reglab/housing_qa huggingface dataset:
IN Code § 27-9-1-3 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 1. General Provisions|27-9-1-3. Jurisdiction of Court and Commissioner; Actions by Receivers; Place of Action

Sec. 3. (a) A delinquency proceeding under this chapter may only be commenced by the commissioner. A court may not entertain, hear, or determine a proceeding commenced by any other person.(b) A court may not entertain, hear, or determine any complaint requesting:(1) the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer; or(2) an injunction, restraining order, or other relief preliminary to, incidental to, or relating to those proceedings other than in accordance with this article.(c) In addition to other grounds for jurisdiction provided by the law, an Indiana court having jurisdiction of the subject matter has jurisdiction over a person served under the Indiana rules of court or other applicable law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in Indiana if the person served is:(1) obligated to the insurer in any way as an incident to any agency or brokerage arrangement that may exist or has existed between the insurer and the insurance producer or broker, in any action on or incident to the obligation;(2) a reinsurer who:(A) has at any time written a policy of reinsurance for an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced; or(B) is an insurance producer or broker of, or for, the reinsurer in any action on or incident to the reinsurance contract; or(3) or has been an officer, manager, trustee, organizer, promoter, or person in a position of comparable authority or influence in an insurer against which a rehabilitation or liquidation order is in effect when the action is commenced in any action resulting from such a relationship with the insurer.(d) If it appears to a receiver appointed in a proceeding under this article that there has been criminal or tortious conduct, breach of any contractual or fiduciary obligation, or other unlawful conduct detrimental to the insurer by any director, officer, manager, insurance producer, broker, employee, or other person or entity, the receiver may pursue all appropriate legal remedies on behalf of the insurer.(e) If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside Indiana, the court may enter an order to stay further proceedings on the action in Indiana.(f) All action authorized by this section must be brought in the Marion County circuit court.As added by Acts 1979, P.L.255, SEC.1. Amended by P.L.167-1986, SEC.1; P.L.178-2003, SEC.73.
IN Code § 27-9-1-3.5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 1. General Provisions|27-9-1-3.5. Change of Judge or Venue From Marion County Circuit Court in Actions Against Receiver

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.
IN Code § 27-9-1-4 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 1. General Provisions|27-9-1-4. Restraining Orders and Injunctions

Sec. 4. (a) A receiver appointed in a proceeding under IC 27-9 may at any time apply for, and any court with general jurisdiction may grant, restraining orders, preliminary and permanent injunctions, and other orders as considered necessary and proper to prevent any of the following:(1) The transaction of further business.(2) The transfer of property.(3) Interference with the receiver or with a proceeding under IC 27-9.(4) Waste of the insurer's assets.(5) Dissipation and transfer of bank accounts.(6) The institution or further prosecution of any actions or precedings.(7) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets or its policyholders.(8) The levying of execution against the insurer, its assets, or its policyholders.(9) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer.(10) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer.(11) Any other threatened or contemplated action that might lessen the value of the insurer's assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under IC 27-9.(b) The receiver may apply to any court outside of Indiana for the relief described in subsection (a).As added by Acts 1979, P.L.255, SEC.1.
IN Code § 27-9-1-5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 1. General Provisions|27-9-1-5. Cooperation of Insurer With Commissioner

Sec. 5. (a) An officer, manager, director, trustee, owner, employee, or insurance producer of any insurer, or any other persons with authority over or in charge of any segment of the insurer's affairs, shall cooperate with the commissioner in any proceeding under IC 27-9 or any investigation preliminary to the proceeding. The term "person", as used in this section, includes any person who exercises control, directly or indirectly, over activities of an insurer through any holding company or other affiliate of the insurer. "To cooperate" includes:(1) replying promptly in writing to any inquiry from the commissioner requesting such a reply; and(2) making available to the commissioner all books, accounts, documents, or other records, information, or property of or pertaining to the insurer and in the insurer's possession, custody, or control.(b) A person may not obstruct or interfere with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary to or incidental to an investigation.(c) This section does not abridge existing legal rights, including the right to resist a petition for liquidation, other delinquency proceedings, or other orders.(d) A person who:(1) is included within subsection (a) and who fails to cooperate with the commissioner;(2) obstructs or interferes with the commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental to a delinquency proceeding; or(3) violates any order of the commissioner under IC 27-9;commits a Class A infraction.As added by Acts 1979, P.L.255, SEC.1. Amended by P.L.178-2003, SEC.74.
IN Code § 27-9-1-6 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 1. General Provisions|27-9-1-6. Bonds of Commissioner and Deputies

Sec. 6. In any proceeding under IC 27-9, the commissioner and his deputies are responsible on their official bonds for the faithful performance of their duties. If the court considers it desirable for the protection of the insurer's assets, the court may at any time require an additional bond from the commissioner or his deputies. Those bonds shall be paid for out of the assets of the insurer as a cost of administration.As added by Acts 1979, P.L.255, SEC.1.
IN Code § 27-9-2-2 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 2. Summary Proceedings|27-9-2-2. Petition; Orders

Sec. 2. (a) The commissioner may file in the Marion County circuit court a petition alleging, with respect to a domestic insurer:(1) that there exist grounds that justify a court order for a formal delinquency proceeding against the insurer under IC 27-9;(2) that the interests of policyholders, creditors, or the public will be endangered by delay; and(3) other matters the commissioner considers necessary.(b) Upon a filing under subsection (a), the Marion County circuit court may issue, ex parte, and without a hearing, the requested order that must:(1) Direct the commissioner to take possession and control any part of the property, books, accounts, documents, and other records of an insurer.(2) Direct the commissioner to take possession of the premises occupied by the insurer for transaction of its business.(3) Until further order of the Marion County circuit court, enjoin the insurer and its officers, managers, agents, and employees from disposition of its property and from transaction of its business except with the written consent of the commissioner.(c) The Marion County circuit court shall specify the order's duration, which shall be such time as the court considers necessary for the commissioner to determine the condition of the insurer. On motion of either party or on its own motion, the Marion County circuit court may hold hearings as it considers desirable after giving notice as it considers appropriate, and may extend, shorten, or modify the terms of the seizure order. The Marion County circuit court shall vacate the seizure order if the commissioner fails to commence a formal proceeding under IC 27-9 after having had a reasonable opportunity to do so. An order of the Marion County circuit court under a formal proceeding under IC 27-9 shall ipso facto vacate the seizure order.(d) Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the insurer.(e) An insurer subject to an ex parte order under this section may petition the Marion County circuit court at any time after the issuance of the order for a hearing and review of the order. The Marion County circuit court shall hold a hearing and review not more than fifteen (15) days after the request. A hearing under this subsection may be held privately in chambers, and the hearing must be held in chambers if the petitioning insurer requests it.(f) If, at any time after the issuance of an order, it appears to the Marion County circuit court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the Marion County circuit court may order notice to be given to that person. An order that notice be given does not stay the effect of any order previously issued by the court.As added by Acts 1979, P.L.255, SEC.1.
IN Code § 27-9-2-3 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 2. Summary Proceedings|27-9-2-3. Confidential Nature of Records and Documents

Sec. 3. In all proceedings and judicial reviews of those proceedings under sections 1 and 2 of this chapter, all records of the insurer, other documents, and all insurance department files, and court records and papers, so far as they concern or are a part of the record of the proceedings, shall remain confidential except as is necessary to obtain compliance with those proceedings or judicial reviews, unless and until the Marion County circuit court, after hearing arguments from the parties in chambers, shall order otherwise, or unless the insurer requests that the matter be made public. Until the Marion County circuit court issues an order, all papers filed with the clerk of the Marion County circuit court must be held by him in a confidential file.As added by Acts 1979, P.L.255, SEC.1.
IN Code § 27-9-3-0.1 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 3. Formal Proceedings|27-9-3-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 40 of this chapter by P.L.185-1996 apply to and govern the priority of the distribution of assets in any proceeding to liquidate an insurer pending on, commenced on, or commenced after March 21, 1996.As added by P.L.220-2011, SEC.454.
IN Code § 27-9-3-2 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 3. Formal Proceedings|27-9-3-2. Order to Rehabilitate Insurer

Sec. 2. (a) An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in Indiana, must:(1) Appoint the commissioner and his successors in office as the rehabilitator.(2) Direct the rehabilitator to take possession of the assets of the insurer as soon as possible, and to administer them under the general supervision of the Marion County circuit court.(b) The filing or recording of the order with the clerk of the Marion County circuit court or recorder of deeds of the county in which the principal business of the company is conducted, or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted. The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator.(c) An order issued under this section must require accounting by the rehabilitator to the Marion County circuit court. Accountings shall be at intervals as the Marion County circuit court specifies in its order.(d) Entry of an order of rehabilitation does not constitute an anticipatory breach of any contracts of the insurer.As added by Acts 1979, P.L.255, SEC.1.
IN Code § 27-9-3-4 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 3. Formal Proceedings|27-9-3-4. Pending Actions; Protection of Insurer After Rehabilitation Order

Sec. 4. (a) Any court in Indiana before which any action or proceeding in which the insurer is a party or is obligated to defend a party is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for ninety (90) days and for any additional time as is necessary for the rehabilitator to obtain proper representation and prepare for further proceedings. The rehabilitator shall take action respecting the pending litigation as he considers necessary in the interests of justice and for the protection of creditors, policyholders, and the public. The rehabilitator shall immediately consider all litigation pending outside Indiana and shall petition the courts having jurisdiction over that litigation for stays whenever necessary to protect the estate of the insurer.(b) The statute of limitations or the defense of laches shall not run with respect to any action by or against an insurer between the filing of a petition for appointment of a rehabilitator for that insurer and the order granting or denying that petition. Any action by or against the insurer that might have been commenced when the petition was filed may be commenced for at least sixty (60) days after the order of rehabilitation is entered or the petition is denied.(c) Any guaranty association or foreign guaranty association covering life or health insurance or annuities has standing to appear in any court proceeding concerning the rehabilitation of a life or health insurer if that association is or may become liable to act as a result of the rehabilitation.As added by Acts 1979, P.L.255, SEC.1.
IN Code § 27-9-3-5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 3. Formal Proceedings|27-9-3-5. Petition for Liquidation; Termination of Rehabilitation

Sec. 5. (a) Whenever the commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders, or the public, or would be futile, the commissioner may petition the Marion County circuit court for an order of liquidation. A petition under this subsection has the same effect as a petition under section 6 of this chapter. The Marion County circuit court shall permit the directors of the insurer to take actions that are reasonably necessary to defend against the petition and may order payment from the estate of the insurer of such costs and other expenses of defense as justice may require.(b) The rehabilitator may at any time petition the Marion County circuit court for an order terminating rehabilitation of an insurer. The Marion County circuit court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of such costs and other expenses of the petition as justice may require. If the Marion County circuit court finds that rehabilitation has been accomplished and that grounds for rehabilitation under section 1 of this chapter no longer exist, the court shall order that the insurer be restored to possession of its property and the control of its business. The Marion County circuit court may also make that finding and issue that order at any time upon its own motion.As added by Acts 1979, P.L.255, SEC.1.
IN Code § 27-9-3-6 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 3. Formal Proceedings|27-9-3-6. Basis for Liquidation

Sec. 6. The commissioner may petition the Marion County circuit court for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in Indiana on the basis:(1) of any ground for an order of rehabilitation as specified in section 1 of this chapter, whether or not there has been a prior order directing the rehabilitation of the insurer;(2) that the insurer is insolvent; or(3) that the insurer is in such a condition that the further transaction of business would be hazardous, financially or otherwise, to its policyholders, its creditors, or the public.As added by Acts 1979, P.L.255, SEC.1.
IN Code § 27-9-3-7 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 3. Formal Proceedings|27-9-3-7. Order to Liquidate; Content; Effect; Declaration of Insolvency; Accounting

Sec. 7. (a) An order to liquidate the business of a domestic insurer must:(1) Appoint the commissioner and his successors in office liquidator.(2) Direct the liquidator as soon as possible to take possession of the assets of the insurer and to administer them under the general supervision of the Marion County circuit court.(b) The liquidator shall be vested by operation of law with the title to all of the property, contracts, and rights of action and all of the books and records of the insurer ordered liquidated, wherever located, as of the entry of the final order of liquidation. The filing or recording of the order with the clerk of the circuit court and the recorder of deeds of the county in which its principal office or place or business is located, or in the case of real estate with the recorder of deeds of the county where the property is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.(c) Upon issuance of the order, the rights and liabilities of any insurer and of its creditors, policyholders, shareholders, members and all other persons interested in its estate become fixed as of the date of entry of the order of liquidation, except as provided in sections 8 and 35 of this chapter.(d) An order to liquidate the business of an alien insurer domiciled in Indiana must be in the same terms and have the same legal effect as an order to liquidate a domestic insurer, except that the assets and the business in the United States shall be the only assets and business included in the liquidation.(e) At the time of petitioning for an order of liquidation, or at any time after petitioning for an order of liquidation, the commissioner, after making appropriate findings of an insurer's insolvency, may petition the Marion County circuit court for a judicial declaration of that insolvency. After providing for a notice and hearing as the Marion County circuit court considers proper, the court may make the declaration.(f) An order issued under this section shall require accounting by the liquidator to the Marion County circuit court. Accountings shall be at intervals as the court specifies in its order.As added by Acts 1979, P.L.255, SEC.1.
IN Code § 27-9-3-8 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 3. Formal Proceedings|27-9-3-8. Termination of Insurance Coverage

Sec. 8. (a) All policies, other than life or health insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force only for the lesser of:(1) a period of thirty (30) days from the date of entry of the liquidation order;(2) the expiration of the policy coverage;(3) the date when the insured has replaced the insurance coverage with equivalent insurance in another insurer or otherwise terminated the policy; or(4) the date when the liquidator has effected a transfer of the policy obligation under section 9(b)(8) of this chapter.(b) An order of liquidation under section 7 of this chapter shall terminate coverages at the time specified in subsection (a) for purposes of any other law.(c) Policies of life or health insurance or annuities shall continue in force for periods and under terms as is provided for by any applicable guaranty association or foreign guaranty association.(d) Policies of life or health insurance or annuities or any period or coverage of those policies not covered by a guaranty association or foreign guaranty association terminate under subsections (a) and (b).As added by Acts 1979, P.L.255, SEC.1.
IN Code § 27-9-3-10 (2021)
2021 Indiana Code|Title 27. Insurance|Article 9. Supervision; Rehabilitation; Liquidation|Chapter 3. Formal Proceedings|27-9-3-10. Notice of Liquidation by Liquidator

Sec. 10. (a) Unless the Marion County circuit court otherwise directs, the liquidator shall give notice of the liquidation order as soon as possible by:(1) first-class mail and either by telegram or telephone to the insurance commissioner of each jurisdiction in which the insurer is doing business;(2) first-class mail to any guaranty association or foreign guaranty association that is or may become obligated as a result of the liquidation;(3) first-class mail to all insurance producers of the insurer;(4) first-class mail to all persons known or reasonably expected to have claims against the insurer, including all policyholders, at their last known address as indicated by the records of the insurer;(5) first-class mail to the secretary of state's office; and(6) publication in a newspaper of general circulation in the county in which the insurer has its principal place of business and in all other locations the liquidator considers appropriate.(b) Notice to potential claimants under subsection (a) must require claimants to file with the liquidator their claims, together with proper proof of those claims under section 34 of this chapter, before a date the liquidator specifies in the notice. The liquidator need not require persons claiming cash surrender values or other investment values in life insurance and annuities to file a claim. All claimants must keep the liquidator informed of any changes of address.(c) If notice is given in accordance with this section, the distribution of assets of the insurer under this chapter shall be conclusive with respect to all claimants, whether or not they received notice.As added by Acts 1979, P.L.255, SEC.1. Amended by P.L.178-2003, SEC.76.