Ind. Code § 27-8-16-7 — Indiana Code / Title 27 / Article 8 / Chapter 16 / Section 27-8-16-7
Minimum claim review agent requirements
Status: in_force

Sec. 7. A claim review agent must satisfy the following minimum requirements:

(1) Provide toll free telephone access at least forty (40) hours each week during normal business hours.

(2) Maintain a telephone call recording system capable of accepting or recording incoming telephone calls or providing instructions during hours other than normal business hours.

(3) Respond to each telephone call left on the recording system maintained under subdivision (2) within two (2) business days after receiving the call.

(4) Protect the confidentiality of the medical records disclosed to the claim review agent.

(5) Include in every notification of a medical review determination based on the appropriateness of health care services delivered to an enrollee the principal reason for the determination.

(6) Ensure that every medical claims review determination based on the appropriateness of health care services delivered to an enrollee is:

(A) made by a provider; or

(B) determined in accordance with standards or guidelines approved by a provider;

who holds a license in the same discipline as the provider who rendered the service.

(7) Include in every notification of a medical review determination based on the appropriateness of the amount charged for a health care service delivered to an enrollee the following:

(A) An explanation of the factual basis for the determination.

(B) If the determination is based on any information from a claims data base, the name and address of the person or entity compiling the data base.

(C) If the determination is based on any information from a claims data base, a statement whether any of the information was obtained from a data base regarding amounts charged for health services performed outside Indiana.

(D) Any percentile limiter applied to determine the appropriateness of an amount charged for a health service provided to an enrollee.

(8) Ensure that every provider referred to in subdivision (6) who makes medical claims review determinations or approves standards or guidelines for medical claims review determinations for the claim review agent has a current license issued by a state licensing agency in the United States.

(9) Develop a medical claims review plan and file a summary of the plan with the department.

As added by P.L.128-1992, SEC.2. Amended by P.L.135-1994, SEC.2.
Ind. Code § 27-8-31.4-6 — Indiana Code / Title 27 / Article 8 / Chapter 31.4 / Section 27-8-31.4-6
Coverage of synchronization
Status: in_force

Sec. 6. A policy of accident and sickness insurance must provide coverage for a medication that is dispensed in a quantity that allows synchronization of the covered individual's medications in accordance with a plan made between the covered individual and the pharmacy to synchronize the covered individual's medications for chronic conditions.

As added by P.L.202-2017, SEC.20.
Ind. Code § 27-1-7-8 — Indiana Code / Title 27 / Article 1 / Chapter 7 / Section 27-1-7-8
Voting rights of shareholders; shares that cannot be voted; voting by particular shareholders; proxy votes
Status: in_force

Sec. 8. (a) Except as otherwise provided in the articles of incorporation or in this section, every shareholder in a stock insurance company shall have the right, at every shareholders' meeting, to one (1) vote for each share of stock standing in the shareholder's name on the books of the corporation. No share shall be voted at any meeting:

(1) which shall have been transferred on the books of the corporation within such number of days, not exceeding fifty (50), next preceding the date of such meeting as the board of directors shall determine, or, in the absence of such determination, within ten (10) days next preceding the date of such meeting; or

(2) which belongs to the corporation that issued it.

(b) Shares standing in the name of a corporation, other than the issuing corporation, may be voted by such officer, agent or proxy as the board of directors of such corporation may appoint or as the by-laws of such corporation may prescribe.

(c) Shares held by fiduciaries may be voted by the fiduciaries in such manner as the instrument or order appointing such fiduciaries may direct. In the absence of such direction, or the inability of the fiduciaries to act in accordance therewith, the following provisions shall apply:

(1) Where shares are held jointly by three (3) or more fiduciaries, such shares shall be voted in accordance with the will of the majority.

(2) Where the fiduciaries, or a majority of them, can not agree, or where they are equally divided upon the question of voting such shares, any court having general equity jurisdiction may, upon petition filed by any of such fiduciaries, or by any party in interest, direct the voting of such shares as it may deem to be for the best interest of the beneficiaries, and such shares shall be voted in accordance with such direction.

(d) Unless otherwise provided in the agreement of pledge, or in the by-laws of the corporation, shares that are pledged may be voted by the shareholder pledging such shares until the shares shall have been transferred to the pledgee on the books of the corporation, and thereafter such shares may be voted by the pledgee.

(e) Shares issued and held in the names of two (2) or more persons shall be voted in accordance with the will of the majority, and if a majority of them can not agree, or if they are equally divided as to the voting of such shares, the shares shall be divided equally between or among such persons for voting purposes.

(f) A shareholder, including any fiduciary, may vote either in person or by proxy executed in writing by the shareholder or a duly authorized attorney in fact. Unless a longer time is expressly provided in the proxy, a proxy is not valid after eleven (11) months from the date of its execution.

Formerly: Acts 1935, c.162, s.86. As amended by Acts 1981, P.L.234, SEC.1; P.L.136-2018, SEC.149.
Ind. Code § 27-8-27-9 — Indiana Code / Title 27 / Article 8 / Chapter 27 / Section 27-8-27-9
Payment of deductibles, copayments, or other expenses
Status: in_force

Sec. 9. The first steps program may pay required deductibles, copayments, or other out-of-pocket expenses for a first steps child directly to a provider. An insurer (as defined in IC 27-8-14.5-3) shall apply any payments made by the first steps program to the health insurance plan's deductibles, copayments, or other out-of-pocket expenses according to the terms and conditions of the health insurance plan.

As added by P.L.121-1999, SEC.13.
Ind. Code § 27-1-37.3-5 — Indiana Code / Title 27 / Article 1 / Chapter 37.3 / Section 27-1-37.3-5
"Health plan"
Status: in_force

Sec. 5. (a) As used in this chapter, "health plan" means a plan through which coverage is provided for health care services through insurance, prepayment, reimbursement, or otherwise. The term includes the following:

(1) An employee welfare benefit plan (as defined in 29 U.S.C. 1002 et seq.).

(2) A policy of accident and sickness insurance (as defined in IC 27-8-5-1).

(3) An individual contract (as defined in IC 27-13-1-21) or a group contract (as defined in IC 27-13-1-16).

(b) The term does not include the following:

(1) Accident-only, credit, 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 issued as an individual 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 a stipulated daily, weekly, or monthly payment to an insured during hospital confinement, without regard to the actual expense of the confinement.

As added by P.L.55-2008, SEC.1. Amended by P.L.288-2019, SEC.1.
Ind. Code § 27-4-10-5 — Indiana Code / Title 27 / Article 4 / Chapter 10 / Section 27-4-10-5
"Health insurance plan"
Status: in_force

Sec. 5. (a) As used in this chapter, "health insurance plan" means:

(1) a policy of accident and sickness insurance (as defined in IC 27-8-5-1);

(2) an individual contract or a group contract with a health maintenance organization under IC 27-13;

(3) a:

(A) policy of accident and sickness insurance; or

(B) limited service health maintenance organization (as defined in IC 27-13-34-4);

that provides coverage for dental care services; or

(4) another plan or program that provides payment, reimbursement, or indemnification for the costs of health care items or services.

(b) The term does not include the following:

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

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

(3) Automobile medical payment insurance.

(4) A specified disease policy.

(5) 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).

(6) 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.

(7) Worker's compensation or similar insurance.

(8) A student health plan.

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

(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.

(11) The Medicaid program.

As added by P.L.31-2021, SEC.4.
Ind. Code § 27-2-16-3 — Indiana Code / Title 27 / Article 2 / Chapter 16 / Section 27-2-16-3
Claim forms; statement of false claim constituting fraud; effect of absence of statement
Status: in_force

Sec. 3. (a) All preprinted claim forms provided by an insurer to a claimant that are required as a condition of payment of a claim must contain a statement that clearly states in substance the following:

"A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony.".

(b) The lack of a statement required under subsection (a) does not constitute a defense against a prosecution under IC 35-43-5.

As added by P.L.193-1991, SEC.1. Amended by P.L.181-2005, SEC.1; P.L.174-2021, SEC.24.
Ind. Code § 27-1-29-14 — Indiana Code / Title 27 / Article 1 / Chapter 29 / Section 27-1-29-14
Eligibility and guidelines for payment from fund
Status: in_force

Sec. 14. (a) In order to be eligible for payment under this chapter, a liability of a political subdivision must arise out of a claim based upon an act or omission that takes place while the political subdivision is a member of the fund.

(b) The maximum amount payable from the fund for any liability, whether or not it is covered under IC 34-13-3 (or IC 34-4-16.5 before its repeal), is:

(1) for injury, death, or damage suffered by any one (1) person as a result of the act or omission from which the liability arises:

(A) three hundred thousand dollars ($300,000) for a cause of action that accrues before January 1, 2006;

(B) five hundred thousand dollars ($500,000) for a cause of action that accrues on or after January 1, 2006, and before January 1, 2008; or

(C) seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and

(2) one million dollars ($1,000,000) for all injury, death, or damage suffered by all persons as a result of the act or omission from which the liability arises.

(c) No amount may be paid from the fund in respect of punitive damages paid by or assessed against a member of the fund.

(d) No amount may be paid from the fund in the case of a liability based upon bodily injury or property damage arising out of the discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases, waste materials, or other irritants, contaminants, or pollutants into or upon land, the atmosphere, or any watercourse or body of water unless the discharge, dispersal, release, or escape:

(1) is caused by an act or omission of a political subdivision that is a member of the fund; and

(2) occurs as a result of:

(A) a household hazardous waste; or

(B) a conditionally exempt small quantity generator (as described in 40 CFR 261.5(a));

collection, disposal, or recycling project conducted by or controlled by the political subdivision.

(e) The commissioner may pay a liability of a member of the fund in a series of annual payments. The amount of any annual payment under this subsection must be one hundred thousand dollars ($100,000) or more, except for the final payment in a series of payments.

(f) The commission may negotiate a structured settlement of any claim.

(g) As used in this section, "household hazardous waste" means solid waste generated by households that consists of or contains a material that is:

(1) ignitable, as described in 40 CFR 261.21;

(2) corrosive, as described in 40 CFR 261.22;

(3) reactive, as described in 40 CFR 261.23; or

(4) toxic, as described in 40 CFR 261.24.

As added by P.L.162-1986, SEC.1. Amended by P.L.273-1987, SEC.1; P.L.256-1995, SEC.1; P.L.1-1998, SEC.145; P.L.108-2003, SEC.1.
Ind. Code § 27-7-9-5.4 — Indiana Code / Title 27 / Article 7 / Chapter 9 / Section 27-7-9-5.4
"Type of insurance described in Class 3(a) of IC 27-1-5-1"
Status: in_force

Sec. 5.4. As used in this chapter, "type of insurance described in Class 3(a) of IC 27-1-5-1" does not include flood insurance.

As added by P.L.286-2019, SEC.3.
Ind. Code § 27-8-27-5 — Indiana Code / Title 27 / Article 8 / Chapter 27 / Section 27-8-27-5
"Insured" defined
Status: in_force

Sec. 5. As used in this chapter, "insured" means an individual covered by a health insurance plan.

As added by P.L.121-1999, SEC.13.
Ind. Code § 27-7-3-10 — Indiana Code / Title 27 / Article 7 / Chapter 3 / Section 27-7-3-10
Deficiency in title insurance reserve fund
Status: in_force

Sec. 10. Whenever the amount of the title insurance reserve fund of any such company shall fall below the amount required in section 9 of this chapter, no further title insurance shall be made or issued by such company until the deficiency has been supplied.

Formerly: Acts 1937, c.104, s.10. As amended by P.L.252-1985, SEC.256.
Ind. Code § 27-13-13-9 — Indiana Code / Title 27 / Article 13 / Chapter 13 / Section 27-13-13-9
Repealed
Status: repealed

As added by P.L.203-2001, SEC.24. Repealed by P.L.208-2018, SEC.29.
Ind. Code § 27-4-4-5 — Indiana Code / Title 27 / Article 4 / Chapter 4 / Section 27-4-4-5
Vexatious refusal to pay without reasonable cause; attorney's fees
Status: in_force

Sec. 5. In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, if the insurer has failed for thirty (30) days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that the refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in the action. Such fee shall not exceed twelve and one-half percent (12 1/2%) of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than twenty-five dollars ($25). Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.

Formerly: Acts 1955, c.203, s.5. As amended by P.L.136-2018, SEC.174.
Ind. Code § 27-9-3.1-13 — Indiana Code / Title 27 / Article 9 / Chapter 3.1 / Section 27-9-3.1-13
Damages
Status: in_force

Sec. 13. (a) If a counterparty to a netting agreement or qualified financial contract with an insurer that is subject to a proceeding under IC 27-9-3 terminates, liquidates, closes out, or accelerates the netting agreement or qualified financial contract, damages must be measured as of the date of termination, liquidation, close-out, or acceleration.

(b) The amount of a claim for damages under subsection (a) is equal to the actual direct compensatory damages calculated in accordance with section 19 of this chapter.

As added by P.L.11-2011, SEC.36.
Ind. Code § 27-1-20-21 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-21
Annual financial statement; microfilm copies
Status: in_force

Sec. 21. Every company doing business in this state shall file with the department on or before March 1 in each year a financial statement for the year ending December 31 immediately preceding in a format in accordance with IC 27-1-3-13. For good and sufficient cause shown, the commissioner may grant to any individual company a reasonable extension of time not to exceed ninety (90) days within which such statement may be filed. Such statement shall be verified by the oaths of the president or a vice president and the secretary or an assistant secretary of the company. The statement of an alien company shall segregate and state separately its condition and transaction in the United States and such segregated and separated statement shall be verified by the oath of its resident manager or principal representative in the United States. The commissioner of insurance may, with the approval of the Indiana archives and records administration, authorize the destruction of such annual statements which have been on file for two (2) years or more and microfilm copies of which have been made and filed.

Formerly: Acts 1935, c.162, s.269; Acts 1957, c.124, s.1. As amended by P.L.252-1985, SEC.94; P.L.159-1986, SEC.4; P.L.271-1987, SEC.3; P.L.3-1989, SEC.151; P.L.246-1989, SEC.1; P.L.130-1994, SEC.26; P.L.116-1994, SEC.36; P.L.1-1998, SEC.140; P.L.268-1999, SEC.8; P.L.171-2015, SEC.45.
Ind. Code § 27-1-12.6-7 — Indiana Code / Title 27 / Article 1 / Chapter 12.6 / Section 27-1-12.6-7
Rules and regulations
Status: in_force

Sec. 7. The commissioner is authorized to promulgate rules and regulations to provide disclosure of (1) the pertinent facts concerning annuity contracts to purchasers of these contracts in advertising and sales literature, (2) practices connected with their issuance, and (3) their annual nonforfeiture and related values.

As added by Acts 1977, P.L.286, SEC.2.
Ind. Code § 27-1-12.8-30 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-30
Reserves; calculation
Status: in_force

Sec. 30. (a) Reserves for contracts issued before the transition date selected by a company under IC 27-1-12-12, the transition date in no event to be later than January 1, 1948, may be calculated (at the option of the company) according to any standards that produce greater aggregate reserves for all of the contracts than the minimum reserves required by the laws in effect immediately before the transition date.

(b) Reserves for a category, established by the commissioner, of contracts or benefits issued on or after the transition date selected by a company under IC 27-1-12-12, the transition date in no event to be later than January 1, 1948, may be calculated (at the option of the company) according to any standards that produce greater aggregate reserves for the category than the aggregate reserves calculated according to the minimum standard under this chapter. However, the rates of interest used for contracts other than annuity and pure endowment contracts must not be greater than the corresponding rate of interest used in calculating nonforfeiture benefits provided in the contracts.

(c) A company that adopts a standard of valuation that produces greater aggregate reserves than the aggregate reserves calculated under sections 19 through 40 of this chapter may adopt a lower standard of valuation with the approval of the commissioner. However, the lower standard of valuation must not be lower than the minimum standard provided under this chapter. For purposes of this subsection, the holding of additional reserves previously determined by the appointed actuary to be necessary to render an opinion required by section 21 or 23 of this chapter is not the adoption of a higher standard of valuation.

As added by P.L.276-2013, SEC.10.
Ind. Code § 27-13-7-1 — Indiana Code / Title 27 / Article 13 / Chapter 7 / Section 27-13-7-1
Persons entitled to copies of contracts
Status: in_force

Sec. 1. Any holder of a group or an individual contract with a health maintenance organization is entitled to a copy of the group or individual contract.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-8-12-14 — Indiana Code / Title 27 / Article 8 / Chapter 12 / Section 27-8-12-14
Outline of coverage; contents
Status: in_force

Sec. 14. (a) The insurer shall deliver an outline of the coverage provided by an individual long term care insurance policy to the prospective applicant at the time of initial solicitation through means that prominently direct the attention of the recipient to the document and the document's purpose.

(b) The commissioner shall prescribe a standard format regarding:

(1) style;

(2) arrangement;

(3) overall appearance; and

(4) content;

for an outline of coverage.

(c) An insurance producer who solicits a long term care insurance policy shall deliver the outline of coverage before the presentation of an application or enrollment form.

(d) The outline of coverage must be presented in conjunction with any application or enrollment form when there is a direct response solicitation of long term care insurance.

(e) An outline of coverage required under this section must include the following:

(1) A description of the principal benefits and coverage provided in the policy.

(2) A statement of the principal exclusions, reductions, and limitations set forth in the policy.

(3) A statement of the policy's renewal provisions, including any reservation by the insurer of a right to change premiums.

(4) A statement that the outline of coverage is a summary of the policy issued or applied for, and that the policy should be consulted to determine the exact terms of the coverage provided by the policy.

(5) A description of the terms under which the policy may be returned and the premium refunded.

(6) A brief description of the relationship of the cost of care and benefits.

(7) A statement of the terms under which the policy or certificate may continue or be discontinued, including any reservation in the policy of the right to change the premium.

(8) A specific statement of the provisions for continuation or conversion of group coverage.

As added by P.L.275-1987, SEC.1. Amended by P.L.114-1991, SEC.16; P.L.178-2003, SEC.66.
Ind. Code § 27-8-24.2-9 — Indiana Code / Title 27 / Article 8 / Chapter 24.2 / Section 27-8-24.2-9
Lifetime maximum coverage limitation
Status: in_force

Sec. 9. 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 policy of accident and sickness insurance.

As added by P.L.109-2008, SEC.2.
Ind. Code § 27-1-25-11 — Indiana Code / Title 27 / Article 1 / Chapter 25 / Section 27-1-25-11
Repealed
Status: repealed

As added by Acts 1980, P.L.168, SEC.2. Amended by P.L.267-1987, SEC.4; P.L.192-1991, SEC.1; P.L.26-1991, SEC.22; P.L.1-1992, SEC.146. Repealed by P.L.160-2003, SEC.28.
Ind. Code § 27-5.1-1-7 — Indiana Code / Title 27 / Article 5.1 / Chapter 1 / Section 27-5.1-1-7
"Farm mutual insurance company"
Status: in_force

Sec. 7. "Farm mutual insurance company" means a company (as defined in IC 27-1-2-3) that is authorized to provide insurance coverage under this article.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-25.5-3 — Indiana Code / Title 27 / Article 1 / Chapter 25.5 / Section 27-1-25.5-3
"Insurer"
Status: in_force

Sec. 3. As used in this chapter, "insurer" means an insurer that provides health insurance coverage to a covered individual.

As added by P.L.69-2025, SEC.1.
Ind. Code § 27-13-36-2 — Indiana Code / Title 27 / Article 13 / Chapter 36 / Section 27-13-36-2
Sufficient number and type of primary care providers
Status: in_force

Sec. 2. Beginning July 1, 1999, each health maintenance organization shall include a sufficient number and type of primary care providers and other appropriate providers throughout the health maintenance organization's service area to:

(1) meet the needs of; and

(2) provide a choice of primary care providers and other appropriate providers to;

enrollees and subscribers of the health maintenance organization. Compliance with the National Committee on Quality Assurance standards or guidelines is sufficient to meet the requirements of this section.

As added by P.L.69-1998, SEC.14. Amended by P.L.124-2018, SEC.99.
Ind. Code § 27-1-12.5-8 — Indiana Code / Title 27 / Article 1 / Chapter 12.5 / Section 27-1-12.5-8
Statement of benefits not provided
Status: in_force

Sec. 8. Any annuity contract which does not provide cash surrender benefits or does not provide death benefits at least equal to the minimum nonforfeiture amount prior to the commencement of any annuity payments shall include a statement in a prominent place in the contract that such benefits are not provided.

As added by Acts 1977, P.L.286, SEC.1.
Ind. Code § 27-16-5-6 — Indiana Code / Title 27 / Article 16 / Chapter 5 / Section 27-16-5-6
Rules for other fees
Status: in_force

Sec. 6. (a) The department shall adopt rules under IC 4-22-2 to specify any other fee to be charged under this article.

(b) A fee:

(1) for which the amount is not specified in; and

(2) that is charged under;

this article must not exceed the amount reasonably necessary for the administration of this article.

As added by P.L.245-2005, SEC.7.
Ind. Code § 27-8-24.3-8 — Indiana Code / Title 27 / Article 8 / Chapter 24.3 / Section 27-8-24.3-8
Underwriting or rating risk on basis of physical or mental condition caused by abuse
Status: in_force

Sec. 8. This chapter does not prohibit an insurer from inquiring about, underwriting, or rating a risk on the basis of a physical or mental condition, even if that condition has been caused by abuse if:

(1) the insurer routinely underwrites or charges a different rate for that condition in the same manner with respect to all individuals who apply for or are covered by an insurance policy or a health plan regardless of whether the individual has been the victim of abuse;

(2) the individual's status as being, having been, or having the potential to be the subject of abuse is not considered to be a physical or mental condition;

(3) the insurer does not:

(A) refuse to insure or refuse to contract with;

(B) refuse to continue to insure or refuse to continue to contract with;

(C) limit the amount, extent, or coverage available; or

(D) charge a different rate for the same coverage;

solely because of a physical or mental condition, except where the refusal, limitation, or rate differential is based on sound actuarial principles or is related to actuarial or reasonably anticipated experience; and

(4) the underwriting or rating is not used to evade the intent of this chapter.

As added by P.L.188-1996, SEC.2.
Ind. Code § 27-1-50-12 — Indiana Code / Title 27 / Article 1 / Chapter 50 / Section 27-1-50-12
Enforcement of chapter; violations
Status: in_force

Sec. 12. (a) The department may enforce the requirements of this chapter to the extent permissible under applicable law.

(b) A violation of this chapter is an unfair or deceptive act or practice in the business of insurance under IC 27-4-1-4.

(c) The department may adopt rules under IC 4-22-2 that:

(1) provide for the enforcement of this chapter; and

(2) set forth fines for violations of this chapter.

As added by P.L.166-2023, SEC.3. Amended by P.L.158-2024, SEC.17.
Ind. Code § 27-7-19-2 — Indiana Code / Title 27 / Article 7 / Chapter 19 / Section 27-7-19-2
"Employer's liability insurance"
Status: in_force

Sec. 2. As used in this chapter, "employer's liability insurance" means the type of insurance described in IC 27-1-5-1, Class 2(b).

As added by P.L.51-2026, SEC.9.
Ind. Code § 27-17-13-1 — Indiana Code / Title 27 / Article 17 / Chapter 13 / Section 27-17-13-1
Rules
Status: in_force

Sec. 1. The department may adopt rules under IC 4-22-2 to implement this article.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-7-3-21 — Indiana Code / Title 27 / Article 7 / Chapter 3 / Section 27-7-3-21
Requirement of title search
Status: in_force

Sec. 21. A company described in section 3 of this chapter that issues a title insurance policy shall perform or cause to be performed a title search for the real estate in conjunction with a mortgage secured by the real estate unless the mortgage meets all of the following requirements:

(1) The principal amount of the mortgage is not more than fifty thousand dollars ($50,000).

(2) The mortgage is subordinate to a prior mortgage where a title search was conducted and a title policy was issued.

(3) The mortgage is not a reverse mortgage.

As added by P.L.68-2002, SEC.2.
Ind. Code § 27-4-9-5 — Indiana Code / Title 27 / Article 4 / Chapter 9 / Section 27-4-9-5
Violations
Status: in_force

Sec. 5. (a) Except as provided in subsection (b), a recommendation made in violation of section 3 of this chapter is an unfair method of competition or an unfair and deceptive act or practice under IC 27-4-1-4.

(b) A recommendation made in violation of section 3 of this chapter is not an unfair method of competition or an unfair and deceptive act or practice under IC 27-4-1-4 if the recommendation is made in compliance with the National Association of Securities Dealers Conduct Rules concerning suitability, as determined by the commissioner.

As added by P.L.138-2005, SEC.2.
Ind. Code § 27-1-27-8 — Indiana Code / Title 27 / Article 1 / Chapter 27 / Section 27-1-27-8
Professional standards; adoption
Status: in_force

Sec. 8. The commissioner of insurance shall, in the manner prescribed by IC 4-22-2, adopt standards for the competent practice of public adjusting appropriate to establish and maintain a high standard of integrity and dignity in the profession of public adjusting.

As added by P.L.257-1983, SEC.1.
Ind. Code § 27-6-9-15 — Indiana Code / Title 27 / Article 6 / Chapter 9 / Section 27-6-9-15
Reinsurance intermediary license; issuance; application; authority to act; nonresidents
Status: in_force

Sec. 15. (a) The commissioner may issue a reinsurance intermediary license to any person, firm, association, or corporation who has complied with the requirements of this chapter. Any license issued to a firm or association under this section authorizes all the members of the firm or association and any designated employees to act as reinsurance intermediaries under the license, and all such persons must be named in the application and any supplements thereto. Any license issued to a corporation under this section authorizes all of the officers of the corporation, and any designated employees and directors of the corporation, to act as reinsurance intermediaries on behalf of the corporation, and all such persons must be named in the application and any supplements thereto.

(b) If the applicant for a reinsurance intermediary license is a nonresident, the applicant, as a condition precedent to receiving or holding a license, must:

(1) designate the commissioner as agent for service of process in the manner, and with the same legal effect, provided for by this chapter for designation of service of process upon unauthorized insurers; and

(2) furnish the commissioner with the name and address of a resident of Indiana upon whom notices or orders of the commissioner or process affecting such nonresident reinsurance intermediary may be served.

(c) A licensee who receives a license under subsection (b) shall promptly notify the commissioner in writing of every change in its designated agent for service of process, and a change in the licensee's designated agent does not become effective until acknowledged by the commissioner.

As added by P.L.26-1991, SEC.26.
Ind. Code § 27-8-11-0.1 — Indiana Code / Title 27 / Article 8 / Chapter 11 / Section 27-8-11-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The addition of section 9 of this chapter by P.L.74-2007 applies to an agreement between an insurer and a provider that is entered into, amended, or renewed on or after April 26, 2007.

As added by P.L.220-2011, SEC.441.
Ind. Code § 27-14.5-3-4 — Indiana Code / Title 27 / Article 14.5 / Chapter 3 / Section 27-14.5-3-4
Filing of application with insurance commissioner after adoption of plan to issue stock
Status: in_force

Sec. 4. Not later than ninety (90) days after the adoption of a plan to issue stock, the reorganized insurer or intermediate stock holding company adopting the plan must file with the commissioner an application that contains the following:

(1) A proposed plan to issue stock.

(2) The form of notice to be sent to members informing members of the member's right to vote on the plan.

(3) The form of the proxy statement to be used to solicit the votes of members, which must include a description of the plan.

(4) The form of proxy to be solicited from members.

(5) If it is necessary to amend the current articles of incorporation or bylaws of a company that is affected by the plan, a copy of the proposed articles of amendment and amended bylaws of the company, which must comply with the requirements of IC 27-1-8.

(6) A list of the officers and directors of each company that is affected by the plan.

(7) A description of the following:

(A) The stock intended to be offered by the applicant.

(B) All shareholder rights applicable to the stock intended to be offered by the applicant.

(C) The total number of shares authorized to be issued.

(D) The estimated number of shares the applicant intends to offer.

(E) The intended date or range of dates for the offering.

(8) A list of the following:

(A) The name or names of any underwriter, syndicate member, or placement agent involved.

(B) If known by the applicant, the name or names of each person or group of persons who will control five percent (5%) or more of the total outstanding shares of the class of stock to be offered.

(C) If any of the persons listed under clause (A) or (B) is a corporation or other business entity, the name of each member of its board of directors or equivalent management body.

(9) Copies of any filings that have been made, if applicable, with the United States Securities and Exchange Commission.

(10) A description of all expenses expected to be incurred in connection with the plan to issue stock.

(11) Any other information requested by the commissioner.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-13-1-28.5 — Indiana Code / Title 27 / Article 13 / Chapter 1 / Section 27-13-1-28.5
"Quality assurance"
Status: in_force

Sec. 28.5. "Quality assurance" means the ongoing evaluation of the quality of health care services provided to enrollees.

As added by P.L.69-1998, SEC.5.
Ind. Code § 27-2-21-10 — Indiana Code / Title 27 / Article 2 / Chapter 21 / Section 27-2-21-10
"Insurance producer"
Status: in_force

Sec. 10. As used in this chapter, "insurance producer" has the meaning set forth in IC 27-1-15.6-2.

As added by P.L.201-2003, SEC.1. Amended by P.L.11-2011, SEC.24.
Ind. Code § 27-1-12.6-1 — Indiana Code / Title 27 / Article 1 / Chapter 12.6 / Section 27-1-12.6-1
Application of law
Status: in_force

Sec. 1. Each annuity contract, as defined in IC 27-1-12.5, whether in a separate instrument, or in a separate provision in or as a rider to a life insurance policy, shall be subject to the limitations and disclosures set out in this chapter.

As added by Acts 1977, P.L.286, SEC.2.
Ind. Code § 27-6-6-2 — Indiana Code / Title 27 / Article 6 / Chapter 6 / Section 27-6-6-2
Execution of contracts; attorneys; location of office of attorney
Status: in_force

Sec. 2. Such contracts may be executed by an attorney, agent or other representative, designated in this chapter as "attorney", duly authorized and acting for subscribers as described in section 1 of this chapter. The office or offices of such attorney may be maintained at such place or places as may be designated by the subscribers in the power of attorney.

Formerly: Acts 1919, c.102, s.2. As amended by P.L.136-2018, SEC.180.
Ind. Code § 27-6-3-1 — Indiana Code / Title 27 / Article 6 / Chapter 3 / Section 27-6-3-1
Authorization
Status: in_force

Sec. 1. From and after April 1, 1963, any reciprocal exchange authorized to make insurance under the provisions of IC 27-1 may be authorized to reinsure any other reciprocal exchange or insurance company authorized to make insurance pursuant to the provisions of IC 27-1, under the same regulations and restrictions as are applicable to insurance companies authorized to make insurance pursuant to IC 27-1.

Formerly: Acts 1963, c.313, s.1. As amended by P.L.252-1985, SEC.213.
Ind. Code § 27-14.5-4-8 — Indiana Code / Title 27 / Article 14.5 / Chapter 4 / Section 27-14.5-4-8
Expiration of approval
Status: in_force

Sec. 8. The approval by the commissioner of a plan to issue stock expires one hundred eighty (180) days after the date of approval, except as otherwise provided by an order of the commissioner.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-7-5.1-4 — Indiana Code / Title 27 / Article 7 / Chapter 5.1 / Section 27-7-5.1-4
"Uninsured motorist with a previous violation"
Status: in_force

Sec. 4. As used in this chapter, "uninsured motorist with a previous violation" means an individual who:

(1) owns a motor vehicle:

(A) that is involved in an accident; and

(B) for which financial responsibility is not in effect as required by IC 9-25-4; and

(2) during the immediately preceding five (5) years, has been required to provide proof of future financial responsibility for any period;

regardless of whether the individual is operating the motor vehicle at the time of the accident.

As added by P.L.136-2015, SEC.1. Amended by P.L.86-2021, SEC.20.
Ind. Code § 27-17-12-1 — Indiana Code / Title 27 / Article 17 / Chapter 12 / Section 27-17-12-1
Approval of advertisements, marketing materials, brochures, and discount cards
Status: in_force

Sec. 1. A discount medical card program organization shall approve in writing all advertisements, marketing materials, brochures, and discount cards before the advertisements, marketing materials, brochures, and discount cards are used by marketers.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-1-3.5-12.5 — Indiana Code / Title 27 / Article 1 / Chapter 3.5 / Section 27-1-3.5-12.5
Management's report of internal control over financial reporting
Status: in_force

Sec. 12.5. (a) A domestic insurer that is required to file an annual audited financial report under this chapter that has annual direct written and assumed premiums (excluding premiums reinsured with the Federal Crop Insurance Corporation and Federal Flood Program) of at least five hundred million dollars ($500,000,000) shall prepare a report of the domestic insurer's or group of insurers' management's internal control over financial reporting as of the immediately preceding December 31. The report shall be filed with the commissioner along with the communication of internal control related matters noted in an audit.

(b) The commissioner may require a domestic insurer that is:

(1) not described in subsection (a); and

(2) in a RBC level event described in IC 27-1-36 or considered by the commissioner to be in hazardous financial condition (as defined in rules adopted under IC 27-1-3-7);

to file a report of management's internal control over financial reporting.

(c) If:

(1) a domestic insurer or group of insurers is:

(A) directly subject to Section 404;

(B) part of an insurance holding company system whose parent is directly subject to Section 404;

(C) not directly subject to Section 404, but is a SOX compliant entity; or

(D) part of an insurance holding company system whose parent is not directly subject to Section 404, but is a SOX compliant entity; and

(2) the domestic insurer's or group of insurers' internal controls over financial reporting that have a material impact on the preparation of the domestic insurer's or group of insurers' annual audited financial statements are included in the Section 404 report;

the domestic insurer or group of insurers may satisfy the requirement of this section to file a report of management's internal control over financial reporting by including with the domestic insurer's or group of insurers' Section 404 report an addendum described in subsection (d).

(d) An addendum described in subsection (c) must be a positive statement by the domestic insurer's or group of insurers' management that no internal controls over financial reporting that have a material impact on the preparation of the domestic insurer's or group of insurers' annual audited financial statements exist, other than the internal controls that are included in the Section 404 report.

(e) If:

(1) a domestic insurer or group of insurers is described in subsection (c)(1); and

(2) the domestic insurer's or group of insurers' internal controls over financial reporting that have a material impact on the preparation of the domestic insurer's or group of insurers' annual audited financial statements are not all included in the Section 404 report;

the domestic insurer or group of insurers shall file a report of management's internal control over financial reporting as required by this section for the internal controls that have a material impact and are not included in the Section 404 report.

(f) A domestic insurer's or group of insurers' report of management's internal control over financial reporting required by this section must include the following:

(1) A statement that management is responsible for establishment and maintenance of adequate internal control over financial reporting.

(2) A statement that management has established internal control over financial reporting and an assertion of whether, to the best of management's knowledge and belief after diligent inquiry, management's internal control over financial reporting is effective to provide reasonable assurance regarding the reliability of financial statements in accordance with statutory accounting principles.

(3) A statement that briefly describes the approach or processes by which management evaluated the effectiveness of management's internal control over financial reporting.

(4) A statement that briefly describes the scope of work that is included in the report and whether any of management's internal controls over financial reporting were excluded.

(5) Disclosure of any unremediated material weaknesses in the management's internal control over financial reporting identified by management as of the immediately preceding December 31. The management may not conclude that the internal control over financial reporting is effective to provide reasonable assurance regarding the reliability of annual audited financial statements in accordance with statutory accounting principles if one (1) or more unremediated material weaknesses exist in the management's internal control over financial reporting.

(6) A statement regarding the inherent limitations of the management's internal control over financial reporting.

(7) Signatures of the chief executive officer and the chief financial officer, or equivalent position, of the domestic insurer or group of insurers.

(g) A domestic insurer's or group of insurers' management shall document and make available upon financial condition examination the basis on which the management's assertions described in subsection (f) are made. The management's assertions may be based, in part, upon the management's review, monitoring, and testing of internal controls over financial reporting that are undertaken in the normal course of the management's activities. The management may determine the nature of the internal control framework used and the nature and extent of documentation to make the management's assertion in a cost effective manner, including assembly of or reference to existing documentation.

(h) A report of management's internal control over financial reporting required by this section, and any supporting documentation provided during the course of a financial condition examination, is confidential.

As added by P.L.251-1995, SEC.12. Amended by P.L.146-2015, SEC.18.
Ind. Code § 27-5.1-2-9 — Indiana Code / Title 27 / Article 5.1 / Chapter 2 / Section 27-5.1-2-9
Location of insurance business
Status: in_force

Sec. 9. A farm mutual insurance company may engage in the business of insurance in any location in Indiana other than a first class city. However, a farm mutual insurance company may continue to insure property in a first class city in Indiana if the insurance policy under which the property is insured was originally issued before July 1, 2003, or if the insurance policy was originally issued before the city became a first class city.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-29-1 — Indiana Code / Title 27 / Article 1 / Chapter 29 / Section 27-1-29-1
"Commission" defined
Status: in_force

Sec. 1. As used in this chapter, "commission" refers to the Indiana political subdivision risk management commission established by this chapter.

As added by P.L.162-1986, SEC.1.
Ind. Code § 27-1-12-46 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-46
Policy or certificate designated for purchase of funeral services or merchandise; representations by issuer; required disclosures; violations
Status: in_force

Sec. 46. (a) This section applies to a life insurance policy or certificate:

(1) that is issued after June 30, 2015;

(2) the proceeds of which may be designated for use in the purchase of funeral services or merchandise upon the death of the insured; and

(3) the ownership of which is not irrevocably assigned to a trustee and used to fund a contract under IC 30-2-13.

(b) An issuer of a life insurance policy or certificate described in subsection (a) may not represent to a policyholder or certificate holder, a prospective policyholder or certificate holder, an insured, a beneficiary, or any other person that the life insurance policy or certificate is:

(1) a contract for prepaid services or merchandise under IC 30-2-13; or

(2) a funeral policy or a policy with any similar designation.

(c) A life insurance policy or certificate described in subsection (a) may not be delivered or issued for delivery in Indiana, or issued by a company organized under the laws of this state, unless the life insurance policy or certificate either contains or includes in an attached disclaimer the following provisions, or corresponding provisions that the department determines are at least as favorable to policyholders or certificate holders:

(1) A statement that the life insurance policy or certificate is not a contract for prepaid services or merchandise under IC 30-2-13.

(2) A statement that the life insurance policy or certificate does not entitle the policyholder, the certificate holder, or any other person to:

(A) prepaid funeral services or merchandise, or any services or merchandise described in IC 30-2-13-8; or

(B) the right to file a complaint with the state board of funeral and cemetery service established by IC 25-15-9-1 for restitution from the preneed consumer protection fund under IC 30-2-13-29;

unless ownership of the policy is irrevocably assigned to a trustee to fund a contract entered into with a seller (as defined under IC 30-2-13-10) under IC 30-2-13.

(3) A statement that:

(A) the life insurance policy or certificate:

(i) is not guaranteed to be exempt as a resource in determining eligibility for Medicaid under IC 12-15-2-17; and

(ii) does not guarantee Medicaid eligibility; and

(B) Medicaid eligibility determinations are made in accordance with applicable Medicaid laws and policies.

(d) A person that willfully violates this section commits an unfair and deceptive act or practice in the business of insurance under IC 27-4-1-4 and is subject to the penalties and procedures set forth in IC 27-4-1.

As added by P.L.227-2015, SEC.5.
Ind. Code § 27-1-25.5-6 — Indiana Code / Title 27 / Article 1 / Chapter 25.5 / Section 27-1-25.5-6
Fiduciary duty to plan sponsor
Status: in_force

Sec. 6. Any:

(1) third party administrator; or

(2) pharmacy benefit manager;

acting on behalf of a plan sponsor owes a fiduciary duty to the plan sponsor.

As added by P.L.69-2025, SEC.1.
Ind. Code § 27-4-6-1 — Indiana Code / Title 27 / Article 4 / Chapter 6 / Section 27-4-6-1
Purpose; liberal construction
Status: in_force

Sec. 1. (a) The purpose of this chapter is to subject to the jurisdiction of the insurance commissioner of this state and to the jurisdiction of the courts of this state insurers, not authorized to transact business in this state, which place in or send into this state any false advertising designed to induce residents of this state to purchase insurance from insurers not authorized to transact business in this state. The legislature declares it is in the interest of the citizens of this state who purchase insurance from insurers which solicit insurance business in this state in the manner set forth in the preceding sentence that such insurers be subject to the provisions of this chapter. In furtherance of such state interest, the legislature provides in this chapter a method of substituted service of process upon such insurers and declares that in so doing, it exercises its power to protect its residents and also exercises powers and privileges available to the state by virtue of 15 U.S.C. 1011 et seq., 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. The authority provided in this chapter is to be in addition to any other powers of this state.

(b) The provisions of this chapter shall be liberally construed.

Formerly: Acts 1963, c.163, s.1. As amended by P.L.252-1985, SEC.170; P.L.136-2018, SEC.178.
Ind. Code § 27-1-41-6 — Indiana Code / Title 27 / Article 1 / Chapter 41 / Section 27-1-41-6
Group eligibility requirements
Status: in_force

Sec. 6. (a) A group described in section 2(1) of this chapter must meet the following requirements to be eligible to purchase coverage under a group insurance policy:

(1) The group consists of at least ten (10) individuals who are members.

(2) The group has been in existence for at least two (2) years.

(3) The group was formed for a purpose other than the purchase of insurance.

(b) A group described in section 2(2) of this chapter may include each of the following as a group member:

(1) An employee of a subsidiary or an affiliate of the employer.

(2) A retired employee of the employer.

(3) An individual business owner or proprietor who is the employer.

(4) A partner of a partnership that is the employer.

(5) A director or retired director of the employer.

(6) A former employee, owner, proprietor, partner, or director who purchased coverage under a group insurance policy before leaving the position.

(7) A spouse, child, or household resident of any individual described in subdivisions (1) through (6).

(c) A group is not eligible to purchase, and an insurer shall not provide to the group, coverage under a group insurance policy if:

(1) the purchase of insurance is a condition of membership in the group; or

(2) a group member is penalized by the group as a result of the group member refusing coverage under a group insurance policy.

As added by P.L.32-2012, SEC.2.
Ind. Code § 27-2-23-10 — Indiana Code / Title 27 / Article 2 / Chapter 23 / Section 27-2-23-10
"Record keeping services"
Status: in_force

Sec. 10. As used in this chapter, "record keeping services" means an insurer's responsibility, under an agreement with a group policy owner, to obtain, maintain, and administer in the insurer's system information concerning each individual insured under a group policy (or a line of coverage under a group policy), including at least the following:

(1) The individual's Social Security number and date of birth or name and date of birth.

(2) The individual's beneficiary designation information.

(3) The individual's eligibility for coverage.

(4) The individual's benefit amount.

(5) The individual's premium payment status.

As added by P.L.90-2014, SEC.1.
Ind. Code § 27-9-3-11 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-11
Notice of liquidation by insurance producers to policyholders
Status: in_force

Sec. 11. (a) Every person who receives notice in the form prescribed in section 10 of this chapter that an insurer whom the person represents as an insurance producer is the subject of a liquidation order must, within fifteen (15) days of that notice, give notice of the liquidation order to each policyholder as provided by subsection (b).

(b) The notice must be sent by first class mail to the last address contained in the insurance producer's records to each policyholder or other person named in any policy issued through that insurance producer by the insurer, if the insurance producer has a record of the address of the policyholder or other person.

(c) A policy shall be treated as though it were issued through an insurance producer if the insurance producer has a property interest in the expiration of the policy, or if the insurance producer has had in the insurance producer's possession a copy of the declarations of the policy at any time during the life of the policy, except where the ownership of the expiration of the policy has been transferred to another.

(d) The written notice must include:

(1) the name and address of the insurer;

(2) the name and address of the insurance producer; and

(3) identification of the policy impaired and the nature of the impairment, including termination of coverage as described in section 8 of this chapter.

(e) Notice by a general agent satisfies the notice requirement for any insurance producers under contract to the general agent. Each insurance producer obligated to give notice under this section shall file a report of compliance with the liquidator.

(f) After a hearing under IC 4-21.5-3, an insurance producer failing to give notice or file a report of compliance as required by subsection (e) may be subject to payment of a penalty of not more than one thousand dollars ($1,000) and may have the insurance producer's license suspended.

(g) The liquidator may waive the duties imposed by this section if the liquidator determines that other notice to the policyholders of the insurer under liquidation is adequate.

As added by Acts 1979, P.L.255, SEC.1. Amended by P.L.7-1987, SEC.157; P.L.178-2003, SEC.77.
Ind. Code § 27-1-52-2 — Indiana Code / Title 27 / Article 1 / Chapter 52 / Section 27-1-52-2
"Downcode"; "downcoding"
Status: in_force

Sec. 2. As used in this chapter, "downcode" or "downcoding" means the unilateral alteration by an insurer of the:

(1) payment for an evaluation and management service code or other service code; or

(2) level of evaluation and management service code or other service code submitted on a claim that results in a lower payment.

As added by P.L.88-2026, SEC.6.
Ind. Code § 27-8-15-3 — Indiana Code / Title 27 / Article 8 / Chapter 15 / Section 27-8-15-3
"Actuarial certification"
Status: in_force

Sec. 3. As used in this chapter, "actuarial certification" means a written statement by a member of the American Academy of Actuaries that a small employer insurer is in compliance with section 16 of this chapter, based upon the person's examination, including a review of the appropriate records and of the actuarial assumptions and methods utilized by the insurer in establishing premium rates for applicable health insurance plans.

As added by P.L.127-1992, SEC.1.
Ind. Code § 27-1-3.1-9 — Indiana Code / Title 27 / Article 1 / Chapter 3.1 / Section 27-1-3.1-9
Warrant; access to information; refusal; penalties; subpoenas; oaths; order to appear; evidence
Status: in_force

Sec. 9. (a) Upon determining that an examination should be conducted, the commissioner or the commissioner's designee shall issue an examination warrant appointing one (1) or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the Financial Condition Examiner's Handbook and the Market Regulation Handbook. The commissioner may also employ such other guidelines or procedures as the commissioner considers appropriate. The commissioner is not required to issue an examination warrant for a data call.

(b) Every company or person from whom information is sought, and the officers, directors, and agents of the company or person, must provide to the examiners appointed under subsection (a) timely, convenient, and free access at all reasonable hours at its offices to all books, records, accounts, papers, documents, and any or all computer or other recordings relating to the property, assets, business, and affairs of the company being examined. The officers, directors, employees, and agents of the company or person must facilitate the examination and aid in the examination so far as it is in their power to do so. The refusal of any company, by its officers, directors, employees, or agents within the company's control, to submit to examination or to comply with any reasonable written request of the examiners, or the failure of any company to make a good faith effort to require compliance with such a request, is grounds for:

(1) suspension;

(2) refusal; or

(3) nonrenewal;

of any license or authority held by the company to engage in an insurance or other business subject to the commissioner's jurisdiction. The commissioner may proceed to suspend or revoke a license or authority upon the grounds set forth in this subsection under IC 27-1-3-10 or IC 27-1-3-19.

(c) The commissioner and the commissioner's examiners may issue subpoenas, administer oaths, and examine under oath any person as to any matter pertinent to an examination conducted under this chapter. Upon the failure or refusal of any person to obey a subpoena, the commissioner may petition a court of competent jurisdiction, and upon proper showing, the court may enter any order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the court order is punishable as contempt of court.

(d) When making an examination under this chapter, the commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners. The cost of retaining these examiners shall be borne by the company that is the subject of the examination.

(e) This chapter does not limit the commissioner's authority to terminate or suspend any examination in order to pursue other legal or regulatory action pursuant to this title. Findings of fact and conclusions made pursuant to any examination shall be prima facie evidence in any legal or regulatory action.

As added by P.L.26-1991, SEC.5. Amended by P.L.130-1994, SEC.8; P.L.116-1994, SEC.12; P.L.111-2008, SEC.1; P.L.124-2018, SEC.5.
Ind. Code § 27-1-12.8-4 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-4
"Company"
Status: in_force

Sec. 4. As used in this chapter, "company" is limited to a company that has:

(1) issued, delivered, or reinsured at least one (1):

(A) policy of insurance described in Class 1(a) or Class 1(c)(1) of IC 27-1-5-1; or

(B) policy of insurance or contract described in Class 1(b), Class 1(c)(2), or Class 2(a) of IC 27-1-5-1;

in Indiana that is in force or subject to at least one (1) outstanding claim; or

(2) issued, delivered, or reinsured a policy or contract described in subdivision (1)(A) or (1)(B) in another state and is required to hold a certificate of authority to issue, deliver, or reinsure a policy or contract described in subdivision (1)(A) or (1)(B) in Indiana.

As added by P.L.276-2013, SEC.10.
Ind. Code § 27-1-46-1.5 — Indiana Code / Title 27 / Article 1 / Chapter 46 / Section 27-1-46-1.5
"Episode of care"
Status: in_force

Sec. 1.5. As used in this chapter, "episode of care" means the medical care ordered to be provided for a specific medical procedure, condition, or illness.

As added by P.L.93-2020, SEC.12.
Ind. Code § 27-9-1-3.5 — Indiana Code / Title 27 / Article 9 / Chapter 1 / Section 27-9-1-3.5
Change of judge or venue from Marion County Circuit Court in actions against receiver
Status: in_force

Sec. 3.5. Notwithstanding the Indiana rules of trial procedure or other law to the contrary, an automatic change of judge or change of venue from the Marion County circuit court may not be granted in any action brought by or against a receiver appointed in a proceeding under this article. A change of judge or change of venue from the Marion County circuit court in such an action shall be granted only upon the filing of a verified application alleging and demonstrating one (1) or more of the specific grounds for a change of judge set forth in the Indiana rules of trial procedure or for a change of venue set forth in IC 34-35-1-1.

As added by P.L.167-1986, SEC.2. Amended by P.L.1-1998, SEC.153.
Ind. Code § 27-1-45.5-2 — Indiana Code / Title 27 / Article 1 / Chapter 45.5 / Section 27-1-45.5-2
"Political subdivision"
Status: in_force

Sec. 2. As used in this chapter, "political subdivision" has the meaning set forth in IC 34-6-2.1-155.

As added by P.L.117-2021, SEC.4. Amended by P.L.186-2025, SEC.147.
Ind. Code § 27-4-6-3 — Indiana Code / Title 27 / Article 4 / Chapter 6 / Section 27-4-6-3
Advertising in violation of Unfair Trade Practice Act by unauthorized foreign or alien insurer; notice to insurer and supervisory official of domiciliary state
Status: in_force

Sec. 3. No unauthorized foreign or alien insurer of the kind described in section 1 of this chapter shall make, issue, circulate, or cause to be made, issued, or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazine, or other publication or over any radio or television station, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of IC 27-4-1, and whenever the commissioner shall have reason to believe that any such insurer is engaging in such unlawful advertising, he shall give notice of such fact by registered mail to such insurer and to the insurance supervisory official of the domiciliary state of such insurer. For the purpose of this section, the domiciliary state of an alien insurer shall be deemed to be the state of entry or the state of the principal office in the United States.

Formerly: Acts 1963, c.163, s.3. As amended by P.L.252-1985, SEC.172.
Ind. Code § 27-15-4-2 — Indiana Code / Title 27 / Article 15 / Chapter 4 / Section 27-15-4-2
Purpose of public hearing
Status: in_force

Sec. 2. The commissioner shall hold a public hearing upon the plan of conversion and the amendment to the articles of incorporation. The purpose of the public hearing shall be to receive comments and information to aid the commissioner in considering and approving or disapproving the application for approval of the plan of conversion and the amendment to the articles of incorporation. Persons wishing to make comments and submit information may submit written statements before or at the public hearing and may also appear and be heard at the public hearing.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-1-23-9 — Indiana Code / Title 27 / Article 1 / Chapter 23 / Section 27-1-23-9
Repealed
Status: repealed

Formerly: Acts 1971, P.L.387, SEC.1. As amended by Acts 1978, P.L.2, SEC.2716. Repealed by Acts 1981, P.L.244, SEC.12.
Ind. Code § 27-2-10-9 — Indiana Code / Title 27 / Article 2 / Chapter 10 / Section 27-2-10-9
Construction of act
Status: in_force

Sec. 9. This chapter shall be construed as supplemental to IC 27-1.

Formerly: Acts 1965, c.5, s.9. As amended by P.L.252-1985, SEC.137; P.L.11-1987, SEC.30.
Ind. Code § 27-8-16-11 — Indiana Code / Title 27 / Article 8 / Chapter 16 / Section 27-8-16-11
Prohibited bases for compensation of claim review agents and consultants
Status: in_force

Sec. 11. (a) The compensation of a claim review agent for the performance of medical claims review may not be based on the amount by which claims are reduced for payment.

(b) The compensation of a claim review consultant for making a recommendation or providing consultation concerning the appropriateness of or amount charged for a health care service delivered to an enrollee in Indiana may not be based on the amount by which a claim relating to the service is reduced for payment.

As added by P.L.128-1992, SEC.2. Amended by P.L.260-1995, SEC.8.
Ind. Code § 27-2-15-7 — Indiana Code / Title 27 / Article 2 / Chapter 15 / Section 27-2-15-7
Immunity of insurers
Status: in_force

Sec. 7. An insurer complying with this chapter or attempting in good faith to comply with this chapter is immune from civil and criminal liability in connection with actions taken under this chapter, and those actions, including withholding payment of any insurance proceeds under this chapter or releasing or disclosing any information under this chapter, may not be considered to violate IC 27-4-1.

As added by P.L.247-1989, SEC.2.
Ind. Code § 27-10-5-3 — Indiana Code / Title 27 / Article 10 / Chapter 5 / Section 27-10-5-3
Investigator; qualifications; staff; duties
Status: in_force

Sec. 3. (a) The commissioner shall appoint a qualified investigator who shall serve at the pleasure of the commissioner. The investigator shall be of good moral character, have had at least five (5) years of experience as an insurance or private investigator or equivalent experience as a law enforcement or judicial officer, and be thoroughly familiar and conversant with Indiana criminal law, including the court procedure and structure.

(b) The investigator, with the approval of the commissioner, may select such staff as is necessary to enable the investigator to properly perform the investigator's duties. The primary duty of the investigator and the investigator's staff is to administer this article and to investigate all violations of this article and to report and recommend to the commissioner all findings made on the investigation.

As added by P.L.261-1985, SEC.1.
Ind. Code § 27-2-21-21 — Indiana Code / Title 27 / Article 2 / Chapter 21 / Section 27-2-21-21
Insurance producer indemnification, defense, and hold harmless
Status: in_force

Sec. 21. (a) An insurer shall indemnify and defend an insurance producer and hold an insurance producer harmless from and against liability, fees, and costs arising out of or related to the actions, errors, or omissions of the insurance producer relating to a use of credit information if the insurance producer:

(1) obtains or uses credit information or insurance scores for the insurer;

(2) follows the instructions of or procedures established by the insurer; and

(3) complies with applicable laws and regulations.

(b) This section does not provide a consumer with a cause of action that does not exist in the absence of this section.

As added by P.L.201-2003, SEC.1.
Ind. Code § 27-1-22-21 — Indiana Code / Title 27 / Article 1 / Chapter 22 / Section 27-1-22-21
Repealed
Status: repealed

Formerly: Acts 1967, c.133, s.21. As amended by P.L.252-1985, SEC.122. Repealed by P.L.4-1988, SEC.17.
Ind. Code § 27-1-12-8 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-8
Prohibited provisions
Status: in_force

Sec. 8. No policy of life insurance shall hereafter be issued or delivered in this state, or be issued by a life insurance company organized under the laws of this state, if it contain any of the following provisions:

(1) Limiting the time within which any action at law or in equity may be commenced, to less than three (3) years after the cause of action shall accrue.

(2) By which the policy shall purport to be issued or to take effect more than six (6) months before the original application for insurance was made.

(3) That in the event of the maturity of any policy after the expiration of the contestable period thereof, for any mode of settlement at maturity of less value according to the company's published rates therefor then in use, than the amount insured under the policy, plus dividend additions, if any, less any indebtedness to the company on account of or secured by the policy and less any premium that may, by the terms of the policy, be deducted.

(4) For the forfeiture of the policy for failure to repay any loan on the policy, or to pay interest on such loan while the total indebtedness on the policy is less than the loan value thereof; or any provision for forfeiture for failure to repay any such loan or to pay interest thereon, unless such provision contain a stipulation that no such forfeiture shall occur until at least thirty (30) days after notice shall have been mailed by the company to the last-known address of the insured and to the assignee, if any, if such assignee has notified the company of his address.

(5) Which contains any clause promising to the holder of such policy any special dividend or benefit to be derived from any other policy; nor shall any company organized under the laws of this state issue in connection with any policy any separate paper or contract promising any such special dividend or benefit; nor shall any company be admitted to do business in this state that issues policies which contain any such clause, or which issues in connection with any policy any separate paper or contract promising any such dividend or benefit.

Formerly: Acts 1935, c.162, s.152.
Ind. Code § 27-13-36.2-9.5 — Indiana Code / Title 27 / Article 13 / Chapter 36.2 / Section 27-13-36.2-9.5
Error in coordination of benefits; submission of claim to appropriate health maintenance organization
Status: in_force

Sec. 9.5. (a) If an insurer (as defined in IC 27-8-5.7-3) or a health maintenance organization recoups payment from a provider due to an error in coordination of benefits, the provider may submit a claim for the same services to the appropriate health maintenance organization.

(b) Except as provided in subsection (d) and notwithstanding any other provision of law, a provider may submit a claim to the appropriate health maintenance organization not later than ninety (90) days after the date the recoupment is made.

(c) A provider that submits a claim under this section shall provide documentation to the health maintenance organization demonstrating:

(1) the original submission of the claim to the initial insurer or health maintenance organization; and

(2) the recoupment of payment by the initial insurer or health maintenance organization due to an error in coordination of benefits.

(d) Nothing in this section prevents a health maintenance organization from allowing a provider more time to submit a claim.

As added by P.L.88-2026, SEC.16.
Ind. Code § 27-2-23-21 — Indiana Code / Title 27 / Article 2 / Chapter 23 / Section 27-2-23-21
Attorney general examinations
Status: in_force

Sec. 21. This chapter does not prevent the attorney general from conducting an examination of the records of an insurance company under IC 32-34-1.5-53.

As added by P.L.166-2015, SEC.6. Amended by P.L.141-2021, SEC.15.
Ind. Code § 27-17-7-2 — Indiana Code / Title 27 / Article 17 / Chapter 7 / Section 27-17-7-2
Annual report; requirements
Status: in_force

Sec. 2. A report filed under section 1 of this chapter must be on a form prescribed by the commissioner and must include the following:

(1) If the information is different from the initial application for a registration or from the last annual report, a:

(A) list of the name and residence address of each individual responsible for conducting the discount medical card program organization's affairs, including:

(i) each member of the board of directors, board of trustees, executive committee, or other governing board or committee; and

(ii) each officer; and

(B) disclosure of the extent and nature of any contract or arrangement between each individual listed under clause (A) and the discount medical card program organization, including possible conflicts of interest.

(2) The number of cardholders in Indiana of the discount medical card program organization's discount medical card program.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-1-50-1 — Indiana Code / Title 27 / Article 1 / Chapter 50 / Section 27-1-50-1
"Covered individual"
Status: in_force

Sec. 1. As used in this chapter, "covered individual" means an individual who is entitled to health insurance coverage.

As added by P.L.166-2023, SEC.3.
Ind. Code § 27-15-5-4 — Indiana Code / Title 27 / Article 15 / Chapter 5 / Section 27-15-5-4
Notice of opportunity to vote; Flesch reading ease score; mailing
Status: in_force

Sec. 4. The notice described in section 3 of this chapter:

(1) must achieve a minimum score of forty (40) on the Flesch reading ease test or an equivalent score on a comparable test approved by the commissioner;

(2) shall be mailed, or provided by some other method or methods as may be approved by the commissioner, not less than thirty (30) days before the date of the meeting of members to vote on the plan of conversion and amendment to the articles of incorporation; and

(3) may be combined with any other notices, materials, or information.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-14.5-1-12 — Indiana Code / Title 27 / Article 14.5 / Chapter 1 / Section 27-14.5-1-12
"Effective date"
Status: in_force

Sec. 12. "Effective date" means, with respect to a plan, the date on which the plan becomes effective under this article.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-17-4-1 — Indiana Code / Title 27 / Article 17 / Chapter 4 / Section 27-17-4-1
Prohibited activities
Status: in_force

Sec. 1. A discount medical card program organization may not do the following:

(1) Use the following in the discount medical card program organization's advertisements, marketing materials, brochures, or discount cards:

(A) The term "insurance", except as:

(i) a disclaimer of a relationship between discount medical card program benefits and insurance;

(ii) a description of an insurance product connected with a discount medical card program; or

(iii) otherwise provided in this article.

(B) The terms "health plan", "coverage", "copay", "copayment", "preexisting condition", "guaranteed issue", "portability", "premium", "underwriting", or another term that could reasonably mislead a person to believe that a discount medical card program is health insurance.

(2) Implement restrictions on cardholder access to program providers, including waiting periods and notification periods.

(3) Pay a provider a fee for medical services.

(4) Collect or accept money from a cardholder for payment to a provider for medical services furnished to the cardholder unless the discount medical card program organization is an administrator licensed under IC 27-1-25.

(5) Make misleading, deceptive, or fraudulent representations regarding the discount, range of discounts, or access to the range of discounts offered by the discount medical card program.

(6) List, market, promote, or advertise a physician licensed under IC 25-22.5 as a program provider without the express written consent of the physician.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-1-20-15 — Indiana Code / Title 27 / Article 1 / Chapter 20 / Section 27-1-20-15
Automatic revocation of authority for failure to timely complete organization
Status: in_force

Sec. 15. If any company, whether organized under the provisions of this article or of any statute enacted prior to March 8, 1935, for the purpose of making any kind or kinds of insurance, does not complete its organization and proceed with the transaction of business, pursuant to the provisions of the statute under which it is organized, within a period of one (1) year after its articles of incorporation or its organization shall have been approved and filed in the office of the secretary of state, the approval so given shall be deemed to be revoked and such articles of incorporation or such organization shall be null and void.

Formerly: Acts 1935, c.162, s.264. As amended by P.L.252-1985, SEC.92.
Ind. Code § 27-1-12.8-24 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-24
Minimum standard for valuation of contracts; mortality tables
Status: in_force

Sec. 24. (a) Except as provided in sections 25, 26, and 33 of this chapter, the minimum standard for the valuation of contracts issued before the operative date of the Valuation Manual specified in section 34 of this chapter and on or after the transition date selected by the company under IC 27-1-12-12, the transition date in no event to be later than January 1, 1948, is:

(1) the commissioners reserve valuation methods described in sections 27, 28, 31, and 33 of this chapter;

(2) three and one-half percent (3 1/2%) interest; or

(3) in the case of life insurance contracts (other than annuity and pure endowment contracts) issued after August 31, 1973:

(A) four percent (4%) interest for contracts issued before September 1, 1979;

(B) five and one-half percent (5 1/2%) interest for single premium life insurance contracts; and

(C) four and one-half percent (4 1/2%) interest for all other contracts issued after August 31, 1979.

(b) In addition to the minimum standards specified in subsection (a), the following tables apply:

(1) For ordinary contracts of life insurance issued on the standard basis, excluding disability and accidental death benefits in the contracts:

(A) the Commissioners 1941 Standard Ordinary Mortality Table for contracts issued before the operative date of the fifth paragraph of IC 27-1-12-7(d);

(B) for any category of contracts issued:

(i) on male risks; and

(ii) on or after the operative date of the fifth paragraph of IC 27-1-12-7(d) and before the operative date of IC 27-1-12-7(dd);

the Commissioners 1958 Standard Ordinary Mortality Table;

(C) for any category of contracts issued:

(i) on female risks; and

(ii) on or after the operative date of the fifth paragraph of IC 27-1-12-7(d) and before the operative date of IC 27-1-12-7(dd);

the Commissioners 1958 Standard Ordinary Mortality Table with all modified net premiums and present values referred to in sections 19 through 40 of this chapter calculated according to an age not more than six (6) years younger than the actual age of the insured; and

(D) for contracts issued on or after the operative date of IC 27-1-12-7(dd):

(i) the Commissioners 1980 Standard Ordinary Mortality Table;

(ii) at the election of the company for one (1) or more specified plans of life insurance, the Commissioners 1980 Standard Ordinary Mortality Table with Ten-Year Select Mortality Factors; or

(iii) an ordinary mortality table, adopted after 1980 by the NAIC, which is approved by rule adopted by the department under IC 4-22-2 for use in determining the minimum standard of valuation for the contracts.

(2) For industrial life insurance contracts issued on the standard basis, excluding disability and accidental death benefits in the contracts:

(A) the 1941 Standard Industrial Mortality Table for contracts bearing a date of issue before the operative date of the seventh paragraph of IC 27-1-12-7(d); and

(B) for contracts bearing a date of issue that is the same as or later than the operative date described in clause (A), the Commissioners 1961 Standard Industrial Mortality Table or an industrial mortality table adopted after 1980 by the NAIC that is approved by rule adopted by the department under IC 4-22-2 for use in determining the minimum standard of valuation for the contracts.

(3) For individual annuity and pure endowment contracts, excluding disability and accidental death benefits in the contracts:

(A) the 1937 Standard Annuity Mortality Table; or

(B) at the option of the company, the Annuity Mortality Table for 1949, Ultimate; or

(C) a modification of a table specified in clause (A) or (B) that is approved by the commissioner in rules adopted under IC 4-22-2.

(4) For group annuity and pure endowment contracts, excluding disability and accidental death benefits in the contracts:

(A) the Group Annuity Mortality Table for 1951;

(B) a modification of the table approved by the commissioner in rules adopted under IC 4-22-2; or

(C) at the option of the company, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts.

(5) For total and permanent disability benefits in or supplementary to contracts:

(A) for contracts issued after December 31, 1965, the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit or tables of disablement rates and termination rates adopted after 1980 by the NAIC, that are approved by rule adopted by the department under IC 4-22-2 for use in determining the minimum standard of valuation for those contracts;

(B) for contracts issued after December 31, 1960, and before January 1, 1966:

(i) the tables described in clause (A); or

(ii) at the option of the company, the Class (3) Disability Table (1926); and

(C) for contracts issued before January 1, 1961, the Class (3) Disability Table (1926).

Any table described in this subdivision must, for active lives, be combined with a mortality table permitted for calculating the reserves for life insurance contracts.

(6) For accidental death benefits in or supplementary to contracts issued after December 31, 1965:

(A) the 1959 Accidental Death Benefits Table or any accidental death benefits table adopted after 1980 by the NAIC that is approved by rule adopted by the commissioner under IC 4-22-2 for use in determining the minimum standard of valuation for the contracts;

(B) for contracts issued after December 31, 1960, and before January 1, 1966:

(i) the table described in clause (A); or

(ii) at the option of the company, the Inter-Company Double Indemnity Mortality Table; and

(C) for contracts issued before January 1, 1961, the Inter-Company Double Indemnity Mortality Table.

A table described in this subdivision must be combined with a mortality table for calculating the reserves for life insurance contracts.

(7) For group life insurance, life insurance issued on the substandard basis, and other special benefits, tables approved by the commissioner in rules adopted under IC 4-22-2.

As added by P.L.276-2013, SEC.10. Amended by P.L.124-2018, SEC.25.
Ind. Code § 27-8-12-16 — Indiana Code / Title 27 / Article 8 / Chapter 12 / Section 27-8-12-16
Application of general insurance law
Status: in_force

Sec. 16. All other applicable provisions of IC 27 not in conflict with the provisions of this chapter apply to insurance policies issued under this chapter. A long term care insurance policy issued under this chapter is not subject to any rule adopted under IC 27-1-3-7(c).

As added by P.L.275-1987, SEC.1.
Ind. Code § 27-8-17-6 — Indiana Code / Title 27 / Article 8 / Chapter 17 / Section 27-8-17-6
"Utilization review" defined
Status: in_force

Sec. 6. (a) As used in this chapter, "utilization review" means a system for prospective, concurrent, or retrospective review of the medical necessity and appropriateness of health care services provided or proposed to be provided to a covered individual.

(b) The term does not include the following:

(1) Elective requests for clarification of coverage, eligibility, or benefits verification.

(2) Medical claims review (as defined in IC 27-8-16-4).

As added by P.L.128-1992, SEC.1.
Ind. Code § 27-17-6-2 — Indiana Code / Title 27 / Article 17 / Chapter 6 / Section 27-17-6-2
Notice of approval or disapproval of filing; time
Status: in_force

Sec. 2. (a) The commissioner shall:

(1) notify a discount medical card program organization of the commissioner's approval or disapproval of a filing under section 1 of this chapter; and

(2) specify in the notice the reason for a disapproval.

(b) A discount medical card program organization that receives a notice of disapproval under subsection (a) may, not more than twenty-one (21) days after the date the discount medical card program organization receives the notice, request a hearing under IC 4-21.5.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-8-1-5 — Indiana Code / Title 27 / Article 8 / Chapter 1 / Section 27-8-1-5
Assessment; statement of object
Status: in_force

Sec. 5. Assessment notices sent to members by any such an association shall state the object for which the money to be collected from the insured is intended, and no part of the proceeds of any assessment shall be applied to any other purpose than the stated purpose for which it was collected.

Formerly: Acts 1883, c.136, s.5.
Ind. Code § 27-7-17.5-3 — Indiana Code / Title 27 / Article 7 / Chapter 17.5 / Section 27-7-17.5-3
"Dental plan"
Status: in_force

Sec. 3. (a) As used in this chapter, "dental plan" means any of the following:

(1) A policy issued by an insurer (as defined in IC 27-1-2-3(x)) that provides coverage for dental services.

(2) A contract under which a health maintenance organization (as defined in IC 27-13-1-19) provides or covers dental services.

(3) A preferred provider plan (as defined in IC 27-8-11-1(g)) that provides or covers dental services.

(b) The term does not include the following:

(1) A policy providing comprehensive coverage described in Class 1(b) and Class 2(a) of IC 27-1-5-1.

(2) Accident only, Medicare supplement, long term care, or disability income insurance.

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

(4) Automobile medical payment insurance.

(5) A specified disease policy.

(6) Worker's compensation or similar insurance.

(7) A student health plan.

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

As added by P.L.42-2022, SEC.1.
Ind. Code § 27-1-12-20 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-20
Premium deposits; maximum; inclusion in cash surrender value; disposition; withdrawal
Status: in_force

Sec. 20. No life insurance company shall receive or accept, by virtue of the provisions set forth in any policy or indorsement thereon, any premium deposit in excess of the regular premium then due whenever the total premium deposit together with the policy reserve shall be sufficient as a gross premium to convert the policy into a fully paid policy. The policy or indorsement shall contain a provision that the amount of any premium deposit fund held by the company will be included as a part of the cash surrender value of the policy, a provision providing for the disposition of such fund if it is not sufficient to pay the next premium, and a provision that such fund is not withdrawable except by surrender of the policy, a loan thereon or through the selection of a nonforfeiture value.

Formerly: Acts 1935, c.162, s.159.
Ind. Code § 27-2-27-21 — Indiana Code / Title 27 / Article 2 / Chapter 27 / Section 27-2-27-21
Investigation of cybersecurity event
Status: in_force

Sec. 21. (a) If a licensee learns that a cybersecurity event has or may have occurred, the licensee, or an outside vendor or service provider designated to act on the licensee's behalf, shall conduct a prompt investigation. During the investigation, the licensee or outside vendor or service provider designated to act on the licensee's behalf shall:

(1) determine:

(A) whether a cybersecurity event has occurred;

(B) if so, the nature and scope of the cybersecurity event; and

(C) whether any nonpublic information may have been involved in the cybersecurity event; and

(2) perform or oversee reasonable measures to restore the security of the information systems compromised in the cybersecurity event in order to prevent further unauthorized acquisition, release, or use of nonpublic information in the licensee's possession, custody, or control.

(b) A licensee shall maintain records concerning all cybersecurity events for at least five (5) years after the date of the cybersecurity event. A licensee shall produce these records upon demand of the commissioner.

(c) A licensee shall notify the commissioner as promptly as possible but not later than three (3) business days after a determination that a cybersecurity event involving nonpublic information that is in the possession of the licensee has occurred if either of the following applies:

(1) Indiana is the licensee's state of domicile, if the licensee is an insurer, or the licensee's home state, if the licensee is a producer, and the cybersecurity event has a reasonable likelihood of materially harming a consumer residing in Indiana or materially harming any material part of the normal operations of the licensee.

(2) The licensee reasonably believes that the nonpublic information of at least two hundred fifty (250) consumers residing in Indiana was affected by the cybersecurity event and that the cybersecurity event is either of the following:

(A) A cybersecurity event impacting the licensee of which notice is required to be provided by any other state, federal, or local law.

(B) A cybersecurity event that has a reasonable likelihood of materially harming:

(i) a consumer residing in Indiana; or

(ii) any material part of the normal operations of the licensee.

(d) After learning that a cybersecurity event has or may have occurred, a licensee shall provide as much of the following information as possible in electronic form, as directed by the commissioner:

(1) The date of the cybersecurity event.

(2) A description of how the information was exposed, lost, stolen, or breached, including the specific roles and responsibilities of any third party service providers.

(3) How the cybersecurity event was discovered.

(4) Whether any lost, stolen, or breached information has been recovered and, if so, how this was done.

(5) The identity of the source of the cybersecurity event.

(6) Whether the licensee has filed a police report or has notified any regulatory, government, or law enforcement agencies and, if so, when the notification was provided.

(7) A description of the specific types of information acquired without authorization. Specific types of information means particular data elements including, for example, types of medical information, types of financial information, or types of information allowing identification of the consumer.

(8) The period during which the information system was compromised by the cybersecurity event.

(9) The total number of consumers in Indiana affected by the cybersecurity event. The licensee shall provide the best estimate in the initial report to the commissioner and update this estimate with each subsequent report to the commissioner under this section.

(10) The results of any internal review:

(A) identifying a lapse in either automated controls or internal procedures; or

(B) confirming that all automated controls or internal procedures were followed.

(11) A description of efforts being undertaken to remediate the situation that permitted the cybersecurity event to occur.

(12) A copy of the licensee's privacy policy and a statement outlining the steps the licensee will take to investigate and notify consumers affected by the cybersecurity event.

(13) The name of a contact person who is both familiar with the cybersecurity event and authorized to act for the licensee.

(e) The licensee has a continuing obligation to update and supplement initial and subsequent notifications to the commissioner regarding material changes to previously provided information relating to the cybersecurity event.

(f) A licensee shall comply with IC 24-4.9, as applicable, and provide a copy of the notice sent to consumers under IC 24-4.9 to the commissioner if the licensee is required to notify the commissioner under subsection (c).

(g) Nothing in this chapter abrogates or prevents an agreement between a licensee and:

(1) another licensee;

(2) a third party service provider; or

(3) any other party;

to fulfill any investigation requirements imposed under subsection (a) or notice requirements imposed under subsections (c) through (f).

As added by P.L.130-2020, SEC.10.
Ind. Code § 27-7-18-9 — Indiana Code / Title 27 / Article 7 / Chapter 18 / Section 27-7-18-9
"Provider network contract"
Status: in_force

Sec. 9. As used in this chapter, "provider network contract" means a contract between a contracting entity and one (1) or more providers:

(1) that establishes a network through which the providers:

(A) provide dental services to covered individuals; and

(B) are compensated for providing the dental services; and

(2) that specifies the rights and responsibilities of the contracting entity and the providers concerning the network.

As added by P.L.17-2024, SEC.19.
Ind. Code § 27-5.1-2-38 — Indiana Code / Title 27 / Article 5.1 / Chapter 2 / Section 27-5.1-2-38
Discontinuation of company
Status: in_force

Sec. 38. A farm mutual insurance company may vote to discontinue operations and settle its affairs under IC 27-1-10.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-29-17 — Indiana Code / Title 27 / Article 1 / Chapter 29 / Section 27-1-29-17
Bonds or notes issued by commission; purposes; status; procedures
Status: in_force

Sec. 17. (a) As used in this section:

(1) "basic fund" refers to the political subdivision risk management fund established by this chapter; and

(2) "catastrophic fund" refers to the political subdivision catastrophic liability fund established by IC 27-1-29.1.

(b) Before July 1, 2005, the commission may issue its bonds or notes in amounts that it considers necessary to provide funds to:

(1) establish or maintain the reserve account in the catastrophic fund provided for in IC 27-1-29.1-8;

(2) provide for the payment of liabilities payable out of the basic fund to the extent such liabilities exceed the money in the basic fund; and

(3) pay, fund, or refund, regardless of when due, the principal of or interest or redemption premiums on bonds or notes issued under subdivision (1) or (2).

Bonds or notes issued under subdivision (2) must mature within three (3) years after their date of issuance.

(c) The bonds or notes of the commission may be issued and sold by the commission to the Indiana bond bank under IC 5-1.5.

(d) Every issue of bonds or notes is an obligation of the commission. An issue of bonds or notes under subsection (b)(1) is payable solely from assessments imposed by the commission under IC 27-1-29.1 on political subdivisions that are members of the catastrophic fund, and the commission may secure such bonds or notes by a pledge of assessments imposed under IC 27-1-29.1. An issue of bonds or notes under subsection (b)(2) is payable solely from assessments imposed by the commission under section 12 of this chapter on political subdivisions that are members of the basic fund, and the commission may secure such bonds or notes by a pledge of assessments imposed under section 12 of this chapter.

(e) A bond or note of the commission:

(1) is not a debt, liability, loan of credit, or pledge of the faith and credit of the state; and

(2) must contain on its face a statement that the commission is obligated to pay principal and interest, and the redemption premium, if any, and that the faith, credit, and taxing power of the state are not pledged to the payment of the bond or note.

(f) The state pledges to and agrees with the holders of the bonds or notes issued under this chapter that the state will not:

(1) limit or restrict the rights vested in the commission to fulfill the terms of any agreement made with the holders of its bonds or notes; or

(2) in any way impair the rights or remedies of the holders of the bonds or notes;

until the bonds or notes, together with the interest on the bonds or notes, and interest on unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of the holders, are fully met, paid, and discharged.

(g) The bonds or notes of the commission are negotiable instruments for all purposes of IC 26-1, subject only to the provisions of the bonds and notes for registration.

(h) Bonds or notes of the commission must be authorized by resolution of the commission, may be issued in one (1) or more series, and must:

(1) bear the date;

(2) mature at the time or times;

(3) be in the denomination;

(4) be in the form;

(5) carry the conversion or registration privileges;

(6) have the rank or priority;

(7) be executed in the manner;

(8) be payable from the sources in the medium of payment at the place inside or outside the state; and

(9) be subject to the terms of redemption;

as the resolution of the commission or the trust agreement securing the bonds or notes provides.

(i) Bonds or notes may be issued under this chapter without obtaining the consent of any agency of the state and without any other proceeding or condition other than the proceedings or conditions specified in this chapter.

(j) The rate or rates of interest on the bonds or notes may be fixed or variable. Variable rates shall be determined in the manner and in accordance with the procedures set forth in the resolution authorizing the issuance of the bonds or notes. Bonds or notes bearing a variable rate of interest may be converted to bonds or notes bearing a fixed rate or rates of interest, and bonds or notes bearing a fixed rate or rates of interest may be converted to bonds or notes bearing a variable rate of interest, to the extent and in the manner set forth in the resolution pursuant to which the bonds or notes are issued. The interest on bonds or notes may be payable semiannually or annually or at any other interval or intervals as may be provided in the resolution, or the interest may be compounded and paid at maturity or at any other times as may be specified in the resolution.

(k) The bonds or notes may be made subject, at the option of the holders, to mandatory redemption by the commission at the times and under the circumstances set forth in the authorizing resolution.

(l) Bonds or notes of the commission may be sold at public or private sale at such price, either above or below the principal amount, as the commission fixes. If bonds or notes of the commission are to be sold at public sale, the commission shall comply with IC 5-1-11 and shall publish notice of the sale in accordance with IC 5-3-1-2 in two (2) newspapers published and of general circulation in Indianapolis.

(m) The commission may periodically issue its notes under this chapter and pay and retire the principal of the notes, pay the interest due on the notes, or fund or refund the notes from proceeds of bonds or of other notes or from other funds or money of the commission available for that purpose in accordance with a contract between the commission and the holders of the notes.

(n) The commission may secure any bonds or notes issued under this chapter by a trust agreement by and between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside Indiana.

(o) The trust agreement or the resolution providing for the issuance of the bonds or notes may contain provisions for protecting and enforcing the rights and remedies of the holders of any such bonds or notes as are reasonable and proper and not in violation of law.

(p) The trust agreement or resolution may set forth the rights and remedies of the holders of any bonds or notes and of the trustee and may restrict the individual right of action by the holders.

(q) In addition to the provisions of subsections (n) through (p), any trust agreement or resolution may contain other provisions the commission considers reasonable and proper for the security of the holders of any bonds or notes.

(r) All expenses incurred in carrying out the provisions of the trust agreement or resolution may be paid from assessments, revenues, or assets pledged or assigned to the payment of the principal of and the interest on bonds and notes or from any other funds available to the commission.

(s) Notwithstanding the restrictions of any other law, all financial institutions, investment companies, insurance companies, insurance associations, executors, administrators, guardians, trustees, and other fiduciaries may legally invest sinking funds, money, or other funds belonging to them or within their control in bonds or notes issued under this chapter.

(t) All bonds or notes issued under this chapter are issued by a body corporate and politic of this state, but not a state agency, and for an essential public and government purpose and the bonds and notes, the interest thereon, the proceeds received by a holder from the sale of the bonds or notes to the extent of the holder's cost of acquisition, proceeds received upon redemption before maturity, and proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.

As added by P.L.272-1987, SEC.6. Amended by P.L.21-1990, SEC.52; P.L.254-1997(ss), SEC.25; P.L.235-2005, SEC.203; P.L.79-2017, SEC.70.
Ind. Code § 27-7-6-9 — Indiana Code / Title 27 / Article 7 / Chapter 6 / Section 27-7-6-9
Compliance with request for reason for cancellation or nonrenewal; time limits
Status: in_force

Sec. 9. Where the reason for cancellation does not accompany or is not included in the notice of cancellation, the insurer shall upon written request of the named insured, mailed or delivered to the insurer not less than fifteen (15) days prior to the effective date of cancellation, specify in writing the reason for such cancellation. Such reason shall be mailed or delivered to the named insured within five (5) days after receipt of such request.

Formerly: Acts 1969, c.332, s.9.
Ind. Code § 27-13-38-4 — Indiana Code / Title 27 / Article 13 / Chapter 38 / Section 27-13-38-4
Drug utilization review programs; primary emphasis
Status: in_force

Sec. 4. The primary emphasis of the drug utilization review program established under section 3 of this chapter is to enhance quality of care for enrollees by assuring appropriate drug therapy.

As added by P.L.69-1998, SEC.16.
Ind. Code § 27-1-22-25 — Indiana Code / Title 27 / Article 1 / Chapter 22 / Section 27-1-22-25
Motor vehicle insurance; rating plan establishing higher rates for bankruptcy petitioners; violations
Status: in_force

Sec. 25. (a) This section only applies to a policyholder or an applicant who is an individual.

(b) As used in this section, "motor vehicle insurance" means any type of insurance described in IC 27-1-5-1, Class 2(f).

(c) A motor vehicle insurance rating plan filed under section 4 of this chapter may not establish a higher rate for a policyholder based on the fact that the policyholder has filed a voluntary petition under the federal bankruptcy law (11 U.S.C. 101 et seq.).

(d) The premium rate for an individual policy of motor vehicle insurance may not be set higher than the applicable rate set forth in the rating plan in effect under this chapter based on the fact that the policyholder or applicant has filed a voluntary petition under the federal bankruptcy law.

(e) The violation of this section is an unfair and deceptive act or practice in the business of insurance under IC 27-4-1-4.

As added by P.L.122-1992, SEC.1.
Ind. Code § 27-11-6-10 — Indiana Code / Title 27 / Article 11 / Chapter 6 / Section 27-11-6-10
Benefit contract issued on life of a minor; transfer of control of ownership to the insured
Status: in_force

Sec. 10. Benefit contracts issued on the lives of persons below the society's minimum age for adult membership may provide for transfer of control of ownership to the insured at an age specified in the certificate. A society may require approval of an application for membership in order to effect this transfer and may provide in all other respects for the regulation, government, and control of certificates and all rights, obligations, and liabilities incident to a benefit contract. Ownership rights before a transfer shall be specified in the certificate.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-1-36-9.2 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-9.2
"Fraternal benefit society"
Status: in_force

Sec. 9.2. As used in this chapter, "fraternal benefit society" refers to a society (as defined in IC 27-11-1-11) that holds a certificate of authority issued under IC 27-11-4 or IC 27-11-8-5.

As added by P.L.276-2013, SEC.19.
Ind. Code § 27-1-37-7 — Indiana Code / Title 27 / Article 1 / Chapter 37 / Section 27-1-37-7
Applicability; prohibition on preventing disclosure of health care service claims data; violation an unfair or deceptive act
Status: in_force

Sec. 7. (a) This section applies to health provider contracts entered into or renewed after June 30, 2020.

(b) A health provider contract, including a contract with a pharmacy benefit manager or a health facility, may not contain a provision that prohibits the disclosure of health care service claims data to:

(1) employers providing the coverage; or

(2) beginning July 1, 2021, another person for use in the all payer claims data base established by IC 27-1-44.5.

However, any disclosure of claims data must comply with health privacy laws, including the federal Health Insurance Portability and Accountability Act (HIPAA) (P.L. 104-191).

(c) A violation of this section constitutes an unfair or deceptive act or practice in the business of insurance under IC 27-4-1-4.

As added by P.L.50-2020, SEC.5. Amended by P.L.93-2020, SEC.10; P.L.198-2021, SEC.21.
Ind. Code § 27-9-3-47 — Indiana Code / Title 27 / Article 9 / Chapter 3 / Section 27-9-3-47
Audit of books of commissioner relating to receivership
Status: in_force

Sec. 47. The Marion County circuit court may, as the court considers desirable, cause audits to be made of the books of the commissioner relating to any receivership established under IC 27-9, and a report of each audit must be filed with the commissioner and with the court. The books, records, and other documents of the receivership must be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of the administration of the receivership.

As added by Acts 1979, P.L.255, SEC.1.
Ind. Code § 27-2-2-2 — Indiana Code / Title 27 / Article 2 / Chapter 2 / Section 27-2-2-2
Fees of insurance commissioner
Status: in_force

Sec. 2. The insurance commissioner shall charge and collect for the state of Indiana the sum of five dollars ($5) in each and every case for the examination of the charter and five dollars ($5) in each and every case for the examination of the statement and investigation of evidence of the investment of the assets of such company in accordance with the provisions of their respective charters, and two dollars ($2) for each certified copy of such statement, and shall pay the same over to the treasurer of state to go into the general fund of the state; provided, however, the provisions of this chapter shall not apply to farmers' mutual fire insurance associations organized under special act since the year 1852, and doing business strictly under the assessment plan.

Formerly: Acts 1899, c.134, s.2. As amended by P.L.252-1985, SEC.126.
Ind. Code § 27-1-12.5-5 — Indiana Code / Title 27 / Article 1 / Chapter 12.5 / Section 27-1-12.5-5
Cash surrender benefits
Status: in_force

Sec. 5. If an annuity contract provides cash surrender benefits, the amount of these benefits available prior to maturity shall not be less than the present value as of the date of surrender of that portion of the maturity value of the paid-up annuity benefit which would be provided under the contract at maturity arising from considerations paid prior to the time of cash surrender reduced by the amount appropriate to reflect any prior withdrawals from or partial surrenders of the contract, such present value being calculated on the basis of an interest rate not more than one percent (1%) higher than the interest rate specified in the contract for accumulating the net considerations to determine such maturity value, decreased by the amount of any indebtedness to the company on the contract, including interest due and accrued, and increased by any existing additional amounts credited by the company to the contract. In no event shall any cash surrender benefit be less than the minimum nonforfeiture amount at that time. The death benefit under such an annuity contract shall be at least equal to the cash surrender benefit.

As added by Acts 1977, P.L.286, SEC.1.
Ind. Code § 27-1-38-10 — Indiana Code / Title 27 / Article 1 / Chapter 38 / Section 27-1-38-10
Acknowledgment of receipt of required disclosure
Status: in_force

Sec. 10. (a) A depository institution that solicits, sells, advertises, or offers insurance, a depository institution's affiliate that solicits, sells, advertises, or offers insurance, or a person that sells, solicits, advertises, or offers insurance on behalf of a depository institution shall obtain from a customer to whom a disclosure is made under section 9 of this chapter a written acknowledgment of receipt of the disclosure:

(1) when the customer receives the disclosure; or

(2) at the time of the initial purchase of the insurance.

(b) If a solicitation for insurance is conducted by telephone, the depository institution, the affiliate of a depository institution, or the person that sells, solicits, advertises, or offers insurance on behalf of a depository institution shall:

(1) obtain an oral acknowledgment of receipt of the disclosure;

(2) maintain documentation to show that the acknowledgment was given by the customer; and

(3) make reasonable efforts to obtain a written acknowledgment from the customer.

As added by P.L.130-2002, SEC.2.
Ind. Code § 27-1-6.5-3 — Indiana Code / Title 27 / Article 1 / Chapter 6.5 / Section 27-1-6.5-3
Foreign insurers; change of domicile to another foreign state; merger or consolidation conditions
Status: in_force

Sec. 3. Any foreign insurance company admitted to transact business in this state may, upon proper notice to the commissioner, change its domicile by merger, consolidation, or otherwise to another foreign state without interruption of its licensing and without reapplying as a foreign insurer if:

(1) the change in domicile does not result in a reduction in the company's assets or surplus below the requirements for admission as a foreign insurer under IC 27-1-17-5;

(2) there is no substantial change in the lines of insurance to be written by the company; and

(3) the change in domicile has been approved by the supervising regulatory officials of both the former and new state of domicile.

As added by Acts 1980, P.L.170, SEC.1.
Ind. Code § 27-1-15.7-2.4 — Indiana Code / Title 27 / Article 1 / Chapter 15.7 / Section 27-1-15.7-2.4
Continuing education credit for insurance producer participation in professional insurance organization
Status: in_force

Sec. 2.4. (a) This section applies to an insurance producer licensed under IC 27-1-15.6 who is subject to the continuing education requirement set forth in section 2(a) of this chapter.

(b) If an insurance producer actively participates in a state or national professional insurance organization, the insurance commissioner may:

(1) recognize the insurance producer's participation in the professional insurance organization; and

(2) apply the insurance producer's participation toward partial satisfaction of the continuing education requirement set forth in section 2(a) of this chapter.

(c) To be recognized and applied under subsection (b), an insurance producer's participation in a professional insurance organization must be one of the following:

(1) Service on the board of directors of:

(A) a state professional insurance organization;

(B) a state chapter of a national professional insurance organization; or

(C) a national professional insurance organization.

(2) Service on a formal committee of:

(A) a state professional insurance organization;

(B) a state chapter of a national professional insurance organization; or

(C) a national professional insurance organization.

(3) Service on a formal subcommittee or task force of:

(A) a state professional insurance organization;

(B) a state chapter of a national professional insurance organization; or

(C) a national professional insurance organization.

(d) Not more than two (2) of the twenty-four (24) total hours of credit in continuing education courses required of an insurance producer by section 2(a) of this chapter may be satisfied under this section in each two (2) year licensing period.

(e) If an insurance producer's participation in a professional insurance organization is recognized and applied under subsection (b), one (1) hour of the insurance producer's participation in the professional insurance organization shall count toward satisfaction of one (1) hour of the twenty-four (24) total hours of credit in continuing education courses required by section 2(a) of this chapter, subject to the limit set forth in subsection (d).

(f) An insurance producer's participation in a professional insurance organization may not be applied under this section toward the satisfaction of the requirement under section 2(a) of this chapter, if applicable, that an insurance producer complete at least three (3) hours of credit in continuing education courses related to ethical practices in the marketing and sale of life, health, or annuity insurance products in each two (2) year licensing period.

(g) To be recognized and applied under subsection (b) toward satisfaction of an insurance producer's continuing education requirements under section 2(a) of this chapter for a two (2) year licensing period, the insurance producer's participation in a professional insurance organization must:

(1) occur during that two (2) year licensing period; and

(2) be verified by the professional insurance organization in a communication submitted to the insurance commissioner before the deadline (if any) established by the rules adopted under subsection (h).

(h) The insurance commissioner may adopt rules under IC 4-22-2 to administer this section.

As added by P.L.226-2023, SEC.2.
Ind. Code § 27-8-5.7-5 — Indiana Code / Title 27 / Article 8 / Chapter 5.7 / Section 27-8-5.7-5
Notice of deficiencies in claims
Status: in_force

Sec. 5. (a) An insurer shall pay or deny each clean claim in accordance with sections 6 and 6.5 of this chapter.

(b) An insurer shall notify a provider of any deficiencies in a submitted claim not more than:

(1) thirty (30) days for a claim that is filed electronically; or

(2) forty-five (45) days for a claim that is filed on paper;

and describe any remedy necessary to establish a clean claim.

(c) Failure of an insurer to notify a provider as required under subsection (b) establishes the submitted claim as a clean claim.

As added by P.L.162-2001, SEC.5. Amended by P.L.137-2002, SEC.2; P.L.190-2023, SEC.27.
Ind. Code § 27-8-24.3-5 — Indiana Code / Title 27 / Article 8 / Chapter 24.3 / Section 27-8-24.3-5
"Insurer" defined
Status: in_force

Sec. 5. As used in this chapter, "insurer" means a company, a firm, a partnership, an association, an order, a society, or a system:

(1) making any of the kinds of insurance; or

(2) entering into any of the kinds of contracts;

described in section 1 of this chapter.

As added by P.L.188-1996, SEC.2.
Ind. Code § 27-2-27-5 — Indiana Code / Title 27 / Article 2 / Chapter 27 / Section 27-2-27-5
"Cybersecurity event"
Status: in_force

Sec. 5. As used in this chapter, "cybersecurity event" means an event resulting in unauthorized access to or a disruption or misuse of an information system or nonpublic information stored on the information system that has a reasonable likelihood of materially harming a consumer or any material part of the normal operations of the licensee. However, the term does not include the following:

(1) The unauthorized acquisition of encrypted nonpublic information if the encryption, process, or key is not also acquired, released, or used without authorization.

(2) An event in which a licensee has determined that the nonpublic information accessed by an unauthorized person has not been used or released and has been returned or destroyed.

As added by P.L.130-2020, SEC.10.
Ind. Code § 27-8-19.8-19 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-19
Suspension, revocation, or refusal to renew license
Status: in_force

Sec. 19. After a hearing under IC 4-21.5, the department may suspend, revoke, or refuse to renew a viatical settlement provider's license, or impose a civil penalty, or both, if the department finds any of the following:

(1) There was a misrepresentation in the application for the license.

(2) The viatical settlement provider is untrustworthy or incompetent to act as a viatical settlement provider.

(3) The viatical settlement provider demonstrates a pattern of unreasonable payments to viators.

(4) The viatical settlement provider has been convicted of, or pleaded guilty or nolo contendere to, an offense the definition of which includes fraudulent acts as an element of the offense regardless of whether a judgement has been entered by the court.

(5) The viatical settlement provider no longer meets the requirements for initial licensure.

(6) The viatical settlement provider has failed to honor the contractual obligations of a viatical settlement contract.

(7) The viatical settlement provider has violated 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.21.
Ind. Code § 27-1-12-39 — Indiana Code / Title 27 / Article 1 / Chapter 12 / Section 27-1-12-39
Direct response solicitations; notice of payment of compensation
Status: in_force

Sec. 39. (a) As used in this section, "direct response solicitation" means a solicitation through a sponsoring or endorsing entity through the mails, telephone, or other mass communications media.

(b) As used in this section, "sponsoring or endorsing entity" means an organization that has arranged for the offering of a program of insurance in a manner that communicates that:

(1) eligibility for participation in the program is dependent upon affiliation with the organization; or

(2) the organization encourages participation in the program.

(c) This section applies to any program of insurance that, if issued on a group basis, would not conform to one (1) of the descriptions in section 37 of this chapter.

(d) If compensation of any kind will or may be paid, under a program of insurance described in subsection (c), to:

(1) a policyholder or sponsoring or endorsing entity in the case of a group policy; or

(2) a sponsoring or endorsing entity in the case of individual, blanket, or franchise policies marketed by means of direct response solicitation;

the insurer shall cause to be distributed to prospective insureds under the program a written notice that compensation will or may be paid under the program as indicated in subdivision (1) or (2).

(e) The notice required under subsection (d) shall be given:

(1) whether the compensation that will or may be paid is direct or indirect; and

(2) whether the compensation is to be paid to or retained by:

(A) the policyholder or sponsoring or endorsing entity; or

(B) a third party, at the direction of the policyholder or sponsoring or endorsing entity, or any entity affiliated with the sponsoring or endorsing entity by way of ownership, contract, or employment.

(f) The notice required under subsection (d) shall be placed on or accompany any application or enrollment form provided prospective insureds.

As added by P.L.254-1985, SEC.3.
Ind. Code § 27-8-28-4 — Indiana Code / Title 27 / Article 8 / Chapter 28 / Section 27-8-28-4
"Department"
Status: in_force

Sec. 4. As used in this chapter, "department" refers to the department of insurance.

As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.
Ind. Code § 27-19-4-2 — Indiana Code / Title 27 / Article 19 / Chapter 4 / Section 27-19-4-2
Regulation of navigator and application organization
Status: in_force

Sec. 2. Neither a navigator nor an application organization is subject to the licensing requirements of IC 27-1-15.6.

As added by P.L.278-2013, SEC.27.
Ind. Code § 27-8-8-3 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-3
Creation of association; membership; accounts; supervision
Status: in_force

Sec. 3. (a) There is created a nonprofit legal entity referred to as the Indiana Life and Health Insurance Guaranty Association. A member insurer shall be and remain a member of the association as a condition of the member insurer's authority to transact insurance in Indiana. The association shall perform its functions under the plan of operation established and approved under section 7 of this chapter. The association shall exercise its powers through a board of directors established under section 4 of this chapter. For purposes of administration and assessment the association shall maintain the following two (2) accounts:

(1) The health account.

(2) The life insurance and annuity account, which includes the following subaccounts:

(A) The life insurance subaccount.

(B) The annuity subaccount, which includes 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, but otherwise excludes unallocated annuities.

(C) The unallocated annuity subaccount, which excludes 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.

(b) The association is under the immediate supervision of the commissioner and subject to the applicable provisions of the insurance laws of Indiana.

As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.130-1994, SEC.43; P.L.116-1994, SEC.61; P.L.193-2006, SEC.12; P.L.208-2018, SEC.15.
Ind. Code § 27-10-3-17 — Indiana Code / Title 27 / Article 10 / Chapter 3 / Section 27-10-3-17
Registration of licenses; power of attorney
Status: in_force

Sec. 17. (a) A bail agent may not become a surety on an undertaking unless the bail agent has registered the bail agent's license in the office of the sheriff and with the clerk of the circuit court in the county in which the bail agent resides. The bail agent may then become a surety on an undertaking in any other county upon filing a copy of the bail agent's license in the office of the sheriff and with the clerk of the circuit court in the other county. A surety bail agent must also file an original qualifying power of attorney signed by the bail agent and attached to a specimen bail bond with the clerk of the circuit court and file a copy of the qualifying power of attorney with the office of the sheriff. The clerk of the circuit court and the sheriff may not permit the registration of a bail agent unless the bail agent is currently licensed by the commissioner under this article.

(b) A recovery agent may not perform the recovery agent's duties unless the recovery agent has registered the recovery agent's license within fifteen (15) days of issuance or any renewal in the office of the sheriff and with the clerk of the circuit court in the county where the recovery agent resides. The clerk of the circuit court and the sheriff may not permit a registration unless the recovery agent is properly licensed by the commissioner under this article.

As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.24; P.L.348-1995, SEC.6.
Ind. Code § 27-14.5-4-5 — Indiana Code / Title 27 / Article 14.5 / Chapter 4 / Section 27-14.5-4-5
Deadline for insurance commissioner decision on plan of reorganization
Status: in_force

Sec. 5. The commissioner shall approve or disapprove any plan submitted under this article on or before the later of:

(1) thirty (30) days after a hearing or comment period held under this chapter; or

(2) thirty (30) days after the commissioner accepts the application relating to the plan.

As added by P.L.226-2023, SEC.30.
Ind. Code § 27-1-15.9-1 — Indiana Code / Title 27 / Article 1 / Chapter 15.9 / Section 27-1-15.9-1
Definitions
Status: in_force

Sec. 1. The definitions in IC 27-1-15.6-2 apply throughout this chapter.

As added by P.L.4-2012, SEC.3.
Ind. Code § 27-8-5-14 — Indiana Code / Title 27 / Article 8 / Chapter 5 / Section 27-8-5-14
Exception of fraternal benefit associations
Status: in_force

Sec. 14. The provisions of sections 2 and 3 of this chapter shall not be applicable to fraternal benefit associations or societies.

Formerly: Acts 1953, c.15, s.169.15; Acts 1957, c.20, s.1. As amended by P.L.252-1985, SEC.310.
Ind. Code § 27-1-33-5 — Indiana Code / Title 27 / Article 1 / Chapter 33 / Section 27-1-33-5
Underwrite
Status: in_force

Sec. 5. As used in this chapter, "underwrite" means the authority to accept or reject risk on behalf of the insurer.

As added by P.L.1-1992, SEC.148.
Ind. Code § 27-1-6-20 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-20
Repealed
Status: repealed

Formerly: Acts 1967, c.127, s.7. Repealed by P.L.108-1985, SEC.1.
Ind. Code § 27-8-8-5.2 — Indiana Code / Title 27 / Article 8 / Chapter 8 / Section 27-8-8-5.2
Association election to succeed to rights and duties of impaired or insolvent insurer; reinsurance
Status: in_force

Sec. 5.2. (a) At any time within one (1) year after the coverage date for an impaired insurer or insolvent insurer, the association may elect, subject to subdivisions (1) through (4), to succeed to the rights and obligations of the impaired insurer or insolvent insurer that accrue on or after the coverage date and that relate to covered policies under one (1) or more indemnity reinsurance agreements entered into by the impaired insurer or insolvent insurer as a ceding insurer. However, the association may not exercise an election with respect to a reinsurance agreement if the receiver, rehabilitator, or liquidator of the impaired insurer or insolvent insurer has previously and expressly disaffirmed the reinsurance agreement. The election by the association must be effected by a notice to the receiver, rehabilitator, or liquidator and to the affected reinsurers specifying the reinsurance agreement concerning which the association has made the foregoing election. If the association makes an election, the following apply with respect to the agreements selected by the association:

(1) The association is responsible for:

(A) all unpaid premiums due under the agreements for periods before and after the coverage date; and

(B) the performance of all other obligations of the impaired insurer or insolvent insurer to be performed after the coverage date;

that relate to covered policies. The association may charge covered policies that are only partially covered by the association, through reasonable allocation methods, the costs for reinsurance in excess of the obligations of the association.

(2) The association is entitled to any amount payable by the reinsurer under the selected agreements:

(A) with respect to losses or events that occur during periods after the coverage date; and

(B) that relate to covered policies.

Of the amount received from the reinsurer, the association is obliged to pay to the beneficiary under the covered policy on account of which the amount was paid a portion of the amount equal to the excess of the amount received by the association over benefits paid by the association on account of the covered policy less the retention of the impaired insurer or insolvent insurer applicable to the loss or event.

(3) Within thirty (30) days after the association's election, the association and each indemnity reinsurer shall calculate the net balance due to or from the association under each reinsurance agreement as of the date of the association's election, giving full credit to all items paid by the:

(A) impaired insurer or insolvent insurer, or the impaired insurer's or insolvent insurer's receiver, rehabilitator, or liquidator; or

(B) indemnity reinsurer;

during the period between the coverage date and the date of the association's election. Either the association or indemnity reinsurer shall pay the net balance due the other not more than five (5) days after the completion of the calculation. If the receiver, rehabilitator, or liquidator has received any amount due the association under subdivision (2), the receiver, rehabilitator, or liquidator shall remit the amount to the association as promptly as practicable.

(4) If the association, within sixty (60) days of the election, pays the premiums due for periods before and after the coverage date that relate to covered policies, the reinsurer is not entitled to:

(A) terminate the reinsurance agreements insofar as the agreements relate to covered policies; or

(B) set off any unpaid premium due for periods before the coverage date against amounts due the association.

(b) If the association transfers any of the association's obligations to another insurer, and if the association and the other insurer agree, the other insurer succeeds to the rights and obligations of the association under subsection (a) with respect to the transferred obligations effective as of the date agreed upon by the association and the other insurer and regardless of whether the association has made the election referred to in subsection (a), except that the:

(1) indemnity reinsurance agreements automatically terminate for new reinsurance unless the indemnity reinsurer and the other insurer agree to the contrary; and

(2) obligations of the association described in subsection (a)(2) no longer apply on and after the date the indemnity reinsurance agreement is transferred to the third party insurer.

This subsection does not apply if the association has previously notified the receiver, rehabilitator, or liquidator and the affected reinsurer in writing that the association will not exercise the election referred to in subsection (a).

(c) Subsections (a) and (b) supersede any other law or affected reinsurance agreement that provides for or requires payment of reinsurance proceeds, on account of losses or events that occur after the coverage date, to the receiver, liquidator, or rehabilitator of the impaired insurer or insolvent insurer. The receiver, rehabilitator, or liquidator remains entitled to amounts payable by the reinsurer under the reinsurance agreement with respect to losses or events that occur before the coverage date, subject to applicable setoff provisions.

(d) Except as provided in subsections (a), (b), and (c), this chapter does not alter or modify the terms and conditions of indemnity reinsurance agreements of the insolvent insurer.

(e) This chapter does not:

(1) abrogate or limit the rights of a reinsurer to claim that the reinsurer is entitled to rescind a reinsurance agreement; or

(2) give a policy owner, insured, or beneficiary an independent cause of action against an indemnity reinsurer that is not otherwise set forth in the indemnity reinsurance agreement.

As added by P.L.193-2006, SEC.15. Amended by P.L.208-2018, SEC.18.
Ind. Code § 27-8-12-19 — Indiana Code / Title 27 / Article 8 / Chapter 12 / Section 27-8-12-19
Violations; civil penalty; amount
Status: in_force

Sec. 19. (a) In addition to any other sanction provided under this article, the commissioner may impose a civil penalty against an insurer who has violated this chapter or rules adopted under this chapter. A penalty imposed under this section must be the greater of:

(1) three (3) times the amount of the commissions paid for each policy involved in the violation; or

(2) ten thousand dollars ($10,000).

(b) In addition to any other sanction provided under this title, the commissioner may impose a penalty against an insurance producer who has violated this chapter or rules adopted under this chapter. The penalty must be the greater of:

(1) up to three (3) times the amount of the commissions paid to that insurance producer for each policy involved in the violation; or

(2) twenty-five hundred dollars ($2,500).

As added by P.L.114-1991, SEC.21. Amended by P.L.178-2003, SEC.68.
Ind. Code § 27-8-15-28 — Indiana Code / Title 27 / Article 8 / Chapter 15 / Section 27-8-15-28
Waiver of exclusion and limitation period
Status: in_force

Sec. 28. (a) As used in this section, "health insurance plan" means coverage provided under any of the following:

(1) A hospital or medical expense incurred policy or certificate.

(2) A hospital or medical service plan contract.

(3) A health maintenance organization subscriber contract.

(4) Medicare or Medicaid.

(5) An employer based health insurance arrangement.

(6) An individual health insurance policy.

(7) A policy issued by the Indiana comprehensive health insurance association under IC 27-8-10.

(8) An employee welfare benefit plan (as defined in 29 U.S.C. 1002) that is self-funded.

(9) A conversion policy issued under section 31 or 31.1 of this chapter.

(b) Except as provided in section 29 of this chapter, a small employer insurer shall waive the exclusion period described in section 27 of this chapter applicable to a preexisting condition or the limitation period with respect to a particular service in a health insurance plan for the time an eligible employee or a dependent of an eligible employee was previously covered by a health insurance plan if the following conditions are met:

(1) The eligible employee or a dependent of the eligible employee was previously covered by a health insurance plan that provided benefits with respect to the particular service.

(2) Coverage under the health insurance plan was continuous to a date not more than sixty-three (63) days before the effective date of enrollment by:

(A) the eligible employee; or

(B) a dependent of the eligible employee.

(c) In determining whether an eligible employee or a dependent of the eligible employee meets the requirements of subsection (b)(2), a waiting period imposed by a small employer insurer or small employer before new coverage may become effective must be excluded from the calculation.

(d) This section does not preclude the application of any waiting period applicable to all new enrollees under a plan.

As added by P.L.93-1995, SEC.16. Amended by P.L.190-1996, SEC.6; P.L.91-1998, SEC.19.
Ind. Code § 27-15-4-3 — Indiana Code / Title 27 / Article 15 / Chapter 4 / Section 27-15-4-3
Commencement of hearing; postponement
Status: in_force

Sec. 3. The public hearing shall commence within sixty (60) days after the date on which the commissioner determines the application is complete, unless the converting mutual requests, and the commissioner agrees to, a longer period. In the event that an amendment to the plan of conversion or the application for approval is filed with the commissioner after the commissioner has determined the application is complete, the hearing may be postponed for a period not to exceed sixty (60) days after the filing of the amendment.

As added by P.L.94-1999, SEC.3.
Ind. Code § 27-1-37.1-11 — Indiana Code / Title 27 / Article 1 / Chapter 37.1 / Section 27-1-37.1-11
Chapter inapplicable to compliance with state or federal laws
Status: in_force

Sec. 11. This chapter does not apply to an amendment to a health provider contract that is required to comply with a state or federal law.

As added by P.L.196-2001, SEC.1.
Ind. Code § 27-5.1-1-16 — Indiana Code / Title 27 / Article 5.1 / Chapter 1 / Section 27-5.1-1-16
"Standard company"
Status: in_force

Sec. 16. "Standard company" means a farm mutual insurance company that may provide insurance coverage under IC 27-5.1-3. The term does not include an extended company.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-35-12 — Indiana Code / Title 27 / Article 1 / Chapter 35 / Section 27-1-35-12
Audit committees
Status: in_force

Sec. 12. Each controlled insurer shall have an audit committee of the board of directors composed of independent directors. The audit committee shall annually meet with management, the insurer's independent certified public accountants, and an independent casualty actuary or other independent loss reserve specialist acceptable to the commissioner to review the adequacy of the insurer's loss reserves.

As added by P.L.130-1994, SEC.36 and P.L.116-1994, SEC.47.
Ind. Code § 27-1-23.5-3 — Indiana Code / Title 27 / Article 1 / Chapter 23.5 / Section 27-1-23.5-3
"Insurance group"
Status: in_force

Sec. 3. As used in this chapter, "insurance group", for purposes of conducting an ORSA, means insurers and affiliates of an insurance holding company system (as defined in IC 27-1-23-1).

As added by P.L.129-2014, SEC.8.
Ind. Code § 27-8-3-23 — Indiana Code / Title 27 / Article 8 / Chapter 3 / Section 27-8-3-23
Exemption of benefits and premiums from judicial process
Status: in_force

Sec. 23. (a) As used in this section, "premium" includes any deposit or contribution.

(b) The money or benefit provided or rendered by any corporation, association, or society authorized to do business under this chapter shall not be liable to attachment by garnishee or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process, nor by any operation of law, to pay any debt or liability of a policy or certificate holder or any beneficiary named in the policy or certificate.

(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 bankruptcy 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 1897, c.195, s.23. As amended by P.L.252-1985, SEC.292; P.L.253-1995, SEC.4; P.L.136-2018, SEC.192.
Ind. Code § 27-5.1-2-33 — Indiana Code / Title 27 / Article 5.1 / Chapter 2 / Section 27-5.1-2-33
Policyholder liability after policy termination
Status: in_force

Sec. 33. (a) A policyholder is not liable for an assessment of losses or expenses that are incurred by a farm mutual insurance company after the policyholder has terminated the policyholder's insurance policy.

(b) A former policyholder is not liable for an assessment for obligations incurred by a farm mutual insurance company before the policyholder terminated the insurance policy on which the assessment is made unless the farm mutual insurance company gives the former policyholder notice of the assessment less than one (1) year after the date of termination of the insurance policy.

As added by P.L.129-2003, SEC.8.
Ind. Code § 27-1-37-1.5 — Indiana Code / Title 27 / Article 1 / Chapter 37 / Section 27-1-37-1.5
"Health carrier" defined
Status: in_force

Sec. 1.5. (a) As used in this chapter, "health carrier" means an entity:

(1) that is subject to IC 27 and the administrative rules adopted under IC 27; and

(2) that enters into a contract to:

(A) provide health care services;

(B) deliver health care services;

(C) arrange for health care services; or

(D) pay for or reimburse any of the costs of health care services.

(b) The term includes the following:

(1) An insurer, as defined in IC 27-1-2-3(x), that issues a policy of accident and sickness insurance, as defined in IC 27-8-5-1(a).

(2) A health maintenance organization, as defined in IC 27-13-1-19.

(3) An administrator (as defined in IC 27-1-25-1(a)) that is licensed under IC 27-1-25.

(4) A state employee health plan offered under IC 5-10-8.

(5) A short term insurance plan (as defined by IC 27-8-5.9-3).

(6) Any other entity that provides a plan of health insurance, health benefits, or health care services.

(c) The term does not include:

(1) an insurer that issues a policy of accident and sickness insurance;

(2) a limited service health maintenance organization (as defined in IC 27-13-34-4); or

(3) an administrator;

that only provides coverage for, or processes claims for, dental or vision care services.

As added by P.L.198-2021, SEC.17.
Ind. Code § 27-1-6.5-1 — Indiana Code / Title 27 / Article 1 / Chapter 6.5 / Section 27-1-6.5-1
Foreign insurers; qualification as domestic insurer; requirements
Status: in_force

Sec. 1. (a) Any foreign insurance company which is admitted to transact business in Indiana may, upon complying with the requirements for formation of a domestic company under IC 27-1-6, become a domestic insurer. When those requirements have been met, the commissioner may issue a certificate of authority, under IC 27-1-3-20, to permit the company to transact business in the state as a domestic company.

(b) A company which changes its status from foreign to domestic under subsection (a) has all the rights, titles, and interests in the assets of the original corporation, as well as all of its liabilities and obligations. The company shall be recognized as a company formed under the laws of this state as of the date of its incorporation in its original domiciliary state.

As added by Acts 1980, P.L.170, SEC.1.
Ind. Code § 27-7-2-28 — Indiana Code / Title 27 / Article 7 / Chapter 2 / Section 27-7-2-28
Duty to insure and accept certain rejected risks
Status: in_force

Sec. 28. From and after July 1, 1935, all insurance companies authorized to effect worker's compensation insurance in this state, and being members of the worker's compensation rating bureau of Indiana, shall insure and accept any worker's compensation risk tendered to and rejected in writing by any three (3) members of the bureau in the manner provided in this chapter.

Formerly: Acts 1935, c.323, s.28. As amended by P.L.252-1985, SEC.238; P.L.28-1988, SEC.100.
Ind. Code § 27-8-19.8-5 — Indiana Code / Title 27 / Article 8 / Chapter 19.8 / Section 27-8-19.8-5
"Viatical settlement provider" defined
Status: in_force

Sec. 5. (a) As used in this chapter, "viatical settlement provider" means a person, other than a viator, that:

(1) enters into a viatical settlement contract with a viator; or

(2) obtains financing for the purchase, acquisition, transfer, or other assignment of one (1) or more viatical settlement contracts, viaticated policies, or interests in such a contract or policy, or otherwise sells, assigns, transfers, pledges, hypothecates, or disposes of one (1) or more viatical settlement contracts, viaticated policies, or interests in such a contract or policy.

(b) The term does not include any of the following:

(1) A bank, savings bank, savings association, credit union, or other licensed lending institution that takes an assignment of a life insurance policy as collateral for a loan.

(2) The issuer of a life insurance policy that makes a policy loan, permits surrender of the policy, or pays other policy benefits, including accelerated benefits, in accordance with the terms of the policy.

As added by P.L.130-1994, SEC.47 and P.L.116-1994, SEC.70. Amended by P.L.32-1998, SEC.5; P.L.79-1998, SEC.32; P.L.136-2018, SEC.199.
Ind. Code § 27-1-51-6 — Indiana Code / Title 27 / Article 1 / Chapter 51 / Section 27-1-51-6
"Health insurance coverage"
Status: in_force

Sec. 6. (a) As used in this chapter, "health insurance coverage" means:

(1) an individual or group policy of accident and sickness insurance (as defined in IC 27-8-5-1);

(2) an individual contract (as defined in IC 27-13-1-21) or a group contract (as defined in IC 27-13-1-16) that provides coverage for basic health care services (as defined in IC 27-13-1-4); and

(3) any other health plan that is issued on an individual or group basis;

that is subject to state law and rules regulating insurance or subject to the jurisdiction of the department. The term includes coverage of a dependent of the covered individual under a policy or contract described in subdivisions (1) through (3).

(b) The term does not include a self-funded health benefit plan that complies with the federal Employee Retirement Income Security Act (ERISA) of 1974 (29 U.S.C. 1001 et seq.).

As added by P.L.237-2025, SEC.10.
Ind. Code § 27-13-28-5 — Indiana Code / Title 27 / Article 13 / Chapter 28 / Section 27-13-28-5
Injunctive or other relief
Status: in_force

Sec. 5. In the case of a violation of this article, if the commissioner elects not to issue a cease and desist order, or in the event of noncompliance with a cease and desist order issued under section 4 of this chapter, the commissioner may institute a proceeding to obtain injunctive relief or other appropriate relief in the Marion County circuit court.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-1-12.8-25 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-25
Minimum standard for valuation of annuities and pure endowment contracts; mortality tables
Status: in_force

Sec. 25. (a) Except as provided in section 26 of this chapter, the minimum standard of valuation for individual annuity and pure endowment contracts issued on or after the operative date of this section, and for annuities and pure endowments purchased on or after the operative date of this section under group annuity and pure endowment contracts, and before the operative date of the Valuation Manual specified in section 34 of this chapter, is the commissioners reserve valuation methods defined in sections 27 and 28 of this chapter and the following tables and interest rates:

(1) For individual annuity and pure endowment contracts issued before September 1, 1979, excluding disability and accidental death benefits in the contracts, both of the following:

(A) Either of the following:

(i) The 1971 Individual Annuity Mortality Table.

(ii) A modification of the table that is approved by the commissioner in rules adopted under IC 4-22-2.

(B) Either of the following:

(i) Six percent (6%) interest for single premium immediate annuity contracts.

(ii) Four percent (4%) interest for all other individual annuity and pure endowment contracts.

(2) For individual single premium immediate annuity contracts issued after August 31, 1979, excluding disability and accidental death benefits in the contracts, both of the following:

(A) One (1) of the following:

(i) The 1971 Individual Annuity Mortality Table.

(ii) An individual annuity mortality table adopted after 1980 by the NAIC that is approved by rule adopted by the commissioner under IC 4-22-2 for use in determining the minimum standard of valuation for the contracts.

(iii) A modification of a table described in item (i) or (ii) that is approved by the commissioner in rules adopted under IC 4-22-2.

(B) Seven and one-half percent (7 1/2%) interest.

(3) For individual annuity and pure endowment contracts issued after August 31, 1979, other than single premium immediate annuity contracts, excluding disability and accidental death benefits in the contracts, both of the following:

(A) One (1) of the following:

(i) The 1971 Individual Annuity Mortality Table.

(ii) An individual annuity mortality table adopted after 1980 by the NAIC that is approved by rule adopted by the commissioner under IC 4-22-2 for use in determining the minimum standard of valuation for the contracts.

(iii) A modification of a table described in item (i) or (ii) that is approved by the commissioner in rules adopted under IC 4-22-2.

(B) Either of the following:

(i) Five and one-half percent (5 1/2%) interest for single premium deferred annuity and pure endowment contracts.

(ii) Four and one-half percent (4 1/2%) interest for all other individual annuity and pure endowment contracts.

(4) For annuities and pure endowments purchased before September 1, 1979, under group annuity and pure endowment contracts, excluding disability and accidental death benefits purchased under the contracts, both of the following:

(A) Either of the following:

(i) The 1971 Group Annuity Mortality Table.

(ii) A modification of the table that is approved by the commissioner in rules adopted under IC 4-22-2.

(B) Six percent (6%) interest.

(5) For annuities and pure endowments purchased after August 31, 1979, under group annuity and pure endowment contracts, excluding disability and accidental death benefits purchased under the contracts, both of the following:

(A) One (1) of the following:

(i) The 1971 Group Annuity Mortality Table.

(ii) A group annuity mortality table adopted after 1980 by the NAIC that is approved by rule adopted by the commissioner under IC 4-22-2 for use in determining the minimum standard of valuation for annuities and pure endowments.

(iii) A modification of a table described in item (i) or (ii) that is approved by the commissioner in rules adopted under IC 4-22-2.

(B) Seven and one-half percent (7 1/2%) interest.

(b) After September 1, 1973, a company may file with the commissioner a written notice of the company's election to comply with this section after a specified date before January 1, 1979, which is the operative date of this section for the company. If a company makes no election, the operative date of this section for the company is January 1, 1979.

As added by P.L.276-2013, SEC.10. Amended by P.L.124-2018, SEC.26.
Ind. Code § 27-1-2.1-2 — Indiana Code / Title 27 / Article 1 / Chapter 2.1 / Section 27-1-2.1-2
Health care sharing ministry not engaged in the business of insurance
Status: in_force

Sec. 2. A health care sharing ministry is not considered to be engaged in the business of insurance under this title or any other provision of Indiana law.

As added by P.L.13-2012, SEC.1.
Ind. Code § 27-1-1.5-30 — Indiana Code / Title 27 / Article 1 / Chapter 1.5 / Section 27-1-1.5-30
"Uniform Application"
Status: in_force

Sec. 30. "Uniform application" refers to the document entitled "Uniform Application for Individual Producer License/Registration" for resident and nonresident producer licensing that is:

(1) published by the NAIC; and

(2) in effect on January 1, 2018.

As added by P.L.124-2018, SEC.1.
Ind. Code § 27-6-10.1-1 — Indiana Code / Title 27 / Article 6 / Chapter 10.1 / Section 27-6-10.1-1
Purpose of chapter
Status: in_force

Sec. 1. (a) The purpose of this chapter is to protect the interest of insureds, claimants, ceding insurers, assuming insurers, and the public generally.

(b) The general assembly declares that its intent is to ensure adequate regulation of insurers and reinsurers and adequate protection for those to whom they owe obligations. In furtherance of that state interest, the general assembly provides a mandate that upon the insolvency of a non-U.S. insurer or reinsurer that provides security to fund its U.S. obligations in accordance with this chapter, the assets representing the security shall be maintained in the United States and claims shall be filed with and valued by the state insurance commissioner with regulatory oversight, and the assets shall be distributed, in accordance with the insurance laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic U.S. insurance companies.

(c) The general assembly declares that the matters contained in this chapter are fundamental to the business of insurance in accordance with 15 U.S.C. 1011 through 15 U.S.C. 1012.

As added by P.L.130-2020, SEC.12.
Ind. Code § 27-1-36-50 — Indiana Code / Title 27 / Article 1 / Chapter 36 / Section 27-1-36-50
Filing of RBC plan by foreign insurer
Status: in_force

Sec. 50. (a) If:

(1) an event that is:

(A) a company action level event;

(B) a regulatory action level event; or

(C) an authorized control level event;

occurs with respect to a foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer (or, if no RBC statute is in force in that state, under this chapter); and

(2) the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the manner specified under that state's RBC statute (or, if no RBC statute is in force in that state, under sections 31 through 35 of this chapter);

the commissioner may require the foreign insurer to file an RBC plan with the commissioner.

(b) In a situation described in subsection (a), the failure of the foreign insurer to file an RBC plan with the commissioner is grounds for the commissioner to order the insurer to cease and desist from writing new insurance business in Indiana.

As added by P.L.186-1996, SEC.1.
Ind. Code § 27-1-12.8-6 — Indiana Code / Title 27 / Article 1 / Chapter 12.8 / Section 27-1-12.8-6
"Contract"
Status: in_force

Sec. 6. As used in this chapter, "contract" means a contract or a policy.

As added by P.L.276-2013, SEC.10.
Ind. Code § 27-10-3-13 — Indiana Code / Title 27 / Article 10 / Chapter 3 / Section 27-10-3-13
Discontinuing business; return of license
Status: in_force

Sec. 13. A bail agent who discontinues writing bail bonds during the period for which the bail agent is licensed shall:

(1) notify the clerks of the circuit court and the sheriffs with whom the bail agent is registered; and

(2) return the bail agent's license to the commissioner for cancellation;

within thirty (30) days after the discontinuance.

As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.22.
Ind. Code § 27-10-2-4.1 — Indiana Code / Title 27 / Article 10 / Chapter 2 / Section 27-10-2-4.1
Duty to regulate a charitable bail organization
Status: in_force

Sec. 4.1. The commissioner shall regulate a charitable bail organization (as defined in section 4.5 of this chapter) in accordance with section 4.5 of this chapter.

As added by P.L.147-2022, SEC.1.
Ind. Code § 27-1-23-5.3 — Indiana Code / Title 27 / Article 1 / Chapter 23 / Section 27-1-23-5.3
Internationally active insurance group; group wide supervisor
Status: in_force

Sec. 5.3. (a) The commissioner shall, in cooperation with other state, federal, and international regulatory agencies, do either of the following to identify a single group wide supervisor for an internationally active insurance group:

(1) Act as the group wide supervisor if the commissioner determines that the internationally active insurance group conducts substantial insurance operations in Indiana.

(2) Acknowledge another regulatory official as the group wide supervisor if the commissioner determines that the internationally active insurance group:

(A) does not have substantial insurance operations in the United States;

(B) has substantial insurance operations in the United States, but not in Indiana; or

(C) has substantial insurance operations in the United States and Indiana, but the commissioner has determined according to subsections (c), (d), and (j) that the other regulatory official is the appropriate group wide supervisor.

(b) The commissioner may, upon request of an insurance holding company system that does not qualify as an internationally active insurance group, make a determination and act as, or acknowledge another regulatory official as, a group wide supervisor for the insurance holding company system under subsection (a) as if the insurance holding company system was an internationally active insurance group.

(c) In making a determination under subsection (a), the commissioner shall consider all of the following:

(1) The place of domicile of the internationally active insurance group insurers that hold the largest share of the internationally active insurance group's written premiums, assets, or liabilities.

(2) The place of domicile of the top tiered insurers in the internationally active insurance group's insurance company holding system.

(3) The location of the internationally active insurance group's executive offices or largest operational offices.

(4) Whether another regulatory official is acting or seeks to act as the group wide supervisor under a regulatory system that the commissioner determines to be:

(A) substantially similar to the regulatory system under the law of this state; or

(B) sufficient to provide for group wide supervision, enterprise risk analysis, and cooperation with other regulatory officials.

(5) Whether a regulatory official described in subdivision (4) provides the commissioner with reasonably reciprocal recognition and cooperation.

(d) If a regulatory official who is identified as the group wide supervisor under this section considers another regulatory official to be more appropriate to serve as the group wide supervisor, the commissioner shall cooperatively do the following with the other regulatory officials involved with supervision of members of the internationally active insurance group, and in consultation with the internationally active insurance group:

(1) Consider the factors described in subsection (c) with respect to the other regulatory official considered more appropriate to serve as the group wide supervisor.

(2) If the commissioner considers the other regulatory official to be appropriate to serve as the group wide supervisor, acknowledge the other regulatory official, subject to the acknowledgment of the other regulatory officials.

(e) Notwithstanding any other law, if another regulatory official is acting as the group wide supervisor of an internationally active insurance group, the commissioner shall acknowledge the other regulatory official as the group wide supervisor. However, if there is a material change in the internationally active insurance group that results in:

(1) the internationally active insurance group's Indiana domiciled insurers holding the largest share of the internationally active insurance group's premiums, assets, or liabilities; or

(2) Indiana being the domicile of the internationally active insurance group's insurance holding company system's top tiered insurers;

the commissioner shall make a determination concerning the appropriate group wide supervisor for the internationally active insurance group as described in subsections (c) and (d).

(f) The commissioner may, under section 5 of this chapter, obtain from an insurer that is registered under section 3 of this chapter all information necessary to make a determination under this section.

(g) Before making a final determination that the commissioner will act as the group wide supervisor of an internationally active insurance group:

(1) the commissioner shall notify the:

(A) insurer that is registered under section 3 of this chapter; and

(B) ultimate controlling person;

in the internationally active insurance group; and

(2) the internationally active insurance group has at least thirty (30) days to provide the commissioner with additional information relevant to the commissioner's final determination.

(h) Upon making a final determination that the commissioner will act as the group wide supervisor of an internationally active insurance group, the commissioner shall publish that information, including the identity of the internationally active insurance group, in the Indiana Register and on the department's Internet web site.

(i) The commissioner may do any of the following with respect to an internationally active insurance group subject to group wide supervision by the commissioner:

(1) Assess enterprise risk in the internationally active insurance group to ensure that:

(A) the material financial condition and liquidity risks to members of the internationally active insurance group that are engaged in the business of insurance are identified by management; and

(B) reasonable and effective mitigation measures are in place to address the risks described in clause (A).

(2) Request from any member of the internationally active insurance group information necessary and appropriate to assess enterprise risk, including the following information concerning the members of the internationally active insurance group:

(A) Governance, risk assessment, and management.

(B) Capital adequacy.

(C) Material intercompany transactions.

(3) Coordinate and, through the regulatory authority of the jurisdictions where members of the internationally active insurance group are domiciled, compel development and implementation of reasonable measures to ensure that the internationally active insurance group is able to, in a timely manner, recognize and mitigate enterprise risks to members of the internationally active insurance group that are engaged in the business of insurance.

(4) Communicate with other state, federal, and international regulatory officials for members in the internationally active insurance group and share relevant information subject to the confidentiality provisions of section 6 of this chapter, through supervisory colleges under section 5.1 of this chapter or otherwise.

(5) Enter into agreements with or obtain documentation from any:

(A) insurer registered under section 3 of this chapter;

(B) member of the internationally active insurance group; and

(C) other state, federal, and international regulatory official for members of the internationally active insurance group;

to establish the basis for or otherwise clarify the commissioner's role as group wide supervisor, including provisions to resolve disputes with other regulatory officials. An agreement or documentation described in this subdivision may not serve as evidence in any proceeding that an insurer or a person in an insurance holding company system that is not domiciled or incorporated in Indiana is doing business in Indiana or is otherwise subject to the jurisdiction of this state.

(6) Other group wide supervision activities consistent with this section, as the commissioner determines necessary.

(j) If the commissioner acknowledges another regulatory official from a jurisdiction that is not accredited by the NAIC as the group wide supervisor of an internationally active insurance group, the commissioner may reasonably cooperate, through supervisory colleges or otherwise, with the regulatory official's group wide supervision if:

(1) the commissioner's cooperation is in compliance with the law of this state; and

(2) the regulatory official recognizes and cooperates with the commissioner's activities as a group wide supervisor for other internationally active insurance groups, as applicable.

If a regulatory official is not described in subdivision (2), the commissioner may refuse to recognize and cooperate with the regulatory official as the group wide supervisor.

(k) The commissioner may enter into agreements with or obtain documentation from:

(1) an insurer registered under section 3 of this chapter;

(2) an affiliate of an insurer described in subdivision (1); and

(3) other state, federal, and international regulatory agencies for members of an internationally active insurance group;

that provides a basis for or clarifies a regulatory official's role as group wide supervisor of the internationally active insurance group.

(l) An insurer that is registered under section 3 of this chapter and subject to this section is liable for and shall pay the reasonable expenses of the commissioner's participation in the implementation of this section, including costs of attorneys, actuaries, other professionals, and reasonable travel expense.

As added by P.L.72-2016, SEC.14. Amended by P.L.44-2017, SEC.3.
Ind. Code § 27-17-1-11 — Indiana Code / Title 27 / Article 17 / Chapter 1 / Section 27-17-1-11
"Provider"
Status: in_force

Sec. 11. "Provider" means a person that is licensed under Indiana law to provide medical services.

As added by P.L.73-2006, SEC.3.
Ind. Code § 27-8-1-6 — Indiana Code / Title 27 / Article 8 / Chapter 1 / Section 27-8-1-6
Exemption of certificates from valuation; insurable interest
Status: in_force

Sec. 6. A policy or certificate issued by any such an association shall be exempt from the valuation based upon the American Experience Table, or any other table of mortality, in consequence of such association conducting its business on the plan of assessing members, and such policy or certificate, when the payments thereon are made by any person other than the insured, and without the written consent of the insured, to be valid must be supported by an insurable interest.

Formerly: Acts 1883, c.136, s.6.
Ind. Code § 27-8-3-13 — Indiana Code / Title 27 / Article 8 / Chapter 3 / Section 27-8-3-13
Authority to deposit securities; investment of reserve funds
Status: in_force

Sec. 13. This chapter shall not be construed to limit the accumulation of a reserve or emergency fund by any corporation, association, or society subject to the provisions of this chapter. Any such corporation, association, or society may, in its discretion, through its officers or directors, deposit with the insurance commissioner such securities and for such amounts as may be approved by him, and, when so deposited, shall be retained by him for the purposes described in this chapter. All other investments of reserve funds shall be made in the same class of securities as are allowed by law for the investment of funds by insurance corporations.

Formerly: Acts 1897, c.195, s.13. As amended by P.L.252-1985, SEC.285.
Ind. Code § 27-1-42-15 — Indiana Code / Title 27 / Article 1 / Chapter 42 / Section 27-1-42-15
Examinations and penalties
Status: in_force

Sec. 15. (a) The commissioner may examine and investigate the activities of a person that the commissioner reasonably believes has violated this chapter.

(b) The commissioner may issue a cease and desist order or impose a civil penalty of not more than one thousand dollars ($1,000) for each violation of this chapter.

As added by P.L.70-2013, SEC.1.
Ind. Code § 27-13-22-3 — Indiana Code / Title 27 / Article 13 / Chapter 22 / Section 27-13-22-3
Business of insurance including health care maintenance organizations
Status: in_force

Sec. 3. For the purposes of IC 27-1-2-2, the business of insurance includes the providing of health care services by a health care maintenance organization owned or operated by an insurer or a subsidiary of an insurer.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-8-29-13 — Indiana Code / Title 27 / Article 8 / Chapter 29 / Section 27-8-29-13
Requirements for external grievance procedure; independent review organizations
Status: in_force

Sec. 13. (a) An external grievance procedure established under section 12 of this chapter must:

(1) allow a covered individual, or a covered individual's representative, to file a written request with the insurer for an external grievance review of the insurer's

(A) appeal resolution under IC 27-8-28-17 or

(B) denial of coverage based on a waiver described in IC 27-8-5-2.5(e) (expired July 1, 2007, and removed) or IC 27-8-5-19.2 (expired July 1, 2007, and repealed);

not more than one hundred twenty (120) days after the covered individual is notified of the resolution; and

(2) provide for:

(A) an expedited external grievance review for a grievance related to an illness, a disease, a condition, an injury, or a disability if the time frame for a standard review would seriously jeopardize the covered individual's:

(i) life or health; or

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

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

A covered individual may file not more than one (1) external grievance of an insurer's appeal resolution under this chapter.

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

(1) select a different independent review organization for each external grievance filed under this chapter from the list of independent review organizations that are certified by the department under section 19 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 organization chosen under subsection (b) shall assign a medical review professional who is board certified in the applicable specialty for resolution of an external grievance.

(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 insurer.

(2) Any officer, director, or management employee of the insurer.

(3) The health care provider or the health care provider'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 for use by the treating health care provider.

(6) The covered individual requesting the external grievance review.

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

(e) A covered individual 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 insurer.

As added by P.L.66-2001, SEC.3 and P.L.203-2001, SEC.14. Amended by P.L.1-2002, SEC.118; P.L.211-2003, SEC.8; P.L.3-2008, SEC.217; P.L.160-2011, SEC.24.
Ind. Code § 27-7-9-3.5 — Indiana Code / Title 27 / Article 7 / Chapter 9 / Section 27-7-9-3.5
"Peril"
Status: in_force

Sec. 3.5. As used in this chapter, "peril" means the cause of a loss, such as a fire, an explosion, or a flood.

As added by P.L.124-1992, SEC.2.
Ind. Code § 27-2-28-13 — Indiana Code / Title 27 / Article 2 / Chapter 28 / Section 27-2-28-13
No private cause of action
Status: in_force

Sec. 13. A violation of this chapter does not create a private cause of action.

As added by P.L.226-2023, SEC.20.
Ind. Code § 27-13-29-2 — Indiana Code / Title 27 / Article 13 / Chapter 29 / Section 27-13-29-2
Solicitation of enrollees
Status: in_force

Sec. 2. Provided that the solicitation otherwise complies with IC 27-13-21, the solicitation of enrollees by:

(1) a health maintenance organization or limited service health maintenance organization that is granted a certificate of authority; or

(2) a representative of an organization described in subdivision (1);

may not be construed to violate any provision of law relating to solicitation or advertising by health professionals.

As added by P.L.26-1994, SEC.25.
Ind. Code § 27-7-5.1-6 — Indiana Code / Title 27 / Article 7 / Chapter 5.1 / Section 27-7-5.1-6
Application of prohibition
Status: in_force

Sec. 6. (a) Section 5 of this chapter does not apply to a claim for coverage for a loss incurred by an uninsured motorist with a previous violation who is less than eighteen (18) years of age.

(b) Section 5 of this chapter does not apply to a claim for coverage for a loss incurred by any person other than an uninsured motorist with a previous violation.

(c) Section 5 of this chapter does not apply if a person other than the uninsured motorist with a previous violation:

(1) operates a motor vehicle involved in the accident; and

(2) is convicted of a crime in connection with the accident.

As added by P.L.136-2015, SEC.1.
Ind. Code § 27-7-9-4 — Indiana Code / Title 27 / Article 7 / Chapter 9 / Section 27-7-9-4
"Premium"
Status: in_force

Sec. 4. As used in this chapter, "premium" has the meaning set forth in IC 27-1-2-3(w).

As added by P.L.164-1986, SEC.1.
Ind. Code § 27-1-24.5-2 — Indiana Code / Title 27 / Article 1 / Chapter 24.5 / Section 27-1-24.5-2
"Effective rate of reimbursement"
Status: in_force

Sec. 2. As used in this chapter, "effective rate of reimbursement" includes the following:

(1) Generic effective rates.

(2) Brand effective rates.

(3) Direct and indirect remuneration fees.

(4) Any other reduction or aggregate reduction of payment.

As added by P.L.68-2020, SEC.1.
Ind. Code § 27-1-6-3 — Indiana Code / Title 27 / Article 1 / Chapter 6 / Section 27-1-6-3
Names; required and prohibited words; similarity of names; change of name
Status: in_force

Sec. 3. The name of any company organized under this article shall contain the word "insurance" and the word "company," "corporation" or "incorporated," or shall end with an abbreviation of one of these words, except that the word "company" or the abbreviation "Co." may be used only if that word or abbreviation is not immediately preceded by the word "and," or any substitute therefor.

No company organized under this article shall:

(a) Use as a part of its corporate name the words "United States," "Federal," "government," "official," or any word that would imply that the company was an administrative agency of the state of Indiana or of the United States, or is subject to supervision of any department other than the department of insurance of the state of Indiana.

(b) Take or assume a corporate name the same as, or confusingly similar to, the name of any other insurance company then existing under the laws of this state or authorized to transact business in this state, unless at the same time (1) such other company shall change its corporate name or withdraw from transacting business in this state, and (2) the written consent of such company, signed and verified under oath by its secretary, shall be filed with the department.

Any company organized under this article may change its corporate name at any time by amending its articles of incorporation in the manner hereinafter provided. The provisions of this section shall not affect the right of any insurance company which is existing under the laws of this state on March 8, 1935, or of any such company which thereafter reorganizes or reincorporates under this article or of any company authorized to transact business in this state on March 8, 1935, to continue the use of its corporate name.

Formerly: Acts 1935, c.162, s.63. As amended by Acts 1977, P.L.281, SEC.3; P.L.1-2009, SEC.145.
Ind. Code § 27-1-23.5-5 — Indiana Code / Title 27 / Article 1 / Chapter 23.5 / Section 27-1-23.5-5
"ORSA"
Status: in_force

Sec. 5. As used in this chapter, "ORSA" or "own risk and solvency assessment" means a confidential internal assessment:

(1) that is:

(A) appropriate to the nature, scale, and complexity of; and

(B) conducted by;

an insurer or insurance group; and

(2) of the:

(A) material and relevant risks associated with the insurer or insurance group's current business plan; and

(B) sufficiency of capital resources to support the risks described in clause (A).

As added by P.L.129-2014, SEC.8.
Ind. Code § 27-1-9-1 — Indiana Code / Title 27 / Article 1 / Chapter 9 / Section 27-1-9-1
Authority to merge, consolidate, or reinsure
Status: in_force

Sec. 1. Subject to the provisions of this article and IC 27-6-1.1, any domestic corporation is authorized and empowered to:

(1) merge or consolidate with any other domestic company;

(2) merge or consolidate with any foreign company, including any foreign company organized as a stock, mutual, nonstock, nonprofit, fraternal benefit, mutual benefit, or medical or hospital service company under the insurance or other laws of the foreign company's state of domicile, if the surviving company meets the requirements for authorization to engage in the insurance business in this state, and provided such merger or consolidation is authorized by the laws of the state, or territory in which such foreign company is organized;

(3) subject to the requirements of IC 27-6-1.1-5, reinsure under an agreement of assumption reinsurance all or a portion of its risks with another domestic company or with any foreign or alien company authorized to engage in the insurance business in this state; and

(4) subject to the requirements of IC 27-6-1.1-5, reinsure under an agreement of assumption reinsurance all or a portion of the risks of another domestic company or of a foreign or alien company whether such company is or is not authorized to engage in the insurance business in this state.

Formerly: Acts 1935, c.162, s.114; Acts 1941, c.115, s.1; Acts 1969, c.164, s.2. As amended by P.L.260-1983, SEC.2; P.L.185-1997, SEC.3.
Ind. Code § 27-1-7-22 — Indiana Code / Title 27 / Article 1 / Chapter 7 / Section 27-1-7-22
Vouchers for disbursements
Status: in_force

Sec. 22. No domestic insurance corporation shall make any disbursement of one hundred dollars ($100) or more unless the same be evidenced by a voucher signed by or on behalf of the person, firm, limited liability company, or corporation receiving the money and correctly describing the consideration for the payment, and if the same be for services and disbursements, setting forth the services rendered and an itemized statement of the disbursements made, and if it be in connection with any matter pending before any legislative or public body or before any department or officer of any government, correctly describing in addition the nature of the matter and of the interest of such corporation in the matter, or, if such a voucher can not be obtained, by an affidavit stating the reasons the voucher cannot be obtained and setting forth the particulars above mentioned.

Formerly: Acts 1935, c.162, s.99. As amended by P.L.8-1993, SEC.411; P.L.136-2018, SEC.151.
Ind. Code § 27-1-9-12 — Indiana Code / Title 27 / Article 1 / Chapter 9 / Section 27-1-9-12
Execution of articles of merger or consolidation by foreign corporations; approval by foreign regulatory authority; appointment of commissioner as attorney for service of process on foreign corporation
Status: in_force

Sec. 12. (a) In case of a merger or consolidation between a domestic and a foreign company, the articles of merger or consolidation shall be regarded as executed by the proper officers of said foreign company when such officers are duly authorized to execute same through such action on the part of the directors, shareholders, members, or policyholders of said foreign company as may be required by the laws of the state where the same is incorporated; and upon execution, said articles of merger or consolidation shall be submitted to the commissioner of insurance or other officer at the head of the insurance department of the state where such foreign company is incorporated. No such merger or consolidation shall take effect until it shall have been approved by the insurance official of the state where said foreign company is incorporated nor until a certificate of his approval has been filed in the office of the department of insurance of the state of Indiana. Such submission to and approval by the proper official of such other state shall not be required unless the same are required by the laws of such foreign state. The domestic company involved in such merger or consolidation shall not through anything contained in this section be relieved of any of the procedural requirements enumerated in the preceding sections of this article.

(b) No merger or consolidation between a domestic and a foreign company shall take effect, unless and until the surviving or new company, if such is a foreign company, shall file with the department a power of attorney appointing the commissioner and his successors in office, the attorney for service of said foreign company, upon whom all lawful process against said company may be served. Said power of attorney shall be irrevocable so long as said foreign company has outstanding in this state any contract of insurance, or other obligation whatsoever, and shall by its terms so provide. Service upon the commissioner shall be deemed sufficient service upon the company.

Formerly: Acts 1935, c.162, s.127; Acts 1941, c.115, s.8. As amended by P.L.260-1983, SEC.3.
Ind. Code § 27-11-1-7 — Indiana Code / Title 27 / Article 11 / Chapter 1 / Section 27-11-1-7
"Laws" defined
Status: in_force

Sec. 7. "Laws" means the society's articles of incorporation, constitution, and bylaws, however designated.

As added by P.L.262-1985, SEC.1.
Ind. Code § 27-8-14.8-2 — Indiana Code / Title 27 / Article 8 / Chapter 14.8 / Section 27-8-14.8-2
"Insured" defined
Status: in_force

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

As added by P.L.54-2000, SEC.2.
Ind. Code § 27-1-12.7-9 — Indiana Code / Title 27 / Article 1 / Chapter 12.7 / Section 27-1-12.7-9
Commissioner; conditions; rules
Status: in_force

Sec. 9. The commissioner may establish reasonable conditions or adopt rules under IC 4-22-2 regarding:

(1) reserve amounts to be maintained by a life insurance company for funding agreements;

(2) accounting and reporting of funds credited under funding agreements; and

(3) other matters regarding funding agreements the commissioner considers necessary, proper, and advisable.

As added by P.L.178-2003, SEC.18.
Ind. Code § 27-3-2-9 — Indiana Code / Title 27 / Article 3 / Chapter 2 / Section 27-3-2-9
Annual report
Status: in_force

Sec. 9. Such company shall, by its board of directors make a report, upon the first day of January of each year, of the condition of stock, showing the amount of capital stock, the number and amount of policies issued, the nature and kind of risks taken, the losses sustained, and the assets of every nature on hand or belonging to the company, which report shall be signed and sworn to by a majority of the directors of such company and published in a newspaper of general circulation in the county in which the company shall have its principal office.

Formerly: Acts 1895, c.158, s.9.
Ind. Code § 27-2-30-1 — Indiana Code / Title 27 / Article 2 / Chapter 30 / Section 27-2-30-1
Application
Status: in_force

Sec. 1. This chapter applies to a property and casualty insurance policy that is issued, delivered, entered into, renewed, or amended after June 30, 2026.

As added by P.L.61-2026, SEC.1.
Ind. Code § 27-7-17-16 — Indiana Code / Title 27 / Article 7 / Chapter 17 / Section 27-7-17-16
Sale and marketing of travel insurance; unfair trade practice
Status: in_force

Sec. 16. (a) Except as otherwise provided in this section, a person offering travel insurance to residents of this state is subject to IC 27-4-1. In the event of a conflict between this chapter and other provisions of this title regarding the sale and marketing of travel insurance and travel protection plans, the provisions of this chapter govern.

(b) A person offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy commits an unfair trade practice under IC 27-4-1.

As added by P.L.19-2022, SEC.5.
Ind. Code § 27-1-24.2-19 — Indiana Code / Title 27 / Article 1 / Chapter 24.2 / Section 27-1-24.2-19
Prohibited actions by a third party administrator
Status: in_force

Sec. 19. (a) As used in this section, "plan sponsor" means an employer or organization that:

(1) has more than one hundred (100) employees or members; and

(2) offers health insurance coverage to its employees or members through a self-funded health benefit plan.

(b) A third party administrator may not:

(1) require, as a condition of a plan sponsor entering into a contract with the third party administrator, that the plan sponsor enter into a contract with a particular pharmacy benefit manager; or

(2) charge a different fee for services provided by the third party administrator to a plan sponsor based on the plan sponsor's selection of a particular pharmacy benefit manager.

As added by P.L.189-2025, SEC.1.
Ind. Code § 27-1-4.1-12 — Indiana Code / Title 27 / Article 1 / Chapter 4.1 / Section 27-1-4.1-12
Third party consultants; confidentiality; sharing of information
Status: in_force

Sec. 12. (a) The commissioner may, at the insurer's expense, retain third party consultants, including attorneys, actuaries, accountants, and others who are not part of the commissioner's staff, that:

(1) the commissioner considers necessary to review a CGAD, related information, or the insurer's or insurance group's compliance with this chapter; and

(2) have verified, with notice to the insurer, that the third party consultant:

(A) has no conflict of interest affecting the commissioner's retention of the third party consultant; and

(B) has internal procedures to:

(i) monitor whether a conflict of interest arises after the third party consultant has been retained; and

(ii) comply with the confidentiality requirements of this chapter.

(b) A third party consultant who is retained under subsection (a) is under the direction and control of the commissioner and acts only in an advisory capacity.

(c) The NAIC and a third party consultant who is retained under subsection (a) are subject to the same confidentiality requirements as the confidentiality requirements that apply to the commissioner under this chapter. The NAIC may share information received under this chapter only with state regulators from states in which insurers that are members of an insurance group are domiciled.

(d) The commissioner shall enter into a written agreement with the NAIC or a third party consultant governing sharing and use of information provided under this chapter, including the following:

(1) Procedures and protocols concerning the confidentiality and security of information shared:

(A) with the NAIC or third party consultant under this chapter; and

(B) by the NAIC with regulators of other states in which insurers that are members of an insurance group are domiciled.

(2) A statement that the recipient:

(A) agrees in writing; and

(B) provides written verification that the recipient has the legal authority;

to maintain the confidential and privileged status of the documents, materials, and other information.

(3) A statement that, with respect to information shared with the NAIC or third party consultant under this chapter:

(A) the commissioner maintains ownership of the information; and

(B) the use of the information is subject to the direction of the commissioner.

(4) A statement that the NAIC or third party consultant may not store information shared under this chapter in a permanent data base after the underlying analysis is completed.

(5) A requirement that, if CGAD related information of an insurer that is in the possession of the NAIC or third party consultant under this chapter is subject to a request or subpoena to the NAIC or third party consultant for production or disclosure, the NAIC or third party consultant will provide prompt notice to the commissioner and to the insurer or insurance group.

(6) A requirement that the NAIC or third party consultant will allow intervention by an insurer in a judicial or administrative action under which the NAIC or third party consultant may be required to disclose confidential information concerning the insurer that has been shared with the NAIC or third party consultant under this chapter.

(7) An express requirement that the written consent of the insurer or insurance group is required before the NAIC or third party consultant makes public any information shared under this chapter.

As added by P.L.146-2015, SEC.19.