from insurers as it considers desirable.

(12) The power to cooperate with and exchange services, personnel, and information with any federal, state, or local government agency.

(b) The commission may:

(1) implement a statewide program of loss control and risk management to minimize the liabilities of members of the fund;

(2) contract with any persons or entities to obtain or provide the services of risk managers, actuaries, loss control specialists, attorneys, and other professionals in carrying out its powers and duties under this chapter and to pay for those services from the fund;

(3) exercise control over the defense of members of the fund against tort claims, including the selection and retention of legal counsel, the direction of counsel in the conduct of cases, and the negotiation and acceptance or rejection of any settlement;

(4) establish procedures by which political subdivisions can gain or regain membership and relinquish membership in the fund;

(5) establish procedures and criteria for the imposition of assessments to be paid by members of the fund, and the payment of members' liabilities;

(6) establish programs for the payment of money from the fund to compensate members for damage to or loss of real or personal property;

(7) establish programs for the payment of:

(A) liabilities covered under IC 34-13-3 (or IC 34-4-16.5 before its repeal); and

(B) liabilities that are not covered under IC 34-13-3 (or IC 34-4-16.5 before its repeal), including, but not limited to, liability due to alleged violations of the Constitution of the United States or federal civil rights statutes by law enforcement officers;

(8) establish programs by which members can protect their elected officers and employees against liability arising from their alleged errors or omissions;

(9) establish procedures by which a member of the fund can settle small claims that are within the deductible provision of coverage under the fund;

(10) capitalize the fund by levying against each member of the fund an annual surcharge over and above the assessment imposed against the member under section 12 of this chapter; and

(11) establish any other programs or procedures the commission considers necessary for the implementation of this chapter.

The amount of the surcharge levied against a member of the fund for a particular year under subdivision (10) may not exceed twenty-five percent (25%) of the member's assessment for the same year.

(c) The commission shall file a report in an electronic format under IC 5-14-6 with the general assembly each year concerning the operations of the commission and the condition of the fund.

As added by P.L.162-1986, SEC.1. Amended by P.L.272-1987, SEC.2; P.L.1-1998, SEC.143; P.L.28-2004, SEC.166.
Ind. Code § 27-4-5-1 — Indiana Code / Title 27 / Article 4 / Chapter 5 / Section 27-4-5-1
Purpose; legislative declaration
Status: in_force

Sec. 1. The purpose of this chapter is to subject certain insurers to the jurisdiction of the insurance commissioner and the courts of this state in suits by or on behalf of the state. The general assembly declares that it is concerned with the protection of residents of this state against acts by insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting authorized insurers which are subject to regulation from unfair competition by unauthorized insurers, and by protecting against the evasion of the insurance regulatory laws of this state. In furtherance of such state interest, the general assembly provides methods in this chapter for substituted service of process upon such insurers in any proceeding, suit, or action in any court and substituted service of any notice, order, pleading, or process upon such insurers in any proceeding by the commissioner of insurance to enforce or effect full compliance with this title. In so doing, the state exercises its powers to protect residents of this state and to define what constitutes transacting an insurance business in this state, and also exercises powers and privileges available to this state by virtue of 15 U.S.C. 1011 through 1015, which declares that the business of insurance and every person engaged in the business of insurance shall be subject to the laws of the several states.

Formerly: Acts 1969, c.194, s.1. As amended by P.L.252-1985, SEC.165; P.L.124-2018, SEC.65; P.L.136-2018, SEC.175.
Ind. Code § 27-8-5.6-1 — Indiana Code / Title 27 / Article 8 / Chapter 5.6 / Section 27-8-5.6-1
"Accident and sickness insurance"
Status: in_force

Sec. 1. (a) As used in this chapter, the term "accident and sickness insurance" means any policy or contract covering one (1) or more of the kinds of insurance described in classes 1(b) or 2(a) of IC 27-1-5-1, as governed by IC 27-8-5.

(b) The term does not include the following:

(1) Accident only, credit, dental, vision, Medicare supplement, long term care, or disability income insurance.

(2) Coverage issued as a supplement to liability insurance.

(3) Worker's compensation or similar insurance.

(4) Automobile medical payment insurance.

(5) A specified disease policy.

(6) A short term insurance plan that:

(A) may be renewed for the greater of:

(i) thirty-six (36) months; or

(ii) the maximum period permitted under federal law;

(B) has a term of not more than three hundred sixty-four (364) days; and

(C) has an annual limit of at least two million dollars ($2,000,000).

(7) A policy that provides indemnity benefits not based on any expense incurred requirement, including a plan that provides coverage for:

(A) hospital confinement, critical illness, or intensive care; or

(B) gaps for deductibles or copayments.

(8) A supplemental plan that always pays in addition to other coverage.

(9) A student health plan.

(10) An employer sponsored health benefit plan that is:

(A) provided to individuals who are eligible for Medicare; and

(B) not marketed as, or held out to be, a Medicare supplement policy.

Formerly: Acts 1975, P.L.282, SEC.1. As amended by P.L.173-2007, SEC.28; P.L.86-2018, SEC.207; P.L.288-2019, SEC.5.
Ind. Code § 27-1-48.5-10 — Indiana Code / Title 27 / Article 1 / Chapter 48.5 / Section 27-1-48.5-10
Adoption of rules
Status: in_force

Sec. 10. The department shall adopt rules under IC 4-22-2 to effectuate the provisions of this chapter.

As added by P.L.237-2025, SEC.9.
Ind. Code § 27-7-17.5-2 — Indiana Code / Title 27 / Article 7 / Chapter 17.5 / Section 27-7-17.5-2
"Covered service"
Status: in_force

Sec. 2. As used in this chapter, "covered service" means a dental service for which a reimbursement:

(1) is available under a dental plan; or

(2) would be available under a dental plan but for the application of contractual limitations such as:

(A) deductibles;

(B) copayments;

(C) coinsurance;

(D) waiting periods;

(E) annual or lifetime maximums;

(F) frequency limitations;

(G) alternative benefit payments; or

(H) any other limitation;

under the dental plan.

As added by P.L.42-2022, SEC.1.
Ind. Code § 27-1-20-36 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-36
Health insurer withdrawal from individual market
Status: in_force

Sec. 36. (a) As used in this section, "health insurance" means the kind of coverage provided under a health insurance plan.

(b) As used in this section, "health insurance plan" means any of the following:

(1) An individual policy of accident and sickness insurance (as defined in IC 27-8-5-1). However, the term does not include the coverages described in IC 27-8-5-2.5(a).

(2) An individual contract (as defined in IC 27-13-1-21).

(c) As used in this section, "insurer" is limited to a person that enters into, issues, or delivers a health insurance plan on an individual basis in Indiana.

(d) An insurer shall, at least one hundred eighty (180) days before withdrawing from the individual health insurance market in Indiana, provide to the department written notice of the insurer's intent to withdraw.

As added by P.L.81-2012, SEC.9.
Ind. Code § 27-7-2-32 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-32
Considerations in designating insurer to assume rejected risk; review of reasons
Status: in_force

Sec. 32. In designating the bureau member to insure a rejected risk, the bureau shall have due regard for the service facilities and compensation premium volume in Indiana of the member so designated as the carrying company. Any grievance on the part of such bureau member with the respect of such designation shall be brought to the attention of the bureau for review and such action as the circumstances may justify.

Formerly: Acts 1935, c.323, s.32.
Ind. Code § 27-2-7-1 — Indiana Code / Title 27 / Article 2 / Chapter 7 / Section 27-2-7-1
Power of compliance; payment of fees and taxes
Status: in_force

Sec. 1. Every domestic insurer shall have power to comply with any statute, ordinance or other law of any state, territory or political subdivision thereof (including the District of Columbia) imposing any license, excise, privilege, premium, occupation or other fee or tax and to pay such fee or tax unless prior to such payment such statute, ordinance or other law shall have been expressly held invalid by the state court having final appellate jurisdiction in the premises, or by the Supreme Court of the United States.

Formerly: Acts 1945, c.123, s.1.
Ind. Code § 27-1-36-19 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-19
"RBC plan"
Status: in_force

Sec. 19. As used in this chapter, "RBC plan" means a comprehensive financial plan containing the elements specified in section 30 of this chapter.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-1-9-13 — Indiana Code / Title 27 / Article 1 / Chapter 9 / Section 27-1-9-13
Transfer of deposit covering policies assumed by foreign corporation to foreign state
Status: reserved

Sec. 13. If the state in which a foreign, new, surviving or accepting company, is incorporated or organized, shall require the maintenance with any official of such state of a deposit of the legal reserve on the policies so assumed and such foreign company shall maintain such deposit, then the commissioner is authorized to deliver to the proper custodian of such funds in the state in which the said foreign company is incorporated or organized, such deposits as he may hold pertaining to the policies so assumed by the new, surviving or accepting company. If a surviving, new or accepting domestic company assumes all or a substantial number of the risks of a foreign company incorporated in a state which requires the maintenance with a state official of a deposit of the legal reserve on policies so assumed, then the commissioner is hereby authorized to receive from such official such deposits as he may hold pertaining to the policies so assumed. Such surviving, new or accepting company shall, within sixty (60) days after the transfer of such deposit, notify the holder of every policy secured by such transferred deposit that the transfer has been made; and the president and secretary of such company shall, within thirty (30) days thereafter, file with the commissioner an affidavit of the fact that due notification to policyholders, as provided for herein, has been given. The amount of deposit to be maintained from time to time for each policy on which liability is assumed shall be at least equal to the amount which would be required in the state where such deposit has theretofore been maintained.

Formerly: Acts 1935, c.162, s.128.
Ind. Code § 27-1-50-0.5 — Indiana Code / Title 27 / Article 1 / Chapter 50 / Section 27-1-50-0.5
Application of chapter
Status: in_force

Sec. 0.5. This chapter applies to a policy of health insurance coverage that is issued, delivered, amended, or renewed after December 31, 2024.

As added by P.L.166-2023, SEC.3.
Ind. Code § 27-8-26-7 — Indiana Code / Title 27 / Article 8 / Chapter 26 / Section 27-8-26-7
Refusal of health care services coverage based on genetic screening or testing results prohibited
Status: in_force

Sec. 7. An insurer may not cancel, refuse to issue, refuse to renew, or refuse to enter into a contract for health care services coverage based on the results of genetic screening or testing.

As added by P.L.150-1997, SEC.4.
Ind. Code § 27-1-2.3-2 — Indiana Code / Title 27 / Article 1 / Chapter 2.3 / Section 27-1-2.3-2
"Ambulance service provider"
Status: in_force

Sec. 2. As used in this chapter, "ambulance service provider" means a person that:

(1) provides ambulance service; and

(2) holds a valid certificate issued by the commission under IC 16-31-3 authorizing the person to provide ambulance service.

As added by P.L.170-2022, SEC.36.
Ind. Code § 27-13-20-1.5 — Indiana Code / Title 27 / Article 13 / Chapter 20 / Section 27-13-20-1.5
Required considerations for approval of rates
Status: in_force

Sec. 1.5. (a) Before approving or disapproving an increase or decrease in the rates to be used by a health maintenance organization, the commissioner shall review the following:

(1) The products affected, by line of business.

(2) The number of covered lives affected.

(3) Whether the product is open or closed to new members in the product block.

(4) Applicable median cost sharing for the product, as allowed by state or federal law.

(5) The benefits provided and the underlying costs of the health services rendered.

(6) The implementation date of the increase or decrease.

(7) The overall percent premium rate increase or decrease that is requested.

(8) The actual percent premium rate increase or decrease to be approved.

(9) Incurred claims paid each year for the past three (3) years, if applicable.

(10) Earned premiums for each of the past three (3) years, if applicable.

(11) Projected medical cost trends in the geographic service region, if the product for which a rate increase or decrease is requested is not a product offered statewide.

(12) If applicable, historical rebates paid to the enrollee from the most recent health plan year under the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152).

(13) The median cost sharing amount for a member enrolled in the product, or the actuarial value information as required under the Patient Protection and Affordable Care Act, if applicable.

(b) The commissioner shall not approve a rate increase or decrease for an existing product unless the commissioner has, at a minimum, considered the matters set forth in subsection (a)(1) through (a)(13).

(c) The information compiled, prepared, and considered by the commissioner under subsection (a)(1) through (a)(13) is subject to the requirements of IC 5-14-3. However, the commissioner's approval of a rate increase or decrease may take effect before the information compiled, prepared, and considered by the commissioner under subsection (a)(1) through (a)(13) is made accessible to the public under IC 5-14-3.

(d) When considering whether to approve a premium rate increase, the commissioner shall consider whether the current rate is appropriate for achieving the target loss ratio of the health maintenance organization.

(e) To the extent authorized by the Patient Protection and Affordable Care Act and other federal law, the commissioner, under this section, may:

(1) consider network adequacy;

(2) conduct form review to ensure:

(A) minimum essential health benefits; and

(B) nondiscriminatory benefit design;

(3) perform accreditation confirmation; and

(4) confirm quality measures.

As added by P.L.190-2023, SEC.34.
Ind. Code § 27-16-7-2 — Indiana Code / Title 27 / Article 16 / Chapter 7 / Section 27-16-7-2
Professional employer agreement contents
Status: in_force

Sec. 2. (a) Except as provided in this article, the co-employment relationship between a client and a PEO, and between a co-employer and a covered employee, is governed by the professional employer agreement.

(b) A professional employer agreement must specify the following:

(1) The allocation of rights, duties, and responsibilities described in section 1 of this chapter.

(2) Except as provided in subsection (c), that the PEO is responsible for:

(A) payment of wages to covered employees;

(B) withholding, collection, reporting, and remittance of payroll related and unemployment taxes; and

(C) to the extent the PEO has assumed responsibility in the professional employer agreement, making payments for employee benefits for covered employees.

(3) The allocation, to either the client or the PEO, of the responsibility to obtain worker's compensation coverage for covered employees from a worker's compensation insurer that is authorized under this title to conduct the business of insurance in Indiana.

(4) If the professional employer agreement allocates the responsibility under subdivision (3) to the PEO, a requirement that the PEO maintain and provide to the client, at the client's request at the termination of the professional employer agreement, records regarding loss experience related to the worker's compensation insurance coverage.

(c) A PEO is not responsible for an obligation between a client and a covered employee for payments in addition to the covered employee's salary, draw, or regular rate of pay, including bonuses, commissions, severance pay, deferred compensation, profit sharing, or vacation, sick, or other paid time off, unless the PEO has expressly agreed to assume liability for the payments in the professional employer agreement.

As added by P.L.245-2005, SEC.7.
Ind. Code § 27-8-1-2 — Indiana Code / Title 27 / Article 8 / Chapter 1 / Section 27-8-1-2
Corporate status and powers
Status: in_force

Sec. 2. A corporation, association, or society organized under the provisions of this chapter shall be a body corporate and politic by the name stated in certificate of organization, and by that name, they and their successors:

(1) may have succession, and shall be persons in law capable of suing and being sued;

(2) may have power to make and enforce contracts in relation to the legitimate business of their corporation, association or society;

(3) may have and use a common seal, and may change or alter the same at pleasure, and they or their successors in their corporate name shall in law be capable of taking, purchasing, holding, and disposing of real and personal estate for purposes of their association or society; and

(4) may make bylaws not inconsistent with the constitution and law of this state or the United States, in which bylaws shall be defined the manner and form of electing directors and officers of the corporation, association, or society, and the qualifications and duties of the same, and also the qualifications and privileges of members thereof.

Formerly: Acts 1883, c.136, s.2. As amended by P.L.252-1985, SEC.269.
Ind. Code § 27-7-5-6 — Indiana Code / Title 27 / Article 7 / Chapter 5 / Section 27-7-5-6
Subrogation
Status: in_force

Sec. 6. (a) The policy or endorsement affording the coverage specified in this chapter may also provide that payment to any person of sums as damages under such coverage shall operate to subrogate the insurer to any cause of action in tort which such person may have against any other person or organization legally responsible for the bodily injury or death, or property damage, because of which such payment is made. The insurer shall be subrogated, to the extent of such payment, to the proceeds of any settlement or judgment that may later result from the exercise of any rights of recovery of such person against any person or organization legally responsible for said bodily injury or death, or property damage, for which payment is made by the insurer. Such insurer may enforce such rights in its own name or in the name of the person to whom payment has been made, as in their interest may appear, by proper action in any court of competent jurisdiction.

(b) An insurer providing underinsured motorist coverage does not have a right of subrogation against an underinsured motorist if:

(1) the insurer has been provided with a written notice that:

(A) informs the insurer of the existence of a bona fide offer of agreement or settlement between its insured and the underinsured motorist; and

(B) includes a certification of the liability coverage limits of the underinsured motorist; and

(2) the insurer fails to advance payment to the insured in an amount equal to the amount provided for in the offer of agreement or settlement within thirty (30) days after the insurer receives the notice described in subdivision (1).

However, an insurer that, under the circumstances described in subdivision (1), advances payment to the insured in an amount equal to the amount provided for in the offer of agreement or settlement, has full rights of subrogation as provided in its policy or endorsement affording the underinsured motorist coverage.

(c) When an insurer makes payment under uninsured motorist coverage or underinsured motorist coverage because of the insolvency of an insolvent insurer (as defined in IC 27-6-8), the paying insurer's rights of reimbursement and subrogation do not include any rights of recovery against:

(1) the insured of the insolvent insurer; or

(2) the Indiana Insurance Guaranty Association created by IC 27-6-8-5;

except that the paying insurer may recover from the insured of the insolvent insurer that part of its payment that exceeds the limits of liability of the policy of the insolvent insurer.

As added by Acts 1982, P.L.166, SEC.5. Amended by P.L.121-1990, SEC.7.
Ind. Code § 27-8-11-1 — Indiana Code / Title 27 / Article 8 / Chapter 11 / Section 27-8-11-1
Definitions
Status: in_force

Sec. 1. (a) The definitions in this section apply throughout this chapter.

(b) "Credentialing" means a process through which an insurer makes a determination:

(1) based on criteria established by the insurer; and

(2) concerning whether a provider is eligible to:

(A) provide health care services to an insured; and

(B) receive reimbursement for the health care services;

under an agreement entered into between the provider and the insurer under section 3 of this chapter.

(c) "Health care services":

(1) means health care related services or products rendered or sold by a provider within the scope of the provider's license or legal authorization; and

(2) includes hospital, medical, surgical, dental, vision, and pharmaceutical services or products.

(d) "Insured" means an individual entitled to reimbursement for expenses of health care services under a policy issued or administered by an insurer.

(e) "Insurer" means an insurance company authorized in this state to issue policies that provide reimbursement for expenses of health care services.

(f) "Person" means an individual, an agency, a political subdivision, a partnership, a corporation, an association, or any other entity.

(g) "Preferred provider plan" means an undertaking to enter into agreements with providers relating to terms and conditions of reimbursements for the health care services of insureds, members, or enrollees relating to the amounts to be charged to insureds, members, or enrollees for health care services.

(h) "Provider" means an individual or entity duly licensed or legally authorized to provide health care services.

As added by P.L.140-1984, SEC.1. Amended by P.L.31-1988, SEC.22; P.L.26-2005, SEC.1.
Ind. Code § 27-9-3-45 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-45
Reopening of proceedings
Status: in_force

Sec. 45. After the liquidation proceeding has been terminated and the liquidator discharged, the commissioner or other interested party may at any time petition the Marion County circuit court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satisfied that there is justification for reopening, the court shall order it.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-8-5-3 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-3
Required provisions; statutory option provisions; inapplicable or inconsistent provisions; order of provisions; third party ownership; requirements of other jurisdictions; filing procedure
Status: in_force

Sec. 3. (a) Except as provided in subsection (c), each policy delivered or issued for delivery to any person in this state shall contain the provisions specified in this subsection in the words in which the same appear in this section. However, the insurer may, at its option, substitute for one (1) or more of the provisions corresponding provisions of different wording approved by the commissioner that are in each instance no less favorable in any respect to the insured or the beneficiary. The provisions shall be preceded individually by the caption appearing in this subsection or, at the option of the insurer, by appropriate individual or group captions or subcaptions as the commissioner may approve.

(1) A provision as follows: ENTIRE CONTRACT; CHANGES: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No insurance producer has authority to change this policy or to waive any of its provisions.

(2) A provision as follows: TIME LIMIT ON CERTAIN DEFENSES: (A) After two (2) years from the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such two (2) year period.

The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance of a policy of denial of a claim during such initial two (2) year period, nor to limit the application of subsection (b), (1), (2), (3), (4), and (5) in the event of misstatement with respect to age or occupation or other insurance.

A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium:

(1) until at least age fifty (50); or

(2) in the case of a policy issued after forty-four (44) years of age, for at least five (5) years from its date of issue;

may contain in lieu of the foregoing the following provision (from which the clause in parentheses may be omitted at the insurer's option) under the caption "INCONTESTABLE": After this policy has been in force for a period of two (2) years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application.

(B) No claim for loss incurred or disability (as defined in the policy) commencing after two (2) years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition, not excluded from coverage by name or specific description effective on the date of loss, had existed prior to the effective date of coverage of this policy.

(3) A provision as follows: GRACE PERIOD: A grace period of (insert a number not less than "7" for weekly premium policies, "10" for monthly premium policies and "31" for all other policies) days will be granted for the payment of each premium falling due after the first premium, during which grace period the policy shall continue in force.

A policy in which the insurer reserves the right to refuse renewal shall have, at the beginning of the above provision: "Unless not less than thirty (30) days prior to the premium due date the insurer has delivered to the insured or has mailed to the insured's last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted.".

Each policy in which the insurer reserves the right to refuse renewal on an individual basis shall provide, in substance, in a provision of the policy, in an endorsement on the policy, or in a rider attached to the policy, that subject to the right to terminate the policy upon non-payment of premium when due, such right to refuse renewal shall not be exercised before the renewal date occurring on, or after and nearest, each anniversary, or in the case of lapse and reinstatement at the renewal date occurring on, or after and nearest, each anniversary of the last reinstatement, and that any refusal or renewal shall be without prejudice to any claim originating while the policy is in force. The preceding sentence shall not apply to accident insurance only policies.

(4) A provision as follows: REINSTATEMENT: If any renewal premium is not paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any agent authorized by the insurer to accept such premium, without requiring in connection therewith an application for reinstatement, shall reinstate the policy. Provided, that if the insurer or such agent requires an application for reinstatement and issues a conditional receipt for the premium tendered, the policy will be reinstated upon approval of such application by the insurer or, lacking such approval, upon the forty-fifth day following the date of such conditional receipt unless the insurer has previously notified the insured in writing of its disapproval of such application. The reinstated policy shall cover only loss resulting from such accidental injury as may be sustained after the date of reinstatement and loss due to such sickness as may begin more than ten (10) days after such date. In all other respects the insured and insurer shall have the same rights as they had under the policy immediately before the due date of the defaulted premium, subject to any provisions endorsed hereon or attached hereto in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than sixty (60) days prior to the date of reinstatement.

The last sentence of the above provision may be omitted from any policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums:

(1) until at least fifty (50) years of age; or

(2) in the case of a policy issued after forty-four (44) years of age, for at least five (5) years from its date of issue.

(5) A provision as follows: NOTICE OF CLAIM: Written notice of claim must be given to the insurer within twenty (20) days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at _______ (insert the location of such office as the insurer may designate for the purpose), or to any authorized agent of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer.

In a policy providing a loss-of-time benefit which may be payable for at least two (2) years, an insurer may insert the following between the first and second sentences of the above provision:

Subject to the qualifications set forth below, if the insured suffers loss of time on account of disability for which indemnity may be payable for at least two (2) years, the insured shall, at least once in every six (6) months after having given notice of claim, give to the insurer notice of continuance of said disability, except in the event of legal incapacity. The period of six (6) months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insurer's right to any indemnity which would otherwise have accrued during the period of six (6) months preceding the date on which such notice is actually given.

(6) A provision as follows: CLAIM FORMS: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen (15) days after the giving of such notice, the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character, and the extent of the loss for which claim is made.

(7) A provision as follows: PROOFS OF LOSS: Written proof of loss must be furnished to the insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within ninety (90) days after the termination of the period for which the insurer is liable and in case of claim for any other loss within ninety (90) days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity, later than one (1) year from the time proof is otherwise required.

(8) A provision as follows: TIME OF PAYMENT OF CLAIMS: Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment will be paid:

(1) immediately upon receipt of due written proof of such loss; or

(2) in accordance with IC 27-8-5.7;

whichever is more favorable to the policyholder. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid _______ (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof. This provision must reflect compliance with IC 27-8-5.7.

(9) A provision as follows: PAYMENT OF CLAIMS: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insured's death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured.

The following provisions, or either of them, may be included with the foregoing provision at the option of the insurer:

If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $ _______ (insert an amount which shall not exceed $1,000), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of such payment.

Subject to any written direction of the insured in the application or otherwise all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical, or surgical services may, at the insurer's option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but it is not required that the service be rendered by a particular hospital or person.

For the purposes of this section a "minor" is a person under the age of eighteen (18) years. A person eighteen (18) years of age or over is competent, insofar as the person's age is concerned, to sign a valid release.

(10) A provision as follows: PHYSICAL EXAMINATIONS AND AUTOPSY: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law.

(11) A provision as follows: LEGAL ACTIONS: No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three (3) years after the time written proof of loss is required to be furnished.

(12) A provision as follows: CHANGE OF BENEFICIARY: Unless the insured makes an irrevocable designation of beneficiary, the right to change of beneficiary is reserved to the insured and the consent of the beneficiary or beneficiaries shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy.

The first clause of this provision, relating to the irrevocable designation of beneficiary, may be omitted at the insurer's option.

(13) A provision as follows: GUARANTEED RENEWABILITY: In compliance with the federal Health Insurance Portability and Accountability Act of 1996 (P.L.104-191), renewability is guaranteed.

(b) Except as provided in subsection (c), no policy delivered or issued for delivery to any person in Indiana shall contain provisions respecting the matters set forth below unless the provisions are in the words in which the provisions appear in this section. However, the insurer may use, instead of any provision, a corresponding provision of different wording approved by the commissioner which is not less favorable in any respect to the insured or the beneficiary. Any substitute provision contained in the policy shall be preceded individually by the appropriate caption appearing in this subsection or, at the option of the insurer, by appropriate individual or group captions or subcaptions as the commissioner may approve.

(1) A provision as follows: CHANGE OF OCCUPATION: If the insured be injured or contract sickness after having changed the insured's occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes the insured's occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates shall be such as have been last filed by the insurer prior to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in occupation with the state official having supervision of insurance in the state where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates shall be those last made effective by the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation.

(2) A provision as follows: MISSTATEMENT OF AGE: If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.

(3) A provision as follows: OTHER INSURANCE IN THIS INSURER: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured are in force concurrently herewith, making the aggregate indemnity for _______ (insert type of coverage or coverages) in excess of $ _______ (insert maximum limit of indemnity or indemnities) the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to the insured's estate. Or, instead of that provision: Insurance effective at any one (1) time on the insured under a like policy or policies, in this insurer is limited to the one (1) such policy elected by the insured, the insured's beneficiary or the insured's estate, as the case may be, and the insurer will return all premiums paid for all other such policies.

(4) A provision as follows: INSURANCE WITH OTHER INSURER: If there is other valid coverage, not with this insurer, providing benefits for the same loss on a provision of service basis or on an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability under any expense incurred coverage of this policy shall be for such proportion of the loss as the amount which would otherwise have been payable hereunder plus the total of the like amounts under all such other valid coverages for the same loss of which this insurer had notice bears to the total like amounts under all valid coverages for such loss, and for the return of such portion of the premiums paid as shall exceed the pro-rata portion of the amount so determined. For the purpose of applying this provision when other coverage is on a provision of service basis, the "like amount" of such other coverage shall be taken as the amount which the services rendered would have cost in the absence of such coverage.

If the foregoing policy provision is included in a policy which also contains the next following policy provision there shall be added to the caption of the foregoing provision the phrase "EXPENSE INCURRED BENEFITS". The insurer may, at its option, include in this provision a definition of "other valid coverage," approved as to form by the commissioner, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, and by hospital or medical service organizations, and to any other coverage the inclusion of which may be approved by the commissioner. In the absence of such definition such term shall not include group insurance, automobile medical payments insurance, or coverage provided by hospital or medical service organizations or by union welfare plans or employer or employee benefit organizations. For the purpose of applying the foregoing policy provision with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute (including any worker's compensation or employer's liability statute) whether provided by a governmental agency or otherwise shall in all cases be deemed to be "other valid coverage" of which the insurer has had notice. In applying the foregoing policy provision no third party liability coverage shall be included as "other valid coverage".

(5) A provision as follows: INSURANCE WITH OTHER INSURERS: If there is other valid coverage, not with this insurer, providing benefits for the same loss on other than an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability for such benefits under this policy shall be for such proportion of the indemnities otherwise provided hereunder for such loss as the like indemnities of which the insurer had notice (including the indemnities under this policy) bear to the total amount of all like indemnities for such loss, and for the return of such portion of the premium paid as shall exceed the pro-rata portion for the indemnities thus determined. If the foregoing policy provision is included in a policy which also contains the next preceding policy provision, there shall be added to the caption of the foregoing provision the phrase "-OTHER BENEFITS". The insurer may, at its option, include in this provision a definition of "other valid coverage," approved as to form by the commissioner, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, and to any other coverage to the inclusion of which may be approved by the commissioner. In the absence of such definition such term shall not include group insurance or benefits provided by union welfare plans or by employer or employee benefit organizations. For the purpose of applying the foregoing policy provision with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute (including any worker's compensation or employer's liability statute) whether provided by a governmental agency or otherwise shall in all cases be deemed to be "other valid coverage" of which the insurer has had notice. In applying the foregoing policy provision no third party liability coverage shall be included as "other valid coverage".

(6) A provision as follows: RELATION OF EARNINGS TO INSURANCE: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or the insured's average monthly earnings for the period of two (2) years immediately preceding a disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such two (2) years as shall exceed the pro rata amount of the premiums for the benefits actually paid; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of two hundred dollars ($200) or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time.

The foregoing policy provision may be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums:

(1) until at least fifty (50) years of age; or

(2) in the case of a policy issued after forty-four (44) years of age, for at least five (5) years from its date of issue.

The insurer may, at its option, include in this provision a definition of "valid loss of time coverage", approved as to form by the commissioner, which definition shall be limited in subject matter to coverage provided by governmental agencies or by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, or to any other coverage the inclusion of which may be approved by the commissioner or any combination of such coverages. In the absence of such definition the term shall not include any coverage provided for the insured pursuant to any compulsory benefit statute (including any worker's compensation or employer's liability statute), or benefits provided by union welfare plans or by employer or employee benefit organizations.

(7) A provision as follows: UNPAID PREMIUM: Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom.

(8) A provision as follows: CONFORMITY WITH STATE STATUTES: Any provision of this policy which, on its effective date, is in conflict with the statutes of the state in which the insured resides on such date is hereby amended to conform to the minimum requirements of such statutes.

(9) A provision as follows: ILLEGAL OCCUPATION: The insurer shall not be liable for any loss to which a contributing cause was the insured's commission of or attempt to commit a felony or to which a contributing cause was the insured's being engaged in an illegal occupation.

(10) A provision as follows: INTOXICANTS AND NARCOTICS: The insurer shall not be liable for any loss sustained or contracted in consequence of the insured's being intoxicated or under the influence of any narcotic unless administered on the advice of a physician.

The policy provision under this subdivision may not be used with respect to a policy that provides coverage for hospital, medical, or surgical expenses.

(c) If any provision of this section is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy the insurer, with the approval of the commissioner, shall omit from such policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of the provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.

(d) The provisions which are the subject of subsections (a) and (b), or any corresponding provisions which are used in lieu thereof in accordance with such subsections, shall be printed in the consecutive order of the provisions in such subsections or, at the option of the insurer, any such provision may appear as a unit in any part of the policy, with other provisions to which it may be logically related, provided the resulting policy shall not be in whole or in part unintelligible, uncertain, ambiguous, abstruse, or likely to mislead a person to whom the policy is offered, delivered, or issued.

(e) "Insured", as used in this chapter, shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits, and rights provided therein.

(f)(1) Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than is provided in this chapter and which is prescribed or required by the law of the state under which the insurer is organized.

(f)(2) Any policy of a domestic insurer may, when issued for delivery in any other state or country, contain any provision permitted or required by the laws of such other state or country.

(g) The commissioner may make reasonable rules under IC 4-22-2 concerning the procedure for the filing or submission of policies subject to this chapter as are necessary, proper, or advisable to the administration of this chapter. This provision shall not abridge any other authority granted the commissioner by law.

Formerly: Acts 1953, c.15, s.169.3; Acts 1971, P.L.392, SEC.1; Acts 1973, P.L.275, SEC.4; Acts 1974, P.L.1, SEC.13. As amended by P.L.28-1988, SEC.104; P.L.93-1995, SEC.8; P.L.91-1998, SEC.10; P.L.162-2001, SEC.2; P.L.178-2003, SEC.60; P.L.98-2007, SEC.1.
Ind. Code § 27-8-8-2.3 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-2.3
Coverage provided; exclusions; limitations
Status: in_force

Sec. 2.3. (a) Except as otherwise excluded or limited by this chapter, this chapter provides coverage for policies and contracts specified in subsection (d) as follows:

(1) To a person, other than a certificate holder or enrollee under a group policy or a group contract, that, regardless of where the person resides, is the health care provider, beneficiary, nonowner assignee, or payee of a person covered under subdivision (2).

(2) To a person that is a certificate holder under a group policy or group contract, and to a person that is the owner of a nongroup policy or nongroup contract that is not an unallocated annuity contract or a structured settlement annuity, and that:

(A) is a resident; or

(B) is not a resident if all the following conditions are satisfied:

(i) The member insurer that issued the policy or contract is domiciled in Indiana.

(ii) The state in which the person resides has an association similar to the association.

(iii) The nonresident is not eligible for coverage by the other association referred to in item (ii) solely because the member insurer was not licensed in the state of residence at the time specified in the guaranty association law of the state of residence.

(3) For an unallocated annuity contract, subdivisions (1) and (2) do not apply, and this chapter provides coverage to the following:

(A) A person that is the owner of the unallocated annuity contract, if the contract was issued to or in connection with a benefit plan whose plan sponsor is a resident or, if the plan sponsor is not a resident, if all the following conditions are satisfied:

(i) The member insurer that issued the unallocated annuity contract is domiciled in Indiana.

(ii) The state in which the plan sponsor resides has an association similar to the association.

(iii) The other association referred to in item (ii) does not provide coverage of the unallocated annuity contract solely because the member insurer was not licensed in the state of residence at the time specified in the guaranty association law of the state of residence.

(B) A person that is the owner of an unallocated annuity contract issued to or in connection with a government lottery, if the owner is a resident or, if the owner is not a resident, if all the following conditions are satisfied:

(i) The member insurer that issued the unallocated annuity contract is domiciled in Indiana.

(ii) The state in which the owner resides has an association similar to the association.

(iii) The other association referred to in item (ii) does not provide coverage of the unallocated annuity contract solely because the member insurer was not licensed in the state of residence at the time specified in the guaranty association law of the state of residence.

(4) For a structured settlement annuity, subdivisions (1) and (2) do not apply, and this chapter provides coverage to a person that is a payee under the structured settlement annuity (or beneficiary of a payee if the payee is deceased), if the payee:

(A) is a resident, regardless of where the contract owner resides; or

(B) is not a resident if all the following conditions are satisfied:

(i) The member insurer that issued the structured settlement annuity is domiciled in Indiana.

(ii) The state in which the payee resides has an association similar to the association.

(iii) Neither the payee nor the beneficiary of the payee (if the payee is deceased) is eligible for coverage by the other association referred to in item (ii) solely because the member insurer was not licensed in the state of residence at the time specified in the guaranty association law of the state of residence.

(b) This chapter does not provide coverage to a person that is:

(1) a payee or beneficiary of a contract owner that is a resident, if the payee or beneficiary is afforded any coverage by the association of another state; or

(2) otherwise covered under subsection (a)(3), if any coverage is provided to the person by the association of another state.

(c) To avoid duplicate coverage, if a person that would otherwise receive coverage under this chapter is provided coverage under the laws of another state, the person is not eligible for coverage under this chapter. In determining the application of this subsection when a person may be covered by the association of more than one (1) state as an owner, a payee, a beneficiary, or an assignee, this chapter must be construed in conjunction with the laws of the other state to result in coverage by only one (1) association.

(d) Except as otherwise excluded or limited by this chapter, this chapter provides coverage to the persons specified in subsection (a) for:

(1) direct nongroup life insurance and health insurance policies or contracts, including health maintenance organization subscriber contracts and certificates;

(2) direct nongroup annuity contracts;

(3) supplemental contracts to direct nongroup policies and contracts described in subdivisions (1) and (2);

(4) certificates under direct group life insurance and health insurance policies and contracts;

(5) certificates under direct group annuity contracts; and

(6) unallocated annuity contracts;

issued by member insurers.

(e) This chapter does not provide coverage for or with respect to the following:

(1) A part of a certificate, policy, or contract:

(A) not guaranteed by the member insurer; or

(B) under which the risk is borne by the payee, certificate holder, or the policy or contract owner.

(2) A reinsurance policy or contract, unless and to the extent that assumption certificates have been issued under the reinsurance policy or contract.

(3) A part of a certificate, policy, or contract to the extent that the certificate's, policy's, or contract's interest rate, crediting rate, or similar factor employed in calculating returns or changes in values, whether expressly stated in the certificate, policy, or contract or determined by use of an index or other external referent stated in the certificate, policy, or contract, either:

(A) when averaged over a period of four (4) years immediately before the applicable coverage date, exceeds the rate of interest determined by subtracting two (2) percentage points from Moody's Corporate Bond Yield Average averaged for the same four (4) year period or for a lesser period if the certificate, policy, or contract was issued less than four (4) years before the applicable coverage date; or

(B) in effect under the certificate, policy, or contract on and after the applicable coverage date, exceeds the rate of interest determined by subtracting three (3) percentage points from Moody's Corporate Bond Yield Average as most recently available on the applicable coverage date.

However, this subdivision does not apply to a part of a certificate, policy, or contract (including a rider) that provides long term care or another health insurance benefit.

(4) The obligations of a plan or program of an employer, an association, or another person to provide life, health, or annuity benefits to the employer's, association's, or other person's employees, members, or others, including obligations arising under and benefits payable by the employer, association, or other person under a multiple employer welfare arrangement.

(5) A minimum premium group insurance plan.

(6) A stop-loss or excess loss insurance policy or contract providing for the indemnification of or payment to a policy owner, a contract owner, a plan, or another person obligated to pay life, health, or annuity benefits or to provide services in connection with a benefit plan or another plan, fund, or program for the provision of employee welfare or pension benefits.

(7) An administrative services only contract.

(8) A part of a certificate, policy, or contract to the extent that the certificate, policy, or contract provides for:

(A) dividends or experience rating credits;

(B) voting rights; or

(C) payment of fees or allowances to a person, including the certificate holder or policy or contract owner, in connection with service with respect to or administration of the certificate, policy, or contract.

(9) A certificate, policy, or contract issued in Indiana by a member insurer when the member insurer did not have a certificate of authority to issue the certificate, policy, or contract in Indiana.

(10) An unallocated annuity contract issued to or in connection with a benefit plan protected by the federal Pension Benefit Guaranty Corporation, regardless of whether the federal Pension Benefit Guaranty Corporation has yet been required to make payments with respect to the benefit plan.

(11) An unallocated annuity contract or part of an unallocated annuity contract that is not issued to or in connection with a benefit plan or a government lottery.

(12) A certificate, policy, or contract or part of a certificate, policy, or contract with respect to which the Class B assessments contemplated by section 6 of this chapter may not be made or collected under federal or state law.

(13) An obligation or claim that does not arise under the express written terms of the policy or contract issued by the member insurer to the contract owner or policy owner, including any of the following obligations and claims:

(A) Obligations and claims based on marketing materials.

(B) Obligations and claims based on side letters, riders, or other documents issued by the member insurer without meeting applicable policy or contract form filing or approval requirements.

(C) Obligations and claims based on actual or alleged misrepresentations.

(D) Obligations and claims that are extracontractual claims.

(E) Obligations and claims for penalties or consequential, incidental, punitive, or exemplary damages.

(14) An obligation to provide a book value accounting guaranty for defined contribution benefit plan participants by reference to a portfolio of assets that is owned by the:

(A) benefit plan; or

(B) benefit plan's trustee;

that is not an affiliate of the member insurer.

(15) A part of a certificate, policy, or contract to the extent the:

(A) certificate, policy, or contract provides for the certificate's, policy's, or contract's interest rate, crediting rate, or similar factor employed in calculating returns or changes in values, to be determined by use of an index or other external referent stated in the certificate, policy, or contract; and

(B) returns or changes in value have not been credited to the certificate, policy, or contract, or as to which the certificate holder's or policy or contract owner's rights are subject to forfeiture, as of the applicable coverage date.

If a certificate's, policy's, or contract's returns or changes in values are credited to the certificate, policy, or contract less frequently than annually, for purposes of determining the returns and values that have been credited and are not subject to forfeiture under this subdivision, the returns and changes in value determined by using the procedures defined in the certificate, policy, or contract must be considered credited as if the contractual date of crediting returns or changes in values were the applicable coverage date, and those credited returns or changes in value are not subject to forfeiture under this subdivision, but will be subject to any other applicable limitations under this chapter.

(16) A funding agreement.

(17) An annuity not subject to regulation as described in IC 27-1-12.4.

(18) A certificate, policy, or contract that provides a hospital, medical, prescription drug, or other health care benefit under:

(A) Part C of Title XVIII of the federal Social Security Act (42 U.S.C. 1395w-21 through 1395w-28);

(B) Part D of Title XVIII of the federal Social Security Act (42 U.S.C. 1395w-101 through 1395w-153);

(C) Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.); or

(D) regulations adopted under a law specified in clause (A), (B), or (C).

(f) The benefits that the association is obligated to cover do not exceed the lesser of the following:

(1) The contractual obligations for which the member insurer is liable or would have been liable if the member insurer were not an impaired insurer or insolvent insurer.

(2) The applicable limitations as follows:

(A) With respect to certificates, policies, and contracts not subject to clause (B), (C), (E), or (F), with respect to one (1) life, regardless of the number of policies or contracts, the following limitations:

(i) Three hundred thousand dollars ($300,000) in life insurance death benefits, but not more than one hundred thousand dollars ($100,000) in net cash surrender and net cash withdrawal values.

(ii) One hundred thousand dollars ($100,000) in health insurance benefits (other than those relating to disability income insurance, health benefit plans, and long term care insurance), including net cash surrender and net cash withdrawal values.

(iii) Three hundred thousand dollars ($300,000) in disability income insurance.

(iv) Three hundred thousand dollars ($300,000) in long term care insurance benefits (as defined in IC 27-8-12-5).

(v) Five hundred thousand dollars ($500,000) in health benefit plan benefits.

(vi) Two hundred fifty thousand dollars ($250,000) in the present value of annuity benefits, including net cash surrender and net cash withdrawal values.

(B) With respect to unallocated annuity contracts issued to or in connection with a governmental benefit plan established under Section 401, 403(b), or 457 of the United States Internal Revenue Code, two hundred fifty thousand dollars ($250,000) in the present value of annuity benefits, including net cash surrender and net cash withdrawal values, per participant.

(C) With respect to structured settlement annuities, two hundred fifty thousand dollars ($250,000) in the present value of annuity benefits, including net cash surrender and net cash withdrawal values, per payee.

(D) In addition to the foregoing limitations, the association is not obligated to cover more than:

(i) an aggregate of three hundred thousand dollars ($300,000) in benefits with respect to any one (1) person under clauses (A), (B), and (C), except with respect to benefits for health benefit plans under clause (A)(v), an aggregate of five hundred thousand dollars ($500,000) with respect to any one (1) person; or

(ii) with respect to one (1) owner of multiple nongroup policies of life insurance, whether the policy owner is an individual, a firm, a corporation, or another person, and whether the persons insured are officers, managers, employees, or other persons, five million dollars ($5,000,000) in benefits, including net cash surrender and net cash withdrawal values, regardless of the number of policies and contracts held by the owner.

(E) With respect to unallocated annuity contracts issued to or in connection with a government lottery, five million dollars ($5,000,000) in benefits per contract owner, regardless of the number of contracts held by the contract owner.

(F) With respect to unallocated annuity contracts:

(i) issued to or in connection with a benefit plan; and

(ii) not subject to clause (B);

five million dollars ($5,000,000) in benefits per plan sponsor, regardless of the number of unallocated annuity contracts entitled to coverage under this chapter.

(g) The limitations set forth in subsection (f) are limitations on the benefits for which the association is obligated before taking into account the:

(1) association's subrogation and assignment rights; or

(2) extent to which the benefits could be provided out of the assets of the impaired insurer or insolvent insurer attributable to covered policies.

The costs of discharging the association's obligations under this chapter may be met by the use of assets attributable to covered policies or reimbursed to the association under the association's subrogation and assignment rights.

(h) In discharging the association's obligations to provide coverage under this chapter, the association is not required to:

(1) guarantee, assume, reissue, reinsure, or perform;

(2) cause to be guaranteed, assumed, reissued, reinsured, or performed; or

(3) otherwise assure the discharge of;

the obligations of the insolvent insurer or impaired insurer under a covered policy that do not materially affect the economic values or economic benefits of the covered policy.

As added by P.L.193-2006, SEC.11. Amended by P.L.276-2013, SEC.33; P.L.208-2018, SEC.14.
Ind. Code § 27-1-6-5 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-5
Publication of notice of intention to organize
Status: in_force

Sec. 5. At least ten (10) and not more than twenty (20) days prior to the presentation of the articles of incorporation to the department as provided in section 6 of this chapter, the incorporators shall publish at least once in a newspaper of general circulation, printed and published in the English language, in the county in which the principal office of the proposed company is to be located, and at least once in a newspaper of general circulation, printed and published in the English language, in the city of Indianapolis, Marion County, Indiana, a notice of intention to organize such a corporation, which publication shall contain the following:

(a) The name of the proposed company.

(b) A statement that the proposed company is to be organized under the provisions of this article.

(c) The general character and class or classes of insurance to be transacted by the proposed company.

(d) The time when the articles of incorporation will be presented to the department.

(e) The names, occupations, and addresses of the incorporators.

Formerly: Acts 1935, c.162, s.65. As amended by P.L.252-1985, SEC.18.
Ind. Code § 27-8-11-6 — Indiana Code / Title 27 / Article 8 / Chapter 11 / Section 27-8-11-6
Preferred provider plans; hospital accreditation
Status: in_force

Sec. 6. (a) A preferred provider plan may not refuse to enter into an agreement with a hospital solely because the hospital has not obtained accreditation from an accreditation organization that:

(1) establishes standards for the organization and operation of hospitals;

(2) requires the hospital to undergo a survey process for a fee paid by the hospital; and

(3) was organized and formed in 1951.

(b) This section does not prohibit a preferred provider plan from using performance indicators or quality standards that:

(1) are developed by private organizations; and

(2) do not rely upon a survey process for a fee charged to the hospital to evaluate performance.

As added by P.L.259-1995, SEC.2.
Ind. Code § 27-2-21-12 — Indiana Code / Title 27 / Article 2 / Chapter 21 / Section 27-2-21-12
"Insured"
Status: in_force

Sec. 12. As used in this chapter, "insured" means an individual entitled to coverage under a personal insurance policy.

As added by P.L.201-2003, SEC.1.
Ind. Code § 27-2-27-12 — Indiana Code / Title 27 / Article 2 / Chapter 27 / Section 27-2-27-12
"Nonpublic information"
Status: in_force

Sec. 12. As used in this chapter, "nonpublic information" means electronic information that is not publicly available information and is described in either of the following subdivisions:

(1) Any information concerning a consumer, which because of name, number, personal mark, or other identifier can be used, in combination with any one (1) or more of the following data elements, to identify the consumer:

(A) Social Security number.

(B) Driver's license number or nondriver identification card number.

(C) Financial account number, credit card number, or debit card number.

(D) Any security code, access code, or password that would permit access to a consumer's financial account.

(E) Biometric records.

(2) Any information or data, except age or gender, in any form or medium created by or derived from a health care provider or a consumer that can be used to identify a consumer and relates to:

(A) the past, present, or future physical, mental, or behavioral health or condition of the consumer or a member of the consumer's family;

(B) the provision of health care to the consumer; or

(C) payment for the provision of health care provided to the consumer.

As added by P.L.130-2020, SEC.10.
Ind. Code § 27-1-16.1-10 — Indiana Code / Title 27 / Article 1 / Chapter 16.1 / Section 27-1-16.1-10
Written disclosures and information
Status: in_force

Sec. 10. (a) A self-storage facility shall, at each location where self-storage insurance is sold, solicited, or negotiated, make available to customers written materials concerning the self-storage insurance.

(b) The written materials available under subsection (a) must do all the following:

(1) Disclose that self-storage insurance may duplicate coverage already provided under a customer's homeowner's insurance policy, renter's insurance policy, or other coverage.

(2) State that if insurance is required as a condition of a self-storage rental agreement, the requirement may be satisfied by the customer's:

(A) purchase of self-storage insurance that is sold, solicited, or negotiated by the self-storage facility; or

(B) presentation to the self-storage facility of evidence of other applicable insurance coverage.

(3) Summarize the material terms of each self-storage insurance policy under which insurance is available from the self-storage facility, including all the following:

(A) The identity of the insurer that issues the self-storage insurance policy.

(B) The identity of any supervising entity.

(C) All costs related to the self-storage insurance policy.

(D) The amount of any applicable deductible.

(E) The benefits of the self-storage insurance.

(F) The key terms and conditions of coverage.

(4) Summarize the process for filing a claim.

(5) State that an insured customer may cancel the insured customer's coverage under the self-storage insurance policy at any time and the person who pays the premium will receive a refund of unearned premium.

As added by P.L.81-2013, SEC.3.
Ind. Code § 27-7-2-28.2 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-28.2
Examination of records; costs
Status: in_force

Sec. 28.2. (a) The commissioner may examine any company, the bureau, or the assigned risk plan as the commissioner considers necessary to ascertain compliance with this chapter.

(b) Every company, the bureau, and the assigned risk plan shall maintain reasonable records of the type and kind reasonably adapted to its method of operation containing its experiences or the experience of its staff members including the data, statistics, or information collected or used by it in its activities. These records shall be available at all reasonable times to enable the commissioner to determine whether the activities of the bureau, company, and the assigned risk plan comply with this chapter. Such records shall be maintained in an office within Indiana or shall be made available to the commissioner for examination or inspection at any time upon reasonable notice.

(c) The reasonable cost of an examination made under this section shall be paid by the examined party upon presentation of a detailed account of such costs.

(d) Instead of an examination the commissioner may accept the report of an examination by the insurance supervisory official of another state, made under the laws of that state.

As added by P.L.249-1989, SEC.15.
Ind. Code § 27-1-19-4 — Indiana Code / Title 27 / Article 1 / Chapter 19 / Section 27-1-19-4
Certificate of authority
Status: in_force

Sec. 4. When the provisions of sections 1, 2, and 3 of this chapter have been complied with and the applicant has fulfilled all the requirements imposed by this article upon a similar domestic company doing a like business, then the commissioner may, in his discretion, issue a certificate of authority as provided in IC 27-1-6-18.

Formerly: Acts 1935, c.162, s.243. As amended by P.L.252-1985, SEC.84.
Ind. Code § 27-7-3.6-2 — Indiana Code / Title 27 / Article 7 / Chapter 3.6 / Section 27-7-3.6-2
Administration of title insurance enforcement fund
Status: in_force

Sec. 2. The title insurance enforcement fund shall be administered by the commissioner. The expenses of administering the title insurance enforcement fund shall be paid from money in the fund.

As added by P.L.171-2006, SEC.5.
Ind. Code § 27-14.5-1-9 — Indiana Code / Title 27 / Article 14.5 / Chapter 1 / Section 27-14.5-1-9
"Associate"
Status: in_force

Sec. 9. (a) Subject to subsection (b), "associate" means any of the following:

(1) With respect to a particular person, corporation, business entity, or other organization (other than the applicant or an affiliate of the applicant) for which the person is:

(A) an officer;

(B) a partner; or

(C) directly or indirectly the beneficial owner of at least ten percent (10%) of any class of equity securities.

(2) With respect to an individual who is a director or an officer of the applicant or of any of the applicant's affiliates, a:

(A) spouse; or

(B) member of the immediate family sharing the same household.

(3) With respect to a particular person, a trust or other estate in which the person has a substantial beneficial interest or for which the person serves as trustee or in a similar fiduciary capacity.

(b) The term does not apply to a person that:

(1) has a beneficial interest in; or

(2) serves as a trustee or in a similar fiduciary capacity for;

an employee benefit plan.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-1-41-2 — Indiana Code / Title 27 / Article 1 / Chapter 41 / Section 27-1-41-2
"Group"
Status: in_force

Sec. 2. As used in this chapter, "group" means the following:

(1) The membership of any of the following:

(A) A trade association.

(B) A professional association.

(C) A labor union.

(D) An employee association.

(E) A club.

(F) A league.

(G) A fraternity.

(H) A guild.

(I) Another organization.

(2) The employees of any of the following:

(A) An employer.

(B) Two (2) or more employers.

As added by P.L.32-2012, SEC.2.
Ind. Code § 27-5.1-3-3 — Indiana Code / Title 27 / Article 5.1 / Chapter 3 / Section 27-5.1-3-3
Company territory expansion; net retention per risk; investments
Status: in_force

Sec. 3. (a) A standard company may not insure property located outside the standard company's territory, as described in the standard company's articles of incorporation, unless the standard company meets the following requirements for expansion:

(1) A standard company with annual direct written premiums that total not less than one hundred thousand dollars ($100,000) may expand the territory in which the standard company insures property to not more than ten (10) counties if the expansion is approved by the affirmative vote of a majority of the standard company's:

(A) board of directors; or

(B) policyholders present and voting at a meeting of the policyholders.

(2) A standard company with annual direct written premiums that total not less than two hundred fifty thousand dollars ($250,000) may expand the territory in which the standard company insures property to more than ten (10) counties if the expansion is approved by the affirmative vote of a majority of the standard company's:

(A) board of directors; or

(B) policyholders present and voting at a meeting of the policyholders.

(b) The net retention per risk of a standard company may not exceed two-tenths percent (0.2%) of the standard company's insurance in force.

(c) A standard company shall make investments in accordance with IC 27-1-13-3.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-7-15-2 — Indiana Code / Title 27 / Article 7 / Chapter 15 / Section 27-7-15-2
"Group"
Status: in_force

Sec. 2. As used in this chapter, "group" means a group of individuals who:

(1) have similar professional attributes;

(2) belong to the group for purposes other than that of obtaining insurance; and

(3) are eligible to purchase motor vehicle insurance.

As added by P.L.146-2015, SEC.32.
Ind. Code § 27-7-10-18 — Indiana Code / Title 27 / Article 7 / Chapter 10 / Section 27-7-10-18
Notice; applications and policies
Status: in_force

Sec. 18. Every application form for insurance from a risk retention group, and every policy (on its front and declaration pages) issued by a risk retention group, must contain in ten (10) point type the following notice:

NOTICE

This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state. State insurance insolvency guaranty funds are not available for your risk retention group.

As added by P.L.162-1988, SEC.2.
Ind. Code § 27-1-12.8-27 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-27
Reserves according to commissioners reserve valuation method
Status: in_force

Sec. 27. (a) Except as provided in sections 28, 31, and 33 of this chapter, reserves according to the commissioners reserve valuation method for the life insurance and endowment benefits of a contract providing for a uniform amount of insurance and requiring the payment of uniform premiums is the excess, if any, of the present value (on the date of valuation) of the future guaranteed benefits provided for by the contract over the then present value of any future modified net premiums for the contract.

(b) The modified net premiums for a contract described in subsection (a) are the uniform percentage of the respective contract premiums for the benefits such that the present value (on the date of issue of the contract) of all modified net premiums is equal to the sum of the then present value of the benefits provided for by the contract plus the excess of subdivision (1) over subdivision (2), as follows:

(1) A net level annual premium equal to the present value (on the date of issue) of the benefits provided for after the first contract year, divided by the present value (at the date of issue) of an annuity of one (1) per annum payable on the first and each subsequent anniversary of the contract on which a premium falls due. However, the net level annual premium must not exceed the net level annual premium on the nineteen (19) year premium whole life plan for insurance of the same amount at an insured age one (1) year greater than the age of the insured on the date of issue of the contract.

(2) A net one (1) year term premium for the benefits provided for in the first contract year.

(c) For a life insurance contract issued on or after January 1, 1985:

(1) for which:

(A) the contract premium in the first contract year exceeds the contract premium in the second contract year; and

(B) no comparable additional benefit is provided in the first contract year for the excess; and

(2) that provides an endowment benefit, a cash surrender value, or a combination, in an amount greater than the excess premium;

the reserve according to the commissioners reserve valuation method on a contract anniversary that occurs on or before the assumed ending date (defined to be the first contract anniversary on which the sum of any endowment benefit and any cash surrender value then available is greater than the excess premium) is, except as provided in section 31 of this chapter, the reserve determined under subsection (d).

(d) For purposes of subsection (c), the reserve is the greater of:

(1) the reserve on the contract anniversary calculated under subsections (a) and (b); or

(2) the reserve as of the contract anniversary calculated under subsections (a) and (b) with:

(A) the value described in subsection (b)(1) reduced by fifteen percent (15%) of the amount of the excess first year premium;

(B) all present values of benefits and premiums determined without reference to premiums or benefits provided for by the contract after the assumed ending date;

(C) the contract assumed to mature on the assumed ending date as an endowment; and

(D) the cash surrender value provided on the assumed ending date considered as an endowment benefit.

In making the comparison described in this subsection, the mortality and interest bases specified in sections 24 and 26 of this chapter must be used.

(e) Reserves according to the commissioners reserve valuation method must be calculated by a method consistent with the principles of this section for the following:

(1) A life insurance contract that provides for a varying amount of insurance or requires the payment of varying premiums.

(2) A group annuity or a pure endowment contract that is purchased under a retirement plan or plan of deferred compensation that is established or maintained by:

(A) an employer (including a partnership or sole proprietorship);

(B) an employee organization; or

(C) both;

other than a plan that provides individual retirement accounts or individual retirement annuities under Section 408 of the Internal Revenue Code.

(3) Disability and accidental death benefits provided in any contract.

(4) All other benefits, except life insurance and endowment benefits in a life insurance contract and benefits provided by any other annuity or pure endowment contract.

As added by P.L.276-2013, SEC.10.
Ind. Code § 27-10-1-9 — Indiana Code / Title 27 / Article 10 / Chapter 1 / Section 27-10-1-9
"Recovery agent"
Status: in_force

Sec. 9. "Recovery agent" means a person who is offered or given any compensation by a bail agent or surety in exchange for assisting the bail agent or surety in apprehending or surrendering any defendant or keeping a defendant under necessary surveillance. This does not affect the right of bail agents or sureties to hire counsel or to ask assistance of law enforcement officers.

As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.4.
Ind. Code § 27-1-45-3 — Indiana Code / Title 27 / Article 1 / Chapter 45 / Section 27-1-45-3
"In network provider"
Status: in_force

Sec. 3. As used in this chapter, "in network provider" means a provider that is required under a network plan to provide health care services to covered individuals at not more than a preestablished rate or amount of compensation.

As added by P.L.93-2020, SEC.11.
Ind. Code § 27-7-12-8 — Indiana Code / Title 27 / Article 7 / Chapter 12 / Section 27-7-12-8
Repealed
Status: repealed

As added by P.L.203-2001, SEC.10. Repealed by P.L.148-2017, SEC.18.
Ind. Code § 27-4-10-2 — Indiana Code / Title 27 / Article 4 / Chapter 10 / Section 27-4-10-2
"Dental care"
Status: in_force

Sec. 2. As used in this chapter, "dental care" means services provided by a dentist within the scope of the dentist's licensure under IC 25-14.

As added by P.L.31-2021, SEC.4.
Ind. Code § 27-2-27-13 — Indiana Code / Title 27 / Article 2 / Chapter 27 / Section 27-2-27-13
"Publicly available information"
Status: in_force

Sec. 13. As used in this chapter, "publicly available information" means any information that a licensee has a reasonable basis to believe is lawfully made available to the general public from:

(1) federal, state, or local government records;

(2) widely distributed media; or

(3) disclosures to the general public that are required to be made by federal, state, or local law.

As added by P.L.130-2020, SEC.10.
Ind. Code § 27-8-3-18 — Indiana Code / Title 27 / Article 8 / Chapter 3 / Section 27-8-3-18
Attorney general; exclusive power to apply for accounting, injunction, or receivership
Status: in_force

Sec. 18. No order, judgment, or decree providing for an accounting or enjoining, restraining, or interfering with the prosecution of the business of any domestic insurance corporation, association, or society subject to the provisions of this chapter, or appointing a temporary or permanent receiver thereof, shall be made or granted otherwise than upon the application of the attorney general on his own motion, or after his approval of a request in writing thereof by the insurance commissioner, except in an action by a judgment creditor or in proceedings supplementary to execution.

Formerly: Acts 1897, c.195, s.18. As amended by P.L.252-1985, SEC.289.
Ind. Code § 27-1-1.5-8 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-8
"AICPA Statements on Auditing Standards (SAS) 61, Communication with Audit Committees"
Status: in_force

Sec. 8. "AICPA Statements on Auditing Standards (SAS) 61, Communication with Audit Committees" refers to the provision entitled "Statement on Auditing Standards 61, Communication with Audit Committees" that is:

(1) published by the American Institute of Certified Public Accountants; and

(2) in effect on January 1, 2018.

As added by P.L.124-2018, SEC.1.
Ind. Code § 27-1-4.5-1 — Indiana Code / Title 27 / Article 1 / Chapter 4.5 / Section 27-1-4.5-1
"Controlling"
Status: in_force

Sec. 1. As used in this chapter, "controlling" has the meaning set forth in IC 23-1-43-8.

As added by P.L.239-2025, SEC.11.
Ind. Code § 27-4-9-1 — Indiana Code / Title 27 / Article 4 / Chapter 9 / Section 27-4-9-1
"Securities commissioner"
Status: in_force

Sec. 1. As used in this chapter, "securities commissioner" refers to the commissioner appointed by the secretary of state under IC 23-19-6-1(a).

As added by P.L.138-2005, SEC.2. Amended by P.L.27-2007, SEC.28.
Ind. Code § 27-7-12-1 — Indiana Code / Title 27 / Article 7 / Chapter 12 / Section 27-7-12-1
Applicability of chapter; exceptions
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to policies of insurance covering risks to property located in Indiana that take effect or are renewed after June 30, 2001, and that insure loss of or damage to:

(1) real property consisting of not more than four (4) residential units, one (1) of which is the principal place of residence of the named insured; or

(2) personal property:

(A) in which the named insured has an insurable interest; and

(B) that is used within a residential dwelling for personal, family, or household purposes.

(b) Section 4 of this chapter, as amended in the 2026 session of the general assembly, and section 6.5 of this chapter, as added in the 2026 session of the general assembly, apply to policies of insurance described in subsection (a) that are issued, delivered, amended, or renewed on or after January 1, 2027.

(c) This chapter does not apply to the following:

(1) A policy of inland marine insurance.

(2) The cancellation or nonrenewal of an automobile insurance policy under IC 27-7-6.

(3) The cancellation or nonrenewal of a commercial property and casualty insurance policy under IC 27-1-31-2.5.

As added by P.L.203-2001, SEC.10. Amended by P.L.86-2026, SEC.21.
Ind. Code § 27-7-3.7-10 — Indiana Code / Title 27 / Article 7 / Chapter 3.7 / Section 27-7-3.7-10
Advance of fees from escrow account to pay incidental fees
Status: in_force

Sec. 10. A closing agent may advance an amount not to exceed five hundred dollars ($500) from an escrow account on behalf of a party to an escrow transaction for the purpose of paying incidental fees, including conveyance and recording fees. Incidental fees may be paid in order to:

(1) effect and close the sale of;

(2) purchase;

(3) exchange;

(4) transfer;

(5) encumber; or

(6) lease;

real property that is the subject of the escrow transaction.

As added by P.L.92-2009, SEC.1.
Ind. Code § 27-1-7-18 — Indiana Code / Title 27 / Article 1 / Chapter 7 / Section 27-1-7-18
Repealed
Status: repealed

Formerly: Acts 1935, c.162, s.96. Repealed by P.L.260-1983, SEC.8.
Ind. Code § 27-13-38-3 — Indiana Code / Title 27 / Article 13 / Chapter 38 / Section 27-13-38-3
Drug utilization review programs; contents
Status: in_force

Sec. 3. Each health maintenance organization that has a prescription drug benefit shall establish and operate, or cause to be established and operated, a drug utilization review program that includes the following:

(1) Retrospective review of prescription drugs furnished to enrollees.

(2) Education of physicians, enrollees, and pharmacists regarding the appropriate use of prescription drugs.

(3) Ongoing periodic examination of data on outpatient prescription drugs to ensure quality therapeutic outcomes for enrollees.

(4) Clinically relevant criteria and standards for drug therapy.

(5) Nonproprietary criteria and standards, developed and revised through an open, professional consensus process.

(6) Interventions that focus on improving therapeutic outcomes, including prospective drug utilization review programs that monitor for possible prescription drug problems or complications, including drug to disease interactions, drug to drug interactions, or therapeutic duplication.

As added by P.L.69-1998, SEC.16.
Ind. Code § 27-8-17-13 — Indiana Code / Title 27 / Article 8 / Chapter 17 / Section 27-8-17-13
Physician's statement; documentation of review agent capability
Status: in_force

Sec. 13. To provide documentation demonstrating that a utilization review agent is capable of satisfying the requirement of section 11(7) of this chapter, as required by section 9(b)(3) of this chapter, the utilization review agent may provide a signed statement of a physician employed by or under contract to the utilization review agent verifying that determinations made by the utilization review agent as to the necessity or appropriateness of admissions, services, and procedures are reviewed by a physician or determined in accordance with standards or guidelines approved by a physician.

As added by P.L.128-1992, SEC.1.
Ind. Code § 27-6-6-8 — Indiana Code / Title 27 / Article 6 / Chapter 6 / Section 27-6-6-8
Right of domestic corporation to exchange contracts
Status: in_force

Sec. 8. Any corporation organized under the laws of this state, shall, in addition to the rights, powers and franchises specified in its articles of incorporation, have full power and authority, as a subscriber, to exchange insurance contracts of the kind and character mentioned in this chapter. The right to exchange such contracts is declared to be incidental to the purposes for which such corporations are organized and as much granted as the rights and powers expressly conferred.

Formerly: Acts 1919, c.102, s.8. As amended by P.L.136-2018, SEC.181.
Ind. Code § 27-1-46.5-5 — Indiana Code / Title 27 / Article 1 / Chapter 46.5 / Section 27-1-46.5-5
"Indiana nonprofit hospital system"
Status: in_force

Sec. 5. As used in this chapter, "Indiana nonprofit hospital system" means a hospital system that:

(1) is organized as a nonprofit corporation or a charitable trust under Indiana law or the laws of any other state or country and that is:

(A) eligible for tax exempt bond financing; or

(B) exempt from state or local taxes;

(2) filed jointly one (1) audited financial statement with the Indiana department of health in the preceding calendar year; and

(3) has an annual net patient service revenue derived in Indiana of at least two billion dollars ($2,000,000,000), based on the hospital system's most recently submitted audited financial statement filed with the Indiana department of health. As used in this subdivision, "patient service revenue" includes similar terms, including net patient service revenue and patient care service revenue.

As added by P.L.216-2025, SEC.46.
Ind. Code § 27-1-3-14 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-14
Notice of insolvency, failure, or suspension of operations; failure to give notice
Status: in_force

Sec. 14. If any domestic insurance company is insolvent, or in imminent danger of insolvency, or fails or suspends operation between the periods of examination authorized, it is a Class B misdemeanor for the highest officer then actively in charge of such domestic insurance company to knowingly fail to notify the department immediately, of such condition, failure, or suspension.

Formerly: Acts 1935, c.162, s.21. As amended by Acts 1978, P.L.2, SEC.2704.
Ind. Code § 27-8-24.1-2 — Indiana Code / Title 27 / Article 8 / Chapter 24.1 / Section 27-8-24.1-2
"Covered individual"
Status: in_force

Sec. 2. As used in this chapter, "covered individual" means an individual who is entitled to coverage under an accident and sickness insurance policy.

As added by P.L.166-2003, SEC.2.
Ind. Code § 27-7-3-5 — Indiana Code / Title 27 / Article 7 / Chapter 3 / Section 27-7-3-5
Capital stock
Status: in_force

Sec. 5. The capital stock of any company engaged in business under the provisions of this chapter shall be not less than one hundred thousand dollars ($100,000), which shall be fully paid in.

Formerly: Acts 1937, c.104, s.5. As amended by P.L.252-1985, SEC.251.
Ind. Code § 27-1-25-12.2 — Indiana Code / Title 27 / Article 1 / Chapter 25 / Section 27-1-25-12.2
Nonresident third party administrator license; commissioner refusal to issue license or delay of issuance; fees
Status: in_force

Sec. 12.2. (a) An administrator that:

(1) performs the duties of an administrator in Indiana; and

(2) does not hold a license issued under section 11.1 of this chapter;

shall obtain a nonresident administrator license under this section by filing a uniform application for third party administrator license, accompanied by an application fee in an amount determined by the commissioner, with the commissioner. The commissioner shall deposit a fee paid under this subsection into the department of insurance fund established by IC 27-1-3-28.

(b) Unless the commissioner verifies the nonresident administrator's home state license status through the centralized insurance producer license registry described in IC 27-1-15.6-7, a uniform application for third party administrator license filed under subsection (a) must be accompanied by a letter of certification from the nonresident administrator's home state, verifying that the nonresident administrator holds a resident administrator license in the home state.

(c) A nonresident administrator is not eligible for a nonresident administrator license under this section unless the nonresident administrator is licensed as a resident administrator in a home state that has a law or regulation that is substantially similar to this chapter.

(d) Except as provided in subsections (b) and (h), the commissioner shall issue a nonresident administrator license to a nonresident administrator that makes a filing under subsections (a) and (b) upon receipt of the filing.

(e) Unless a nonresident administrator is notified by the commissioner that the commissioner is able to verify the nonresident administrator's home state licensure through an electronic data base described in subsection (b), the nonresident administrator shall:

(1) on September 15 of each year, file a renewal application and a statement with the commissioner affirming that the nonresident administrator maintains a current license in the nonresident administrator's home state; and

(2) pay to the commissioner a filing fee in an amount determined by the commissioner.

The commissioner shall deposit a filing fee paid under subdivision (2) into the department of insurance fund established by IC 27-1-3-28.

(f) A nonresident administrator that applies for licensure under this section shall:

(1) produce the accounts of the nonresident administrator;

(2) produce the records and files of the nonresident administrator for examination; and

(3) make the officers of the nonresident administrator available to provide information with respect to the affairs of the nonresident administrator;

when reasonably required by the commissioner.

(g) A nonresident administrator is not required to hold a nonresident administrator license in Indiana if the nonresident administrator's function in Indiana is limited to the administration of life, health, or annuity coverage for a total of not more than one hundred (100) Indiana residents.

(h) The commissioner may refuse to issue or may delay the issuance of a nonresident administrator license if the commissioner determines that:

(1) due to events occurring; or

(2) based on information obtained;

after the nonresident administrator's home state's licensure of the nonresident administrator, the nonresident administrator is unable to comply with this chapter or grounds exist for the home state's revocation or suspension of the nonresident administrator's home state license.

(i) If the commissioner makes a determination described in subsection (h), the commissioner:

(1) shall provide written notice of the determination to the insurance regulator of the nonresident administrator's home state; and

(2) may delay the issuance of a nonresident administrator license to the nonresident administrator until the commissioner determines that the nonresident administrator is able to comply with this chapter and that grounds do not exist for the home state's revocation or suspension of the nonresident administrator's home state license.

As added by P.L.160-2003, SEC.16. Amended by P.L.173-2007, SEC.17; P.L.234-2007, SEC.191; P.L.11-2011, SEC.20; P.L.124-2018, SEC.49.
Ind. Code § 27-8-12-10.5 — Indiana Code / Title 27 / Article 8 / Chapter 12 / Section 27-8-12-10.5
Loss or confinement resulting from a preexisting condition; exclusion of coverage; limitation period; rules
Status: in_force

Sec. 10.5. (a) As used in this section, "preexisting condition" means a condition for which medical advice or treatment was recommended by or received from a provider of health care services within six (6) months preceding the effective date of coverage of an insured individual.

(b) A long term care insurance policy may not use a definition of preexisting condition that is more restrictive than the definition contained in subsection (a).

(c) Except for a group long term care policy under IC 27-8-5-16(1) or IC 27-1-12-37, a long term care insurance policy may not exclude coverage for a loss or confinement that is the result of a preexisting condition unless the loss or confinement begins within six (6) months following the effective date of coverage of an insured individual.

(d) The commissioner may extend the limitation period under subsections (a) and (c) concerning a specific age group category in a specific policy form upon a finding by the commissioner that the extension is in the best interest of the public.

(e) This section does not prohibit an insurer from doing any of the following:

(1) Using an application form designed to elicit the complete health history of an applicant.

(2) Based on an application, underwriting in accordance with the insurer's established underwriting standards.

(f) Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether the condition is disclosed on the application, need not be covered until after the waiting period described in subsection (c).

(g) A long term care insurance policy may not exclude or use a waiver or rider to exclude, limit, or reduce coverage or benefits for a specifically named or described preexisting disease or physical condition beyond the waiting period described in subsection (c).

As added by P.L.114-1991, SEC.12.
Ind. Code § 27-7-2-2 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-2
Definitions
Status: in_force

Sec. 2. As used in this chapter and unless a different meaning appears from the context:

(a) "Department" means the department of insurance of this state.

(b) "Worker's compensation board" means the worker's compensation board of Indiana.

(c) "Company" means an insurance company and includes all persons, partnerships, corporations, or associations engaged in making worker's compensation insurance under the laws of this state.

(d) "Domestic company" means a company organized under the laws of this state.

(e) "Foreign company" means a company organized under the laws of any state of the United States, other than this state or under the laws of any territory or insular possession of the United States or the District of Columbia.

(f) "Alien company" means a company organized under the laws of any country other than the United States or a territory or insular possession thereof or of the District of Columbia.

(g) "Person" includes individuals, corporations, firms, companies, associations, and partnerships. The personal pronoun includes all genders. The singular includes the plural, and the plural includes the singular.

(h) "Commissioner" means the insurance commissioner of this state.

(i) "Bureau" means the worker's compensation rating bureau of Indiana.

(j) "Interested person" means any person who has filed with the department a request to be notified under sections 4(b) and 20.2(c) of this chapter of each filing of rates by the bureau or a company.

(k) "Assigned risk plan" means the plan by which members of the worker's compensation rating bureau provide for the insurance of rejected risks.

(l) "Classification system" or "classification" means the plan, system, or arrangement for recognizing differences in exposure to hazards among industries, occupations, or operations of insurance policyholders.

(m) "Experience rating" means a rating procedure utilizing past insurance experience of the individual policyholder to forecast future losses by measuring the policyholder's loss experience against the loss experience of policyholders in the same classification to produce a prospective premium credit, debit, or unity modification.

(n) "Rate" means the cost of insurance per exposure base unit, prior to any application of individual risk variations based on loss or expense considerations, and does not include minimum premiums.

(o) "Schedule rating plan" means an independent rating plan that measures hazard differences that have an immediate bearing on the probability or severity of loss and applies debits and credits to modify the premium for a risk.

(p) "Statistical plan" means the plan, system, or arrangement used in collecting data.

(q) "Supplementary rate information" means any manual or plan of rates, classification system, rating schedule, minimum premium, rating rule, rating plan, and any other similar information needed to determine the applicable premium for an insured.

(r) "Supporting information" means the experience and judgment of the filer and the experience or data of other companies or organizations relied on by the filer, the interpretation of any statistical data relied on by the filer, descriptions of methods used in making the rates, and any other similar information required to be filed by the commissioner.

Formerly: Acts 1935, c.323, s.2; Acts 1959, c.231, s.2. As amended by P.L.252-1985, SEC.228; P.L.28-1988, SEC.87; P.L.249-1989, SEC.3.
Ind. Code § 27-1-3.5-3.5 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-3.5
Repealed
Status: repealed

As added by P.L.251-1995, SEC.3. Repealed by P.L.146-2015, SEC.9.
Ind. Code § 27-4-1.5-9 — Indiana Code / Title 27 / Article 4 / Chapter 1.5 / Section 27-4-1.5-9
Failure to give insured notice; unfair claim settlement practice
Status: in_force

Sec. 9. An insurer that:

(1) is required to give a written notice to an insured under section 8 of this chapter concerning the repair of a motor vehicle;

(2) does not give the insured a written notice that meets the requirements set forth in section 8(b) of this chapter; and

(3) directs a body shop to repair the motor vehicle;

commits an unfair claim settlement practice under IC 27-4-1-4.5.

As added by P.L.194-1991, SEC.2.
Ind. Code § 27-1-1.5-1 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-1
Amendment of referenced NAIC documents; reporting
Status: in_force

Sec. 1. (a) This section applies only to a reference in this title that is published by the NAIC.

(b) If a document described in subsection (a) to which a provision of this title refers is amended after the later of the date of publication of the version of the document that is referenced in this title or January 1, 2018, the commissioner shall, before implementing the amendment in the regulation of the business of insurance, report in an electronic format under IC 5-14-6 to the:

(1) legislative council; and

(2) standing committees of the house of representatives and the senate that consider insurance matters;

concerning the existence of the amendment.

(c) Upon reporting to the legislative council and standing committees under subsection (b), the commissioner may implement the reported amendment in the regulation of the business of insurance.

(d) Not later than October 31 of each year, the commissioner shall:

(1) compile a list of all amendments:

(A) described in subsection (b); and

(B) published after October 31 of the preceding year; and

(2) report the list to the legislative council and standing committees described in subsection (b) in an electronic format under IC 5-14-6.

As added by P.L.124-2018, SEC.1. Amended by P.L.10-2019, SEC.114.
Ind. Code § 27-1-38-12 — Indiana Code / Title 27 / Article 1 / Chapter 38 / Section 27-1-38-12
Commissioner examination and investigation
Status: in_force

Sec. 12. (a) The commissioner may examine and investigate the insurance activities of a person that the commissioner believes to be in violation of this chapter. A person examined or investigated under this section shall, upon reasonable notice from the commissioner, make the insurance related books and records of the person available to the commissioner.

(b) In the case of an examination or investigation of a depository institution under subsection (a), the commissioner shall, before performing the examination or investigation:

(1) notify the federal or state banking agency that regulates the depository institution that the commissioner intends to examine or investigate the depository institution; and

(2) advise the federal or state banking agency of the depository institution's suspected violation of this section.

As added by P.L.130-2002, SEC.2.
Ind. Code § 27-8-31-10 — Indiana Code / Title 27 / Article 8 / Chapter 31 / Section 27-8-31-10
Dispute resolution
Status: in_force

Sec. 10. The commission shall attempt, upon the request of a member, to resolve any disputes or other issues that are subject to this compact and that may arise between two (2) or more compacting states, or between compacting states and noncompacting states, and the commission shall adopt an operating procedure providing for resolution of any disputes.

As added by P.L.138-2005, SEC.3.
Ind. Code § 27-8-3-1 — Indiana Code / Title 27 / Article 8 / Chapter 3 / Section 27-8-3-1
Authority to incorporate; purposes; articles of incorporation; initial applications; approval and filing documents; license
Status: in_force

Sec. 1. Any number of persons not less than five (5), a majority of whom are citizens of this state, may associate themselves together as a corporation, association, or society for the purpose of transacting the business of life or accident, or life and accident insurance, and for the payment of partial and permanent disability claims to living members, upon the assessment plan, for the purpose of mutual protection and relief of its members, and for the payment of stipulated sums of money to the families, heirs, executors, administrators, or assigns of the deceased members, or for the payment of total and permanent disability claims to living members of such company, association, or society, as the member may direct, in such manner as may be provided in the bylaws; and may receive money, either by voluntary donation or contribution, for which purpose, they shall make, sign, and acknowledge, before any officer authorized to take acknowledgment of deeds in this state, articles of incorporation or association, in which shall be stated the name or title by which such corporation, association, or society shall be known in law, the location of its principal business office (which office must be located in this state), the names and residence of the persons signing the articles of incorporation or association, the object of the corporation, association, or society, with its plan of doing business clearly and fully defined, the number of its directors, trustees or managers and the names of those selected to serve until its first annual meeting, and, in case of life corporations, associations, or societies, the limit as to age of applicants for membership, which shall not exceed sixty-five (65) years, and that medical examinations are required, but no medical examination shall be required in case of accident corporations, associations, or societies, and that bona fide applications have been secured for two hundred thousand dollars ($200,000) by not less than two hundred (200) persons, who have each made application for membership in such proposed corporation, association, or society, and, in case of a life corporation, have each been examined and recommended by a reliable physician, and in all cases have each deposited with the parties asking the certificate for such corporation, association, or society the sum of two dollars ($2) on each one thousand dollars ($1,000) of insurance applied for as an advance assessment for mortuary or accident or disability indemnity purposes, as the case may be; which certificate of association and applications, together with the certificate of some solvent bank or banks that all such advance funds are deposited therein to be turned over to the treasurer of such corporation, association, or society when organized, shall be submitted to the insurance commissioner, who shall carefully examine the same, and, if he shall find that the objects and purposes are fully and definitely set forth and are clearly within the provisions of this chapter, and that the name or title is not the same or does not so closely resemble a title in use as to have a tendency to mislead the public, the commissioner shall submit the same to the attorney general for examination, and if found by him to be in accordance with this chapter and not inconsistent with the constitution and laws of the United States and of this state, he shall certify to and deliver the same to the secretary of state, who shall cause the same, with the certificate of the attorney general, to be recorded in a book to be kept for that purpose; and, upon application of the signers thereof, the secretary of state shall furnish to them a certified copy of such articles and certificates, under his hand and the seal of this state, and the secretary of state shall thereupon file in the office of the commissioner a certified copy of all papers pertaining to the organization of such corporation, association, or society. Thereupon, the commissioner shall issue a license, authorizing said corporation, association, or society to transact the business set forth in the certificate of incorporation. Such corporation, association, or society shall deposit with the commissioner a copy of all its forms of policy issued by them, together with a copy of its bylaws and all forms of application for insurance.

Formerly: Acts 1897, c.195, s.1. As amended by P.L.252-1985, SEC.275.
Ind. Code § 27-1-44.5-0.2 — Indiana Code / Title 27 / Article 1 / Chapter 44.5 / Section 27-1-44.5-0.2
"Administrator"
Status: in_force

Sec. 0.2. As used in this chapter, "administrator" means the entity that contracts with the department to create, operate, and maintain the data base.

As added by P.L.195-2021, SEC.1.
Ind. Code § 27-13-10.1-2 — Indiana Code / Title 27 / Article 13 / Chapter 10.1 / Section 27-13-10.1-2
Requirements of procedure
Status: in_force

Sec. 2. (a) An external grievance procedure established under section 1 of this chapter must:

(1) allow an enrollee or the enrollee's representative to file a written request with the health maintenance organization for an appeal of the health maintenance organization's grievance resolution under IC 27-13-10-8 not later than one hundred twenty (120) days after the enrollee is notified of the resolution under IC 27-13-10-8; and

(2) provide for:

(A) an expedited appeal for a grievance related to an illness, a disease, a condition, an injury, or a disability that would seriously jeopardize the enrollee's:

(i) life or health; or

(ii) ability to reach and maintain maximum function; or

(B) a standard appeal for a grievance not described in clause (A).

An enrollee may file not more than one (1) appeal of a health maintenance organization's grievance resolution under this chapter.

(b) Subject to the requirements of subsection (d), when a request is filed under subsection (a), the health maintenance organization shall:

(1) select a different independent review organization for each appeal filed under this chapter from the list of independent review organizations that are certified by the department under section 8 of this chapter; and

(2) rotate the choice of an independent review organization among all certified independent review organizations before repeating a selection.

(c) The independent review organizations shall assign a medical review professional who is board certified in the applicable specialty for resolution of an appeal.

(d) The independent review organization and the medical review professional conducting the external review under this chapter may not have a material professional, familial, financial, or other affiliation with any of the following:

(1) The health maintenance organization.

(2) Any officer, director, or management employee of the health maintenance organization.

(3) The physician or the physician's medical group that is proposing the service.

(4) The facility at which the service would be provided.

(5) The development or manufacture of the principal drug, device, procedure, or other therapy that is proposed by the treating physician.

However, the medical review professional may have an affiliation under which the medical review professional provides health care services to enrollees of the health maintenance organization and may have an affiliation that is limited to staff privileges at the health facility if the affiliation is disclosed to the enrollee and the health maintenance organization before commencing the review and neither the enrollee nor the health maintenance organization objects.

(e) The enrollee shall not pay any of the costs associated with the services of an independent review organization under this chapter. All costs must be paid by the health maintenance organization.

As added by P.L.133-1999, SEC.7. Amended by P.L.160-2011, SEC.29; P.L.81-2012, SEC.41.
Ind. Code § 27-8-8-0.3 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-0.3
Coverage obligations affected by statutory amendments; governing law
Status: in_force

Sec. 0.3. (a) The association's coverage obligations under this chapter with respect to a member insurer that has a coverage date before March 28, 2006, are not affected by changes made by P.L.193-2006.

(b) The association's coverage obligations under this chapter with respect to a member insurer that has a coverage date before March 28, 2006, are governed by this chapter as it existed on January 1, 2006.

(c) The amendments made during the 2013 regular session of the general assembly to section 2.1 of this chapter do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before January 1, 2013.

(d) The amendment made during the 2013 regular session of the general assembly to section 2.3(e) of this chapter does not apply to a member insurer that has a coverage date before January 1, 2012.

(e) The amendments made during the 2013 regular session of the general assembly to section 2.3(f) of this chapter do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before January 1, 2013.

(f) The amendments made during the 2018 regular session of the general assembly to this chapter:

(1) do not apply to a member insurer that has been placed under an order of rehabilitation or liquidation before July 1, 2018; and

(2) apply to a member insurer that is placed under an order of rehabilitation or liquidation after June 30, 2018.

As added by P.L.220-2011, SEC.438. Amended by P.L.276-2013, SEC.30; P.L.208-2018, SEC.11.
Ind. Code § 27-1-42-9 — Indiana Code / Title 27 / Article 1 / Chapter 42 / Section 27-1-42-9
Unfair or deceptive acts
Status: in_force

Sec. 9. (a) The use of a certificate of insurance form that:

(1) is unfair, misleading, or deceptive; or

(2) violates any law;

is an unfair and deceptive act or practice in the business of insurance under IC 27-4-1-4.

(b) If:

(1) the commissioner has reason to believe that a certificate of insurance form is described in subsection (a)(1) or (a)(2); and

(2) the certificate of insurance form was provided by a financial institution;

the commissioner may refer the matter to the department of financial institutions for review under IC 28.

As added by P.L.70-2013, SEC.1.
Ind. Code § 27-1-25-7.5 — Indiana Code / Title 27 / Article 1 / Chapter 25 / Section 27-1-25-7.5
Repealed
Status: repealed

As added by P.L.207-1999, SEC.2 and P.L.255-1999, SEC.2. Repealed by P.L.11-2011, SEC.46.
Ind. Code § 27-4-9-3 — Indiana Code / Title 27 / Article 4 / Chapter 9 / Section 27-4-9-3
Suitability of annuity recommendations
Status: in_force

Sec. 3. (a) An insurance producer, or an insurer in a case in which an insurance producer is not involved, shall not recommend to a consumer the:

(1) purchase of an annuity; or

(2) exchange of an annuity that results in another insurance transaction;

that is unsuitable for the consumer.

(b) A determination regarding whether a purchase or an exchange under subsection (a) is unsuitable for a consumer must be made:

(1) based on the facts disclosed by the consumer concerning the consumer's:

(A) investments and other insurance products; and

(B) financial situation and needs; and

(2) according to the rule adopted under section 4 of this chapter.

As added by P.L.138-2005, SEC.2. Amended by P.L.131-2007, SEC.3.
Ind. Code § 27-15-16-6 — Indiana Code / Title 27 / Article 15 / Chapter 16 / Section 27-15-16-6
Use of "mutual" prohibited after conversion
Status: in_force

Sec. 6. After conversion, the name of the former mutual may not include the term "mutual".

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-13-7-19 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-19
Coverage for orthotic devices and prosthetic devices
Status: in_force

Sec. 19. (a) As used in this section, "orthotic device" means a medically necessary custom fabricated brace or support that is designed as a component of a prosthetic device.

(b) As used in this section, "prosthetic device" means an artificial leg or arm.

(c) An individual contract or a group contract that provides coverage for basic health care services must provide coverage for orthotic devices and prosthetic devices, including repairs or replacements, that:

(1) are provided or performed by a person that is:

(A) accredited as required under 42 U.S.C. 1395m(a)(20); or

(B) a qualified practitioner (as defined in 42 U.S.C. 1395m(h)(1)(F)(iii));

(2) are determined by the enrollee's physician to be medically necessary to restore or maintain the enrollee's ability to perform activities of daily living or essential job related activities; and

(3) are not solely for comfort or convenience.

(d) The:

(1) coverage required under subsection (c) must be equal to the coverage that is provided for the same device, repair, or replacement under the federal Medicare program (42 U.S.C. 1395 et seq.); and

(2) reimbursement under the coverage required under subsection (c) must be equal to the reimbursement that is provided for the same device, repair, or replacement under the federal Medicare reimbursement schedule, unless a different reimbursement rate is negotiated.

This subsection does not require a deductible under an individual contract or a group contract to be equal to a deductible under the federal Medicare program.

(e) Except as provided in subsections (f) and (g), the coverage required under subsection (c):

(1) may be subject to; and

(2) may not be more restrictive than;

the provisions that apply to other benefits under the individual contract or group contract.

(f) The coverage required under subsection (c) may be subject to utilization review, including periodic review, of the continued medical necessity of the benefit.

(g) Any lifetime maximum coverage limitation that applies to prosthetic devices and orthotic devices:

(1) must not be included in; and

(2) must be equal to;

the lifetime maximum coverage limitation that applies to all other items and services generally under the individual contract or group contract.

(h) For purposes of this subsection, "items and services" does not include preventive services for which coverage is provided under a high deductible health plan (as defined in 26 U.S.C. 220(c)(2) or 26 U.S.C. 223(c)(2)). The coverage required under subsection (c) may not be subject to a deductible, copayment, or coinsurance provision that is less favorable to an enrollee than the deductible, copayment, or coinsurance provisions that apply to other items and services generally under the individual contract or group contract.

As added by P.L.109-2008, SEC.3.
Ind. Code § 27-8-28-7 — Indiana Code / Title 27 / Article 8 / Chapter 28 / Section 27-8-28-7
"Grievance procedure"
Status: in_force

Sec. 7. As used in this chapter, "grievance procedure" means a written procedure established and maintained by an insurer for filing, investigating, and resolving grievances and appeals.

As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.
Ind. Code § 27-16-2-7 — Indiana Code / Title 27 / Article 16 / Chapter 2 / Section 27-16-2-7
"Commissioner"
Status: in_force

Sec. 7. "Commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2.

As added by P.L.245-2005, SEC.7.
Ind. Code § 27-16-8-4 — Indiana Code / Title 27 / Article 16 / Chapter 8 / Section 27-16-8-4
Health benefit plan offered by PEO
Status: in_force

Sec. 4. If a PEO offers to the PEO's covered employees a health benefit plan that is not fully insured by an insurer authorized under this title to conduct the business of insurance in Indiana, the health benefit plan must:

(1) be administered by an administrator licensed under IC 27-1-25;

(2) hold all plan assets, including participant contributions, in a trust account;

(3) provide sound reserves for the health benefit plan as determined using generally accepted actuarial standards as set forth in an actuarial opinion filed with the commissioner and prepared and signed by a qualified actuary who:

(A) is a member in good standing of the American Academy of Actuaries; and

(B) meets the requirements established by the commissioner in rules adopted under IC 4-22-2;

(4) annually submit current audited financial statements to the commissioner;

(5) at the discretion of the commissioner, possess a written commitment, binder, or policy for stop-loss insurance:

(A) issued by an insurer authorized to conduct the business of insurance in Indiana; and

(B) that meets any specific and total coverage requirements established by the commissioner in rules adopted under IC 4-22-2;

(6) be subject to audit for compliance with the requirements of this section by the department on a random basis or upon a finding of reasonable need; and

(7) provide written notice to each covered employee participating in the health benefit plan that the health benefit plan is:

(A) self-insured or not fully insured; and

(B) subject to the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

As added by P.L.245-2005, SEC.7.
Ind. Code § 27-9-3-37 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-37
Denial of claim; objections; hearing
Status: in_force

Sec. 37. (a) When a claim is denied in whole or in part by the liquidator, written notice of the determination must be given to the claimant or his attorney by first-class mail at the address shown in the proof of claim. Within sixty (60) days from the mailing of the notice, the claimant may file his objections with the liquidator. If no filing is made, the claimant may not further object to the determination.

(b) Whenever objections are filed with the liquidator and the liquidator does not alter his denial of the claim as a result of the objections, the liquidator shall ask the Marion County circuit court for a hearing as soon as practicable and give notice of the hearing by first-class mail to the claimant or his attorney and to any other persons directly affected, not less than ten (10) nor more then thirty (30) days before the date of the hearing. The matter may be heard by the court or by a court appointed referee who shall submit findings of fact along with his recommendation.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-8-14.2-2 — Indiana Code / Title 27 / Article 8 / Chapter 14.2 / Section 27-8-14.2-2
"Insured" defined
Status: in_force

Sec. 2. As used in this chapter, "insured" means an individual who is entitled to coverage under a policy of accident and sickness insurance.

As added by P.L.148-2001, SEC.2.
Ind. Code § 27-8-4-12 — Indiana Code / Title 27 / Article 8 / Chapter 4 / Section 27-8-4-12
Rules; order for compliance
Status: in_force

Sec. 12. The commissioner may, after notice and hearing, issue such rules as he deems appropriate for the supervision of this chapter. Whenever the commissioner finds that there has been a violation of this chapter or any rules issued pursuant to this chapter and after written notice thereof and hearing given to the insurer or other person authorized or licensed by the commissioner, he shall set forth the details of his findings together with an order for compliance by a specified date. Such order shall be binding on the insurer and other person authorized or licensed by the commissioner on the date specified unless sooner withdrawn by the commissioner or a stay thereof has been ordered by a court of competent jurisdiction. The provisions of sections 5, 6, 7, and 8 of this chapter shall not be operative until October 4, 1961, and the commissioner in his discretion may extend until not later than January 2, 1962, the initial period within which the provisions of sections 5, 6, 7, and 8 shall not be operative.

Formerly: Acts 1961, c.47, s.12. As amended by P.L.252-1985, SEC.300.
Ind. Code § 27-1-6.5-4 — Indiana Code / Title 27 / Article 1 / Chapter 6.5 / Section 27-1-6.5-4
Transfer of domicile to another state; requisites
Status: in_force

Sec. 4. Each insurer admitted to transact business in this state that transfers its domicile to any other state shall notify the commissioner of the proposed transfer and shall file promptly with him any necessary amendments to articles of incorporation, charters, bylaws, and other corporate documents.

As added by Acts 1980, P.L.170, SEC.1.
Ind. Code § 27-1-28-2 — Indiana Code / Title 27 / Article 1 / Chapter 28 / Section 27-1-28-2
Administrative rules
Status: in_force

Sec. 2. The commissioner may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.11-2011, SEC.22.
Ind. Code § 27-1-3.5-1 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-1
"Commissioner"
Status: in_force

Sec. 1. As used in this chapter, "commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2.

As added by P.L.244-1989, SEC.2.
Ind. Code § 27-1-12.7-5 — Indiana Code / Title 27 / Article 1 / Chapter 12.7 / Section 27-1-12.7-5
Issuance or issuance for delivery of funding agreements
Status: in_force

Sec. 5. A life insurance company may issue or issue for delivery in Indiana a funding agreement to the following:

(1) A person authorized by a state or foreign country to engage in an insurance business or a subsidiary of an insurance business.

(2) A person who uses the funding agreement for the purpose of funding:

(A) benefits under an employee benefit plan (as defined in the federal Employee Retirement Security Act of 1974, 29 U.S.C. 1001 et seq.);

(B) the activities of a nonprofit organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code or a similar nonprofit organization domiciled in a foreign country;

(C) a program of:

(i) the United States government;

(ii) a state government;

(iii) a political subdivision;

(iv) a foreign country; or

(v) an agency or instrumentality of the United States or a state government, a political subdivision, or a foreign country;

(D) an agreement providing for periodic payments in satisfaction of a claim;

(E) a program of an institution with assets exceeding twenty-five million dollars ($25,000,000);

(F) a program in which a business entity, including a trust:

(i) purchases and holds funding agreements; and

(ii) issues securities by using the funding agreement to finance or collateralize the securities; or

(G) any program or activity substantially similar to a program or an activity described in clauses (A) through (F) that is first authorized by the commissioner.

As added by P.L.178-2003, SEC.18.
Ind. Code § 27-1-36-5 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-5
"Company action level event"
Status: in_force

Sec. 5. As used in this chapter, "company action level event" has the meaning set forth in section 29 of this chapter.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-14.5-1-10 — Indiana Code / Title 27 / Article 14.5 / Chapter 1 / Section 27-14.5-1-10
"Commissioner"
Status: in_force

Sec. 10. "Commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-2-27-1 — Indiana Code / Title 27 / Article 2 / Chapter 27 / Section 27-2-27-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies after June 30, 2021.

As added by P.L.130-2020, SEC.10.
Ind. Code § 27-1-13-13 — Indiana Code / Title 27 / Article 1 / Chapter 13 / Section 27-1-13-13
Repealed
Status: repealed

Formerly: Acts 1935, c.162, s.180d; Acts 1947, c.269, s.4. Repealed by P.L.108-1985, SEC.1.
Ind. Code § 27-8-31-11 — Indiana Code / Title 27 / Article 8 / Chapter 31 / Section 27-8-31-11
Product filing and approval
Status: in_force

Sec. 11. (a) Insurers and third party filers seeking to have a product approved by the commission shall file the product with and pay applicable filing fees to the commission. Nothing in this chapter restricts or otherwise prevents an insurer from filing the insurer's product with the insurance department in any state where the insurer is licensed to conduct the business of insurance, and the filing is subject to the laws of the states where filed.

(b) The commission shall establish appropriate filing and review processes and procedures under commission rules and operating procedures. Notwithstanding any provision in this chapter to the contrary, the commission shall adopt rules to establish conditions and procedures under which the commission will provide public access to product filing information. In establishing any rules, the commission shall consider the interests of the public in having access to the information as well as protection of personal medical and financial information and trade secrets that may be contained in a product filing or supporting information.

(c) Any product approved by the commission may be sold or otherwise issued in the compacting states in which the insurer is legally authorized to do business.

As added by P.L.138-2005, SEC.3.
Ind. Code § 27-14.5-3-2 — Indiana Code / Title 27 / Article 14.5 / Chapter 3 / Section 27-14.5-3-2
Required vote of board of directors in favor of issuing stock
Status: in_force

Sec. 2. A plan to issue stock under this chapter must be adopted:

(1) by a vote of not less than two-thirds (2/3) of the members of the board of directors of the mutual insurance company; or

(2) in the case of a plan to issue shares of stock that is not concurrent with the formation of the mutual insurance holding company, by a vote of not less than two-thirds (2/3) of the members of the board of directors of the mutual insurance holding company and the reorganized insurer or intermediate stock holding company proposing to issue the stock.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-10-2-13 — Indiana Code / Title 27 / Article 10 / Chapter 2 / Section 27-10-2-13
Liability of bail agent or surety
Status: in_force

Sec. 13. All liability of the bail agent or surety may be enforced on motion without necessity of an independent action if conformance with sections 1 through 12 of this chapter is shown.

As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.10.
Ind. Code § 27-8-23-6 — Indiana Code / Title 27 / Article 8 / Chapter 23 / Section 27-8-23-6
Duties of insurer to noncustodial parent
Status: in_force

Sec. 6. Whenever a child has health coverage through an insurer of a noncustodial parent, the insurer shall:

(1) provide any information to the custodial parent that is necessary for the child to obtain benefits through the coverage;

(2) permit the custodial parent, or the provider of medical assistance services with the custodial parent's approval, to submit claims for covered services without the approval of the noncustodial parent; and

(3) make payments on insurance claims submitted under subdivision (2) directly to the:

(A) custodial parent;

(B) provider of the medical assistance services; or

(C) office of Medicaid policy and planning.

As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.
Ind. Code § 27-8-21-1 — Indiana Code / Title 27 / Article 8 / Chapter 21 / Section 27-8-21-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter applies to an advertisement that is broadcast, published, or otherwise presented to the general public in Indiana.

As added by P.L.1-1994, SEC.138.
Ind. Code § 27-13-15-1 — Indiana Code / Title 27 / Article 13 / Chapter 15 / Section 27-13-15-1
Contract requirements; enrollee coverage; payment of provider; rate schedule
Status: in_force

Sec. 1. (a) A contract between a health maintenance organization and a participating provider of health care services:

(1) must be in writing;

(2) may not prohibit the participating provider from disclosing:

(A) the terms of the contract as it relates to financial or other incentives to limit medical services by the participating provider; or

(B) all treatment options available to an insured, including those not covered by the insured's policy;

(3) may not provide for a financial or other penalty to a provider for making a disclosure permitted under subdivision (2); and

(4) must provide that in the event the health maintenance organization fails to pay for health care services as specified by the contract, the subscriber or enrollee is not liable to the participating provider for any sums owed by the health maintenance organization.

(b) An enrollee is not entitled to coverage of a health care service under a group or an individual contract unless that health care service is included in the enrollee's contract.

(c) A provider is not entitled to payment under a contract for health care services provided to an enrollee unless the provider has a contract or an agreement with the carrier.

(d) This subsection does not apply to a rate schedule maintained by state or federal government payers. A health maintenance organization that enters into a contract with a participating provider must provide the participating provider with a current reimbursement rate schedule:

(1) every two (2) years; and

(2) when three (3) or more CPT code (as defined in IC 27-1-37.5-3) rates under the contract change in a twelve (12) month period.

As added by P.L.26-1994, SEC.25. Amended by P.L.195-1996, SEC.7; P.L.192-1996, SEC.3; P.L.190-2023, SEC.33.
Ind. Code § 27-1-20-8 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-8
Deposits as a condition of doing business; definitions; securities; bank deposits with restricted withdrawal privileges
Status: in_force

Sec. 8. (a) The definitions set forth in this subsection apply throughout this section:

(1) "Broker dealer" means an entity that:

(A) is registered with and subject to the jurisdiction of the Securities and Exchange Commission;

(B) maintains membership in the Securities Investor Protection Corporation; and

(C) has a tangible net worth of at least two hundred fifty million dollars ($250,000,000).

(2) "Clearing corporation" means a corporation as defined in IC 26-1-8.1-102 except that with respect to securities issued by institutions organized or existing under the laws of any foreign country or securities used to meet the deposit requirements pursuant to the laws of a foreign country as a condition of doing business in the foreign country. "Clearing corporation" may include a corporation organized or existing under the laws of any foreign country and which is legally qualified under such laws to effect transactions in securities by computerized book entry.

(3) "Direct participant" means a bank, trust company, or safety deposit company approved by the commissioner which maintains an account in its name in a clearing corporation and through which an insurance company participates in a clearing corporation.

(4) "Federal Reserve book-entry system" means the computerized systems sponsored by the United States Department of the Treasury and certain agencies and instrumentalities of the United States for holding and transferring securities of the United States government and such agencies and instrumentalities, respectively, in Federal Reserve Banks through banks which are members of the Federal Reserve System, or which otherwise have access to such computerized systems.

(5) "Member bank" means a national bank, state bank, or trust company which is a member of the Federal Reserve System and through which an insurance company participates in the Federal Reserve book-entry system.

(6) "Securities" means instruments meeting the definition set forth in IC 26-1-8.1-102.

(b) Notwithstanding any other provision of law, a domestic insurance company may deposit or arrange for the safekeeping of securities held in or purchased for its general account and its separate accounts in a clearing corporation or the Federal Reserve book-entry system. When securities are deposited with a clearing corporation, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of such clearing corporation with any other securities deposited with such clearing corporation by any person, regardless of the ownership of such securities, and certificates representing securities of small denominations may be merged into one (1) or more certificates of larger denominations. The records of any member bank or broker dealer through which an insurance company holds securities in the Federal Reserve book-entry system, and the records of any custodian through which an insurance company holds securities in a clearing corporation, shall at all times show that such securities are held for such insurance company and for which accounts thereof. Ownership of, and other interests in, such securities may be transferred by bookkeeping entry on the books of such clearing corporation or in the Federal Reserve book-entry system without, in either case, physical delivery of certificates representing such securities.

(c) Any Indiana law requiring an insurance company operating under the laws of Indiana to deposit assets with the department shall be deemed complied with if such deposit is made pursuant to a written agreement between the insurance company and any bank, trust company or a safety deposit company and approved by the commissioner which limits withdrawals to those sanctioned and approved by the department. Deposits so made shall be credited by the department as deposits in its possession on the basis of the insurance company's affidavit describing such deposits as to amount and nature.

(d) Notwithstanding any other provisions of law, securities eligible for deposit under the insurance law of this state relating to deposit of securities by an insurance company as a condition of commencing or continuing to do an insurance business in this state may be deposited with a clearing corporation or held in the Federal Reserve book-entry system. Securities deposited with a clearing corporation or held in the Federal Reserve book-entry system and used to meet the deposit requirements under the insurance laws of this state shall be under the control of the commissioner and shall not be withdrawn by the insurance company without the approval of the commissioner. Any insurance company holding such securities in such manner shall provide to the commissioner evidence issued by its custodian or a member bank through which such insurance company has deposited securities with a clearing corporation or held in the Federal Reserve book-entry system, respectively, in order to establish that the securities are actually recorded in an account in the name of the custodian or other direct participant or member bank and evidence that the records of the custodian, other participant, or member bank reflect that such securities are held subject to the order of the commissioner.

(e) The commissioner of insurance is authorized to promulgate rules and regulations governing the deposit by insurance companies of securities with clearing corporations and in the Federal Reserve book-entry system.

Formerly: Acts 1935, c.162, s.255; Acts 1945, c.175, s.5; Acts 1957, c.22, s.1. As amended by Acts 1981, P.L.238, SEC.2; Acts 1982, P.L.164, SEC.1; P.L.255-1995, SEC.4; P.L.247-1995, SEC.24; P.L.11-2011, SEC.16; P.L.136-2018, SEC.164.
Ind. Code § 27-1-27-1.5 — Indiana Code / Title 27 / Article 1 / Chapter 27 / Section 27-1-27-1.5
Prohibited public adjuster actions
Status: in_force

Sec. 1.5. A public adjuster shall not:

(1) file an insurance claim with:

(A) an insurer; or

(B) an agent, employee, or representative of an insurer;

on behalf of an insured person;

(2) act in any manner in relation to claims for personal injury or automobile liability;

(3) bind the insured in the settlement of claims; or

(4) perform:

(A) the role of a roofing contractor;

(B) the role of an appraiser; or

(C) any other role;

with respect to the subject of a claim at the same time that the public adjuster is providing advice or assistance to an insured in the adjustment of the claim.

As added by P.L.226-2023, SEC.4.
Ind. Code § 27-1-37.5-28 — Indiana Code / Title 27 / Article 1 / Chapter 37.5 / Section 27-1-37.5-28
Automatic authorization for failure to comply with deadlines or requirements
Status: in_force

Sec. 28. If a utilization review entity fails to comply with the deadlines or other requirements under this chapter, the health care service subject to prior authorization shall be automatically deemed authorized by the utilization review entity.

As added by P.L.144-2025, SEC.36.
Ind. Code § 27-1-1.5-10 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-10
"Annual Statement Blank"
Status: in_force

Sec. 10. "Annual Statement Blank" refers to the document entitled "Annual Statement Blank" that is:

(1) adopted by the NAIC;

(2) in effect on January 1, 2018; and

(3) applicable to the kind of insurance to which the information contained in the document applies.

As added by P.L.124-2018, SEC.1.
Ind. Code § 27-1-29-8 — Indiana Code / Title 27 / Article 1 / Chapter 29 / Section 27-1-29-8
Expenses incurred; payment
Status: in_force

Sec. 8. (a) All expenses incurred by the commission in administering the fund under this chapter shall be paid from the fund.

(b) All expenses incurred by the commission in administering the political subdivision catastrophic liability fund established by IC 27-1-29.1 shall be paid from the political subdivision catastrophic liability fund.

(c) All expenses incurred by the commission that are not incurred directly in connection with the administration of the political subdivision risk management fund or the political subdivision catastrophic liability fund shall be paid equally from each fund.

As added by P.L.162-1986, SEC.1. Amended by P.L.272-1987, SEC.3.
Ind. Code § 27-8-19.8-9 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-9
License required for viatical settlement providers
Status: repealed

Sec. 9. After December 31, 1998, a person may not act as a viatical settlement provider unless the person holds an unexpired license issued under this chapter.

As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.13.
Ind. Code § 27-1-37.5-2 — Indiana Code / Title 27 / Article 1 / Chapter 37.5 / Section 27-1-37.5-2
"Covered individual"
Status: in_force

Sec. 2. As used in this chapter, "covered individual" means an individual who is covered under a health plan. The term includes a covered individual's legally authorized representative.

As added by P.L.77-2018, SEC.2. Amended by P.L.144-2025, SEC.8.
Ind. Code § 27-1-20-17 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-17
Repealed
Status: repealed

Formerly: Acts 1935, c.162, s.266. Repealed by Acts 1978, P.L.2, SEC.2728.
Ind. Code § 27-13-32-1 — Indiana Code / Title 27 / Article 13 / Chapter 32 / Section 27-13-32-1
Acquisition of control of health maintenance organization or limited service health maintenance organization
Status: in_force

Sec. 1. (a) This section does not apply to a health maintenance organization or a limited service health maintenance organization that is a foreign corporation.

(b) As used in this section, "foreign corporation" means a corporation organized or reorganized under the law of a state or jurisdiction other than Indiana.

(c) A person may not acquire control, as that term is defined in IC 27-1-23-1, of a health maintenance organization or a limited service health maintenance organization unless:

(1) that person complies with the requirements of IC 27-1-23-2; and

(2) the acquisition is approved by the commissioner under the procedure set forth in IC 27-1-23-2.

As added by P.L.26-1994, SEC.25. Amended by P.L.185-1996, SEC.17; P.L.203-2001, SEC.30.
Ind. Code § 27-8-5-31 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-31
Repealed
Status: repealed

As added by P.L.19-2016, SEC.4. Repealed by P.L.114-2020, SEC.18.
Ind. Code § 27-8-5-15.7 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-15.7
Exemption of policies or contracts from laws resulting in certain annual premium increases
Status: in_force

Sec. 15.7. (a) The department shall exempt a policy or contract issued by an insurer or health maintenance organization under IC 5-10-8-9, section 15.6 of this chapter, or IC 27-13-7-14.8 by documenting to the department that compliance with the requirements of IC 5-10-8-9(c), section 15.6(d) of this chapter, or IC 27-13-7-14.8(d) have increased the annual premium or rates charged for the policy or health maintenance organization contract by more than four percent (4%) per year. An insurer or a health maintenance organization that applies for an exemption under this section shall provide documentation that is certified by an independent member of the American Academy of Actuaries of actual mental health claims incurred for a period of not less than six (6) months to substantiate the insurer's or health maintenance organization's assertion of increased claims and administrative costs by more than four percent (4%) per year.

(b) Documents submitted under this section must be available for public inspection.

As added by P.L.81-1999, SEC.4.
Ind. Code § 27-1-6.5-5 — Indiana Code / Title 27 / Article 1 / Chapter 6.5 / Section 27-1-6.5-5
Transfer of domicile to this or another state; effectiveness of certificate of authority
Status: in_force

Sec. 5. When any insurer admitted to transact business in this state transfers its domicile to this or any other state, its certificate of authority, insurance producers' appointments and licenses, policy forms, rates, authorizations, and other filings and approvals which existed at the time of the transfer, remain in effect after the transfer of domicile occurs.

As added by Acts 1980, P.L.170, SEC.1. Amended by P.L.178-2003, SEC.15.
Ind. Code § 27-1-50.3-8 — Indiana Code / Title 27 / Article 1 / Chapter 50.3 / Section 27-1-50.3-8
Payment of fee; notification of assessment
Status: in_force

Sec. 8. (a) A managed care organization that is assessed under this chapter for a state fiscal year shall pay the assessment in monthly installments, each equaling one-twelfth (1/12) of the assessment for the state fiscal year, on the first business day of each calendar month of the state fiscal year.

(b) Not later than thirty (30) days before the start of each state fiscal year, the office shall notify each managed care organization of the managed care organization's annual assessment and the installment due dates for the assessment.

As added by P.L.216-2025, SEC.47.
Ind. Code § 27-1-3-22 — Indiana Code / Title 27 / Article 1 / Chapter 3 / Section 27-1-3-22
Fraudulent insurance act; definition; liability
Status: in_force

Sec. 22. (a) As used in this section, "fraudulent insurance act" means:

(1) the preparation or presentation of a written statement as part of, or in support of:

(A) a fraudulent application for the issuance or rating of a policy of commercial insurance; or

(B) a fraudulent claim under a policy of commercial or personal insurance; or

(2) the concealment, for the purpose of misleading, of information concerning any fact material to an application or claim described in subdivision (1).

(b) As used in this section, "fraudulent insurance act" includes the act or omission of a person who, knowingly and with intent to defraud, does any of the following:

(1) Presents, causes to be presented, or prepares with knowledge or belief that it will be presented, to or by an insurer, a reinsurer, a purported insurer or reinsurer, a broker, or an agent of an insurer, reinsurer, purported insurer or reinsurer, or broker, an oral or written statement that the person knows to contain materially false information as part of, in support of, or concerning any fact that is material to:

(A) an application for the issuance of an insurance policy;

(B) the rating of an insurance policy;

(C) a claim for payment or benefit under an insurance policy;

(D) premiums paid on an insurance policy;

(E) payments made in accordance with the terms of an insurance policy;

(F) an application for a certificate of authority;

(G) the financial condition of an insurer, a reinsurer, or a purported insurer or reinsurer; or

(H) the acquisition of an insurer or a reinsurer;

or conceals any information concerning a subject set forth in clauses (A) through (H).

(2) Solicits or accepts new or renewal insurance risks by or for an insolvent insurer, reinsurer, or other entity regulated under this title.

(3) Removes or attempts to remove:

(A) the assets;

(B) the record of assets, transactions, and affairs; or

(C) a material part of the assets or the record of assets, transactions, and affairs;

of an insurer, a reinsurer, or another entity regulated under this title, from the home office, other place of business, or place of safekeeping of the insurer, reinsurer, or other regulated entity, or conceals or attempts to conceal from the department assets or records referred to in clauses (A) through (C).

(4) Diverts, attempts to divert, or conspires to divert funds of an insurer, a reinsurer, another entity regulated under the Indiana Code, or other persons, in connection with any of the following:

(A) The transaction of insurance or reinsurance.

(B) The conduct of business activities by an insurer, a reinsurer, or another entity regulated under this title.

(C) The formation, acquisition, or dissolution of an insurer, a reinsurer, or another entity regulated under this title.

(c) A person or entity regulated under this title that has knowledge or a reasonable belief that a fraudulent insurance act is being or has been committed shall furnish the information to:

(1) the department; or

(2) the National Insurance Crime Bureau;

not later than sixty (60) days after the person receives notice of the fraudulent insurance act. If the National Insurance Crime Bureau receives information under this subsection, the National Insurance Crime Bureau shall disclose the information to the department.

(d) A person or entity who acts without malice, fraudulent intent, or bad faith is not subject to civil or criminal liability for filing a report or furnishing, orally or in writing, other information concerning a suspected, anticipated, or completed fraudulent insurance act if the report or other information is provided to or received from any of the following:

(1) The department or an agent, an employee, or a designee of the department.

(2) Law enforcement officials or an agent or employee of a law enforcement official.

(3) The National Association of Insurance Commissioners.

(4) Any agency or bureau of federal or state government established to detect and prevent fraudulent insurance acts.

(5) Any other organization established to detect and prevent fraudulent insurance acts.

(6) The National Insurance Crime Bureau.

(7) Any person or entity regulated under this title.

(8) An agent, an employee, or a designee of an entity referred to in subdivisions (3) through (7).

(e) This section does not abrogate or modify in any way any common law or statutory privilege or immunity.

As added by P.L.159-1986, SEC.2. Amended by P.L.121-1992, SEC.1; P.L.86-2026, SEC.1.
Ind. Code § 27-2-5-1 — Indiana Code / Title 27 / Article 2 / Chapter 5 / Section 27-2-5-1
Spendthrift laws; exemption from judicial process
Status: in_force

Sec. 1. (a) As used in this section, "premium" includes any deposit or contribution.

(b) No person entitled to receive benefits under a life insurance or life annuity contract, or under a written agreement supplemental thereto, issued by domestic life insurance company, shall be permitted to commute, anticipate, encumber, alienate, or assign such benefits, if the right to do so is expressly prohibited or withheld by a provision contained in such contract or supplemental agreement. And if such contract, policy, or supplemental agreement so provides, such benefits, except when payable to the person who provided the consideration for such contract, shall not be subject to such persons' debts, contracts, or engagements, nor to any judicial process to levy upon or attach the same for payment thereof.

(c) A premium paid for an individual life insurance policy that names as a beneficiary, or is legally assigned to, a spouse, child, or relative who is dependent upon the policy owner is not exempt from the claims of the creditors of the policy owner if the premium is paid:

(1) not more than one (1) year before the date of the filing of a voluntary or involuntary petition by; or

(2) to defraud the creditors of;

the policy owner.

(d) The insurer issuing the policy is discharged from all liability by payment of the proceeds and avails of the policy (as defined in IC 27-1-12-14(b)) in accordance with the terms of the policy unless, before payment, the insurer has received at the insurer's home office, written notice by or on behalf of a creditor of the policy owner that specifies the amount claimed against the policy owner.

Formerly: Acts 1931, c.20, s.1. As amended by P.L.253-1995, SEC.3.
Ind. Code § 27-15-1-13 — Indiana Code / Title 27 / Article 15 / Chapter 1 / Section 27-15-1-13
"RBC level"
Status: in_force

Sec. 13. "RBC level" has the meaning set forth in IC 27-1-36-18.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-1-5-2 — Indiana Code / Title 27 / Article 1 / Chapter 5 / Section 27-1-5-2
Management of segregated investment account
Status: in_force

Sec. 2. Notwithstanding any other provisions of this article, any company which has established or establishes on or after March 8, 1935, a segregated investment account of assets as authorized in Class 1(c) of section 1 of this chapter may provide that such segregated investment account of assets shall be managed by a committee, board, or similarly designated body, the members of which need not be otherwise affiliated with such company or its board of directors and the members of which may be elected solely by the owners of the contracts issued and outstanding under such account, and may further provide that each contract owner under such account shall have the right, with respect to the election of members of such committee, board, or body and with respect to other matters pertaining only to such account, to vote a number of votes proportionate to the value of the contract owner's interest in the account in the manner provided by such rules as may be adopted by such committee, board, or body.

Formerly: Acts 1935, c.162, s.59a; Acts 1967, c.127, s.6. As amended by P.L.252-1985, SEC.13.
Ind. Code § 27-1-6-13 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-13
Requirements for commencing business or incurring indebtedness; liability for violations
Status: in_force

Sec. 13. Any company organized under this article shall not transact any business or incur any indebtedness until:

(a) one (1) of the triplicate copies of the articles of incorporation, bearing the approval of the department and the attorney general and the endorsement of the approval of the secretary of state, as provided in section 10 of this chapter has been filed for record with the county recorder of the county in which the principal office is located; and

(b) a certified copy of the permit for completion of organization, issued pursuant to section 11 of this chapter, shall be filed for record with the county recorder of the county in which the principal office is located, which certified copy shall be evidence only that the company has been authorized to proceed in the completion of its organization.

If a company transacts any business or incurs any indebtedness in violation of this section, the officers who participated in the transaction of business or incurring the indebtedness and the directors, except those who dissented from transacting the business or incurring the indebtedness and caused their dissent to be filed at the time in the principal office of the company or who, being absent, filed their dissent upon learning of the action, shall be severally liable for the debts or liabilities of the company so incurred or arising from transacting the business or incurring the indebtedness.

Formerly: Acts 1935, c.162, s.73. As amended by P.L.252-1985, SEC.23; P.L.136-2018, SEC.146.
Ind. Code § 27-1-30-4 — Indiana Code / Title 27 / Article 1 / Chapter 30 / Section 27-1-30-4
"Foster parent" defined
Status: in_force

Sec. 4. As used in this chapter, "foster parent" means a person who holds a license to operate a foster family home under IC 31-27.

As added by P.L.270-1987, SEC.2. Amended by P.L.99-1988, SEC.24; P.L.2-1992, SEC.782; P.L.81-1992, SEC.35; P.L.1-1993, SEC.200; P.L.61-1993, SEC.64; P.L.145-2006, SEC.165.
Ind. Code § 27-19-2-2 — Indiana Code / Title 27 / Article 19 / Chapter 2 / Section 27-19-2-2
"Administrator"
Status: in_force

Sec. 2. "Administrator" refers to the administrator of the office of Medicaid policy and planning appointed under IC 12-8-6.5-2.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-6-9-6 — Indiana Code / Title 27 / Article 6 / Chapter 9 / Section 27-6-9-6
Reinsurance intermediary
Status: in_force

Sec. 6. As used in this chapter, "reinsurance intermediary" means:

(1) a reinsurance intermediary-broker; or

(2) a reinsurance intermediary-manager.

As added by P.L.26-1991, SEC.26.
Ind. Code § 27-19-4-6 — Indiana Code / Title 27 / Article 19 / Chapter 4 / Section 27-19-4-6
Application organization application for registration
Status: in_force

Sec. 6. (a) Before acting as an application organization in Indiana, an entity must be registered as an application organization as follows:

(1) The entity must apply for registration as an application organization on a form prescribed by the commissioner.

(2) The entity's application for registration:

(A) must be signed by an individual who is an owner, partner, officer, director, member, or manager of the entity, under penalty of denial, suspension, or revocation of registration; and

(B) must declare that the statements made in the application are true, correct, and complete to the best of the signing individual's knowledge and belief.

(b) Before approving an application submitted under subsection (a), the commissioner shall:

(1) verify that the entity is in good standing with the Indiana secretary of state; and

(2) determine whether the entity meets the following requirements:

(A) The entity has paid the nonrefundable fee established under section 7 of this chapter.

(B) The entity has designated a certified navigator to be responsible for the entity's compliance with this chapter.

(C) The entity has not committed any act described in section 3 of this chapter that would be grounds for denial, suspension, or revocation of registration.

(D) No owner, partner, officer, director, member, or manager of the entity has committed an act described in clause (C) or in section 3 of this chapter that would be grounds for denial, suspension, or revocation of certification as a navigator under this chapter.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-1-20-7 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-7
Withdrawal from deposit to pledge for loan; effect; redeposit
Status: in_force

Sec. 7. Nothing in this article shall prevent a life insurance company, with the commissioner's consent, from withdrawing investments from deposit for the purpose of pledging them for a loan or loans, in which case the difference between the deposit value of such investments and the amount of the obligation or obligations thereby secured shall, unless and until such pledge is foreclosed, continue as a deposit credit, and when such investments are offered for deposit they shall be reinstated in all respects to their former status as a deposit.

Formerly: Acts 1935, c.162, s.254. As amended by P.L.252-1985, SEC.89.
Ind. Code § 27-5.1-4-3 — Indiana Code / Title 27 / Article 5.1 / Chapter 4 / Section 27-5.1-4-3
Kinds of insurance coverage
Status: in_force

Sec. 3. An extended company may:

(1) insure the property of policyholders of the extended company against loss or damage that is caused by:

(A) fire;

(B) windstorm;

(C) causes specified under an extended coverage provision; and

(D) other perils that are specified in the policy form;

(2) insure the property of policyholders of the extended company against:

(A) loss of use;

(B) loss of occupancy;

(C) loss of rents; and

(D) additional expenses;

that result from direct loss or damage to covered property; and

(3) provide other kinds of insurance that are approved by the commissioner.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-8-8-4 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-4
Board of directors
Status: in_force

Sec. 4. (a) The board of directors of the association shall consist of not less than seven (7) nor more than eleven (11) member insurers serving terms established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the commissioner.

(b) Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner.

(c) To select the initial board and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. At the organizational meeting, each member insurer is entitled to one (1) vote in person or by proxy. If the board is not selected within sixty (60) days after notice of the organizational meeting, the commissioner may appoint the initial members of the board.

(d) In approving selections to the board, the commissioner shall consider whether all member insurers are fairly represented.

(e) Members of the board may be reimbursed from the assets of the association for expenses incurred by the members as members of the board. The association shall not otherwise compensate members of the board for the members' services on the board.

As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.193-2006, SEC.13; P.L.208-2018, SEC.16.
Ind. Code § 27-2-25-3 — Indiana Code / Title 27 / Article 2 / Chapter 25 / Section 27-2-25-3
"Good faith estimate"
Status: in_force

Sec. 3. As used in this chapter, "good faith estimate" means a health carrier's reasonable estimate of:

(1) the amount of the cost of a nonemergency health care service that the health carrier will:

(A) pay for; or

(B) reimburse to;

a covered individual; or

(2) the applicable benefit limitations of the nonemergency health care service a covered individual is entitled to receive;

that a health carrier provides upon request to a covered individual for whom a nonemergency health care service has been ordered.

As added by P.L.93-2020, SEC.13.
Ind. Code § 27-13-9-2 — Indiana Code / Title 27 / Article 13 / Chapter 9 / Section 27-13-9-2
Notice of change in operation of health maintenance organization
Status: in_force

Sec. 2. Not more than thirty (30) days after any material change in the operation of a health maintenance organization that will directly affect the subscribers or enrollees of the organization, the health maintenance organization shall provide notice of the change to the subscribers or enrollees affected by the change.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-9-3.1-4 — Indiana Code / Title 27 / Article 9 / Chapter 3.1 / Section 27-9-3.1-4
"Contractual right"
Status: in_force

Sec. 4. As used in this chapter, "contractual right" includes the following:

(1) A right set forth in a rule, bylaw, or resolution of the governing board of any of the following:

(A) A derivatives clearing organization (as defined in the federal Commodity Exchange Act (7 U.S.C. 1 et seq.)).

(B) A multilateral clearing organization (as defined in the Federal Deposit Insurance Corporation Improvement Act (12 U.S.C. 1821)).

(C) A national securities exchange, national securities association, or securities clearing agency.

(D) A contract market designated under the federal Commodity Exchange Act (7 U.S.C. 1 et seq.).

(E) A derivatives transaction execution facility registered under the federal Commodity Exchange Act (7 U.S.C. 1 et seq.).

(F) A board of trade (as defined in the federal Commodity Exchange Act (7 U.S.C. 1 et seq.)).

(2) A right, regardless of whether evidenced in writing, arising:

(A) under statutory or common law;

(B) under the law merchant; or

(C) by reason of normal business practice.

As added by P.L.11-2011, SEC.36.
Ind. Code § 27-1-36-45 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-45
Confidential information
Status: in_force

Sec. 45. (a) Because they contain information that might be damaging to an insurer if made available to the insurer's competitors, the following are declared confidential for purposes of IC 5-14-3-4 and are not subject to inspection and copying by the public under IC 5-14-3-3:

(1) An RBC report filed with the commissioner under this chapter, to the extent that the information in the report is not required to be provided in a publicly available annual statement schedule.

(2) An RBC plan filed with the commissioner under this chapter, including:

(A) the results or report of any examination or analysis of an insurer performed under the plan; and

(B) any corrective order issued by the commissioner under the examination or analysis.

(b) The information described in subsection (a):

(1) must be kept confidential by the commissioner;

(2) shall not be made public; and

(3) is not:

(A) subject to subpoena;

(B) subject to discovery in a private civil action; or

(C) admissible in evidence in a private civil action;

other than by the commissioner and then only for the purpose of enforcement actions taken by the commissioner under this chapter or another provision of this title.

(c) The commissioner, or a person receiving documents, materials, or other information while acting under the authority of the commissioner, is not permitted or required to testify in a private civil action concerning confidential information described in subsection (a).

(d) The commissioner may disclose documents, materials, and other information, including the information described in subsection (a), to:

(1) other state, federal, and international regulatory agencies;

(2) the NAIC and affiliates and subsidiaries of the NAIC; and

(3) state, federal, and international law enforcement authorities;

if the recipient agrees to maintain the confidential and privileged status of the documents, materials, and other information.

(e) The commissioner:

(1) may receive documents, materials, and other information, including confidential and privileged documents, materials, and information, from:

(A) other state, federal, and international regulatory agencies;

(B) the NAIC and affiliates and subsidiaries of the NAIC; and

(C) other state, federal, and international law enforcement authorities; and

(2) shall maintain as confidential or privileged all documents, materials, and other information received with notice or the understanding that the documents, materials, and information are confidential or privileged under the law of the jurisdiction that is the source of the documents, materials, and information.

(f) Any applicable privilege or claim of confidentiality in documents, materials, or information described in this section is not waived as a result of the disclosure or receipt of the documents, materials, or information by the commissioner under this section.

As added by P.L.186-1996, SEC.1. Amended by P.L.276-2013, SEC.28.
Ind. Code § 27-8-21-2 — Indiana Code / Title 27 / Article 8 / Chapter 21 / Section 27-8-21-2
Statement of period of interest rate guarantee required
Status: in_force

Sec. 2. An advertisement that refers to an interest rate guarantee applying to a life insurance product or to an annuity contract must state the period for which the interest rate is guaranteed.

As added by P.L.1-1994, SEC.138.
Ind. Code § 27-13-40-1 — Indiana Code / Title 27 / Article 13 / Chapter 40 / Section 27-13-40-1
Availability of comparison sheets
Status: in_force

Sec. 1. Beginning January 1, 2000, each health maintenance organization shall make available a health maintenance organization comparison sheet for each policy or contract that either covers or is marketed to an Indiana resident or the resident's employer.

As added by P.L.69-1998, SEC.18.
Ind. Code § 27-1-6-16 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-16
Extension of charter powers and licenses; limitation of actions
Status: in_force

Sec. 16. (a) The charter powers and licenses of any domestic insurers authorized to market one or more kinds of insurance or reinsurance under Class II or Class III and meeting the requirements set out in section 14 or 15 of this chapter may be broadened and extended hereunder to include the right, power and authority to make any one or more of the kinds of insurance and reinsurance specified in both Class II and Class III of IC 27-1-5-1.

(b) Any domestic company authorized to insure against loss or damage by fire, which has been actively engaged in the fire insurance business continuously for ten (10) years or more, or whose predecessor or predecessors, if any prior to merger or consolidation, shall have been so engaged for such period, may, if it complies with the provisions of this subsection and without complying with the capitalization and surplus requirements of section 14 or section 15 of this chapter, insure against loss or damage to dwellings and appurtenant structures and to the contents thereof and any other personal property of a similar nature of the insured or of the members of his household, resulting from any peril, and may, in connection with making such insurance, also make insurance against the legal liability of the insured or of the members of his household, and for any medical, surgical and hospital expenses of any person other than the insured or such members, arising out of nonbusiness pursuits of the insured or such members or out of the condition of, or acts performed by the insured or such members on such dwellings and appurtenant structures and the real estate on which each is located. Where a company is entitled to make such additional insurance solely by virtue of this subsection, it shall not make such insurance unless it has made reinsurance arrangements satisfactory to the commissioner whereby all of such additional insurance is reinsured with a company which is qualified under IC 27-1 to make reinsurance of such additional kind of insurance. The charter powers and licenses of any domestic insurer meeting the requirements set out in this subsection may be broadened and extended hereunder to include the right, power and authority to make any one or more of the kinds of insurance permitted by this subsection.

(c) No policy issued by a mutual company including a farm mutual insurance company, shall be required to contain a provision limiting the time within which suit against the insurer on such policy must be filed.

Formerly: Acts 1935, c.162, s.75 1/2; Acts 1947, c.50, s.1; Acts 1957, c.265, s.2; Acts 1967, c.233, s.2. As amended by Acts 1977, P.L.282, SEC.3; P.L.129-2003, SEC.2.
Ind. Code § 27-2-17-4 — Indiana Code / Title 27 / Article 2 / Chapter 17 / Section 27-2-17-4
"Property or casualty insurance" defined
Status: in_force

Sec. 4. As used in this chapter, "property or casualty insurance" means a type of insurance described in Class 2 and Class 3 of IC 27-1-5-1. However, the term does not mean insurance described in Class 2(a) of IC 27-1-5-1.

As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48.