reglab/housing_qa huggingface dataset:
IN Code § 27-1-3-21 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-21. Execution of Instruments or Documents

Sec. 21. All rules, regulations, notices, orders, deeds, assignments and other instruments or documents issued, executed or promulgated by the department shall be executed in the name of "the department of insurance," on its behalf, by the insurance commissioner, or, in case of his absence or disability, by a deputy insurance commissioner, and shall be sealed with the official seal of the department; but the commissioner may authorize the execution of such deeds, assignments, releases, petitions, notices or any other instruments or documents issued or executed by the department in connection with the rehabilitation, liquidation or conservation of any insurance company by such department in the name of "the department of insurance," by any special deputy commissioner duly appointed in charge of rehabilitation, liquidation or conservation of any insurance company; and all such documents so executed by the special deputy insurance commissioner need not bear the official seal of the department.Formerly: Acts 1935, c.162, s.28.
IN Code § 27-1-3-23 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-23. Civil Actions; Substantial Justification

Sec. 23. (a) For the purposes of this section, a party is "substantially justified" in initiating a civil action if the action had a reasonable basis in law or fact at the time the action was initiated.(b) If:(1) a person or entity referred to in section 22(c) of this chapter, or an employee or agent of a person or entity referred to in section 22(c), is the prevailing party in a civil action for libel, slander, or any other relevant tort arising out of the filing of a report or the furnishing of information under section 22(c) of this chapter; and(2) the party who initiated the action was not substantially justified in initiating the action;the person, entity, employee, or agent referred to in subdivision (1) is entitled to an award of attorney's fees and costs.As added by P.L.121-1992, SEC.2.
IN Code § 27-1-3-24 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-24. Declaration of Dividend Other Than From Earned Surplus; Approval

Sec. 24. (a) As used in this section, "earned surplus" means an amount equal to the unassigned funds of an insurer as set forth in the most recent annual statement of the insurer that is submitted to the commissioner, excluding surplus arising from unrealized capital gains or revaluation of assets.(b) A domestic insurer may not:(1) declare; or(2) pay;a dividend from any source of money other than earned surplus unless the commissioner approves the payment of the dividend before the dividend is paid.As added by P.L.130-1994, SEC.3 and P.L.116-1994, SEC.7.
IN Code § 27-1-3-25 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-25. Review of Ordinary Shareholder Dividends to Determine Reasonableness

Sec. 25. The department shall establish and maintain a procedure under which the department, at least one (1) time each year, reviews the ordinary shareholder dividends paid by each domestic insurer to determine whether dividends paid by the insurer are reasonable in relation to the following:(1) The adequacy of the level of surplus as regards policyholders of the insurer remaining after the payment of dividends.(2) The quality of the earnings of the insurer and the extent to which the reported earnings of the insurer include extraordinary items, such as surplus relief, reinsurance transactions, and reserve destrengthening.As added by P.L.130-1994, SEC.4 and P.L.116-1994, SEC.8.
IN Code § 27-1-3-26 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-26. Order to Limit Ordinary Shareholder Dividends

Sec. 26. The department shall establish and follow a practice under which the department issues an order to a domestic insurer to limit the payment of ordinary shareholder dividends by the insurer if the department determines that the surplus of the insurer as regards policyholders:(1) is not reasonable in relation to the outstanding liabilities of the insurer; and(2) is not adequate to the financial needs of the insurer.As added by P.L.130-1994, SEC.5 and P.L.116-1994, SEC.9.
IN Code § 27-1-3-27 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-27. Order to Limit or Disallow Payment of Ordinary Shareholder Dividends

Sec. 27. The department shall establish and follow a practice under which the department issues an order to limit or disallow the payment of ordinary shareholder dividends by a domestic insurer if the domestic insurer is found to be financially distressed or troubled.As added by P.L.130-1994, SEC.6 and P.L.116-1994, SEC.10.
IN Code § 27-1-3-28 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-28. Department of Insurance Fund; Establishment; Deposits

Sec. 28. (a) The department of insurance fund is established for the following purposes:(1) To provide supplemental funding for the operations of the department of insurance.(2) To pay the costs of hiring and employing staff.(3) To enable the department of insurance to maintain accreditation by the National Association of Insurance Commissioners.(4) To carry out any other purpose determined necessary by the department of insurance to carry out the department's duties under this title.(b) The fund shall be administered by the commissioner. The following shall be deposited in the department of insurance fund:(1) Audit fees remitted by insurers to the commissioner under section 15(d) of this chapter.(2) Filing fees remitted by insurers to the commissioner under section 15(a) or 15(e) of this chapter.(3) Any other amounts remitted to the commissioner or the department that are required by rule or statute to be deposited into the department of insurance fund.(c) The expenses of administering the fund shall be paid from money in the fund.(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.(e) Money in the fund at the end of a particular fiscal year does not revert to the state general fund.(f) There is annually appropriated to the department of insurance, for the purposes set forth in subsection (a), the entire amount of money deposited in the fund in each year.As added by P.L.130-1994, SEC.7 and P.L.116-1994, SEC.11. Amended by P.L.252-1995, SEC.1; P.L.91-1998, SEC.4; P.L.173-2007, SEC.7; P.L.234-2007, SEC.189; P.L.100-2012, SEC.65.
IN Code § 27-1-3-29 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-29. Enforceability of Policies Exceeding Authority of Insurer or Violating Statute or Rule

Sec. 29. (a) Except as otherwise provided by statute, a policy is enforceable against the insurer according to its terms, even if the policy exceeds the authority of the insurer.(b) A policy that violates a statute or rule is enforceable against the insurer as if the policy conformed to the statute or rule.(c) Upon the written request of the policyholder or the insured whose rights under the policy are continuing and not transitory, an insurer shall reform and reissue its written policy to comply with the requirements of the law existing at the date of issue or last renewal of the policy.As added by P.L.268-1999, SEC.2.
IN Code § 27-1-3-32 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-32. Posting of Life Insurance and Other Financial Information

Sec. 32. The department shall develop, post, and maintain on the department's Internet web site information related to life insurance, including the manner in which an individual may do the following:(1) Obtain information concerning the existence of a life insurance policy.(2) File a claim for life insurance benefits.(3) Make provision for resolution of financial affairs after the individual's death, including notification of life insurance beneficiaries and making financial documents known and accessible to survivors.As added by P.L.166-2015, SEC.1.
IN Code § 27-1-3-33 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-33. Publication of Grievance Related Information on Internet

Sec. 33. The department shall develop, post, and maintain on the department's Internet web site information concerning the internal and external grievance procedures for accident and sickness insurance policies and health maintenance organization contracts. The department shall include on the web site:(1) information concerning the process that a consumer should follow in filing an internal grievance or an external grievance; and(2) a telephone number for the department where consumers may call to obtain additional information.As added by P.L.18-2016, SEC.1.
IN Code § 27-1-3-34 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-34. Proof of Mailing

Sec. 34. For purposes of this title, a person may use the following as proof of mailing:(1) A United States Postal Service intelligent mail bar code tracking record, as proof of the type of mailing to which the record applies.(2) A United States Postal Service certificate of mailing at the last known address of the recipient, as proof of the type of mailing to which the certificate applies.(3) Another similar method of first class mail tracking that identifies the recipient, the recipient's last known address, and the date of mailing, as proof of mailing by first class mail.As added by P.L.148-2017, SEC.1.
IN Code § 27-1-3-35 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3. General Powers and Duties of the Department|27-1-3-35. State Innovation Waiver Application

Sec. 35. (a) The governor and the commissioner may apply to the United States Secretary of Health and Human Services for a waiver for state innovation under Section 1332 of the federal Patient Protection and Affordable Care Act (42 U.S.C. 18052).(b) If the waiver applied for under subsection (a) is granted, the governor and the commissioner may implement a state plan of innovation that meets the waiver requirements established under federal law and as approved by the United States Secretary of Health and Human Services.As added by P.L.208-2018, SEC.4.
IN Code § 27-1-3.1-1 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-1. Commissioner

Sec. 1. As used in this chapter, "commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2.As added by P.L.26-1991, SEC.5.
IN Code § 27-1-3.1-2 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-2. Company

Sec. 2. As used in this chapter, "company" means any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regulatory, or taxing authority of the commissioner.As added by P.L.26-1991, SEC.5.
IN Code § 27-1-3.1-3 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-3. Department

Sec. 3. As used in this chapter, "department" refers to the department of insurance of Indiana.As added by P.L.26-1991, SEC.5.
IN Code § 27-1-3.1-4 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-4. Examiner

Sec. 4. As used in this chapter, "examiner" means any individual or firm authorized by the commissioner to conduct an examination under this chapter.As added by P.L.26-1991, SEC.5.
IN Code § 27-1-3.1-5 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-5. Insurer

Sec. 5. As used in this chapter, "insurer" has the meaning set forth in IC 27-1-2-3.As added by P.L.26-1991, SEC.5.
IN Code § 27-1-3.1-7 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-7. Person

Sec. 7. As used in this chapter, "person" means any individual, aggregation of individuals, trust, association, partnership, limited liability company, or corporation, or any affiliate of these entities.As added by P.L.26-1991, SEC.5. Amended by P.L.8-1993, SEC.410.
IN Code § 27-1-3.1-8 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-8. Procedure

Sec. 8. (a) The commissioner or any of the commissioner's examiners:(1) may conduct an examination under this chapter of any company as often as the commissioner, in the commissioner's sole discretion, considers appropriate; and(2) shall, at a minimum, conduct an examination of every insurer licensed in Indiana at least once every five (5) years.(b) In scheduling and determining the nature, scope, and frequency of the examinations, the commissioner shall consider such matters as the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants, and other criteria as set forth in the Financial Condition Examiner's Handbook and the Market Regulation Handbook, whichever is applicable.(c) For purposes of completing an examination of any company under this chapter, the commissioner may examine or investigate any person, or the business of any person, in so far as such examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the company.(d) In lieu of an examination under this chapter of any foreign or alien insurer licensed in Indiana, the commissioner may accept an examination report on such company as prepared by the insurance department of the company's state of domicile or port-of-entry state until January 1, 1994. After January 1, 1994, those reports may only be accepted if:(1) the insurance department that prepared the report was at the time of the examination accredited under the Financial Regulation Standards and Accreditation Program; or(2) the examination is performed with the participation of one (1) or more examiners who are employed by an accredited State Insurance Department and who after a review of the examination work papers and report state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department.As added by P.L.26-1991, SEC.5. Amended by P.L.1-1992, SEC.144; P.L.124-2018, SEC.4.
IN Code § 27-1-3.1-10 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-10. Reports

Sec. 10. (a) All examination reports shall be comprised of only:(1) facts:(A) appearing upon the books, records, or other documents of the company; and(B) ascertained from the agents or other persons examined, or as ascertained from the testimony of its officers or agents or other persons examined concerning the affairs of the company; and(2) conclusions and recommendations that the examiners find reasonably warranted from those facts.(b) No more than sixty (60) days after the completion of the examination, the examiner in charge shall file with the department a verified written report of examination under oath. Upon receipt of the verified report, the department shall transmit the report to the company examined, together with a notice that affords such company examined a reasonable opportunity of not more than thirty (30) days to make a written submission or rebuttal with respect to any matters contained in the examination report. The thirty (30) day period may be extended if the commissioner, in the commissioner's sole discretion, determines that an extension is appropriate or necessary.As added by P.L.26-1991, SEC.5. Amended by P.L.130-1994, SEC.9; P.L.116-1994, SEC.13.
IN Code § 27-1-3.1-11 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-11. Review of Report; Order

Sec. 11. (a) Within thirty (30) days after the end of the period allowed for the receipt of written submissions or rebuttals, the commissioner shall fully consider and review the report, together with any written submissions or rebuttals and any relevant portions of the examiner's workpapers, and enter an order:(1) adopting the examination report as filed or with modification or corrections;(2) rejecting the examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation or information, and refiling the report under this chapter; or(3) calling for an investigatory hearing with no less than twenty (20) days notice to the company for purposes of obtaining additional documentation, data, information and testimony.(b) If the examination report reveals that the company is operating in violation of any law, regulation, or prior order of the commissioner, the commissioner may order the company to take any action the commissioner considers necessary and appropriate to cure that violation.As added by P.L.26-1991, SEC.5.
IN Code § 27-1-3.1-12 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-12. Orders; Findings and Conclusions; Appeal; Hearing

Sec. 12. (a) All orders entered under section 11(a) of this chapter shall be accompanied by findings and conclusions resulting from the commissioner's consideration and review of the examination report, relevant examiner workpapers, and any written submissions or rebuttals.(b) Any order entered under section 11(a) of this chapter shall be considered a final administrative decision that may be appealed under IC 4-21.5-5, and shall be served upon the company by certified mail, together with a copy of the adopted examination report. Within thirty (30) days of the issuance of the adopted report, the company shall file an affidavit stating that each director has received a copy of the adopted report and related orders.(c) Any hearing conducted under section 11(a)(3) of this chapter by the commissioner or an authorized representative shall be conducted as a nonadversarial confidential investigatory proceeding as necessary for the resolution of any inconsistencies, discrepancies, or disputed issues apparent upon the face of the filed examination report or raised by or as a result of the commissioner's review of relevant workpapers or by the written submission or rebuttal of the company. Within twenty (20) days of the conclusion of the hearing, the commissioner shall enter an order under section 11 of this chapter.As added by P.L.26-1991, SEC.5. Amended by P.L.130-1994, SEC.10; P.L.116-1994, SEC.14.
IN Code § 27-1-3.1-13 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-13. Hearing

Sec. 13. (a) The commissioner may not appoint an examiner as authorized representative to conduct a hearing. The hearing shall proceed expeditiously with discovery by the company limited to the examiner's workpapers which tend to substantiate any assertions set forth in any written submission or rebuttal. The commissioner or the commissioner's representative may issue subpoenas for the attendance of any witnesses or the production of any documents deemed relevant to the investigation whether under the control of the department, the company, or other persons. The documents produced shall be included in the record and testimony taken by the commissioner or the commissioner's representative shall be under oath and preserved for the record.(b) This section does not require the department to disclose any information or records which would indicate or show the existence or content of any investigation or activity of a criminal justice agency.(c) The hearing shall proceed with the commissioner or the commissioner's representative posing questions to the persons subpoenaed. Thereafter, the company and the department may present testimony relevant to the investigation. The commissioner, the department, and the company may cross-examine witnesses. The company and the department shall be permitted to make closing statements and may be represented by counsel of their choice.As added by P.L.26-1991, SEC.5. Amended by P.L.130-1994, SEC.11; P.L.116-1994, SEC.15.
IN Code § 27-1-3.1-14 (2021)
2021 Indiana Code|Title 27. Insurance|Article 1. Department of Insurance|Chapter 3.1. Examinations|27-1-3.1-14. Confidentiality of Report; Public Inspection; Disclosures

Sec. 14. (a) Upon the adoption of an examination report under section 11(a)(1) of this chapter, the commissioner shall continue to hold the content of the examination report as confidential information for a period of thirty (30) days except to the extent provided in section 10(b) of this chapter. Thereafter, the report shall be open for public inspection.(b) This chapter does not prevent or prohibit the commissioner from disclosing the content of an examination report, preliminary examination report, or results, or any matter relating thereto, to the National Association of Insurance Commissioners, the insurance department of any other state or country, or to law enforcement officials of Indiana or any other state or agency of the federal government at any time, if the agency or office receiving the report or matters relating thereto agrees in writing to hold it confidential and in a manner consistent with this chapter.(c) If the commissioner determines that regulatory action is appropriate as a result of any examination, the commissioner may initiate any proceedings or actions authorized by law.(d) This chapter does not limit the commissioner's authority to use and, if appropriate, to make public any final or preliminary examination report, any examiner or company work papers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action that the commissioner may, in the commissioner's sole discretion, consider appropriate.As added by P.L.26-1991, SEC.5. Amended by P.L.130-1994, SEC.12; P.L.116-1994, SEC.16; P.L.11-2011, SEC.4.