reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-12. Person With a Disability; Automobile Policy

Sec. 12. (a) As used in this section, "person with a disability" means a person who is under a disability as defined by the federal Social Security Administration guidelines (42 U.S.C. 416).
(b) After June 30, 1990, an insurer may not cancel, fail to renew, or refuse to issue an automobile insurance policy to a person with a disability who holds a valid driver's license solely because of the disability, nor may an insurer cancel, fail to renew, or refuse to issue an automobile insurance policy under conditions less favorable to persons with a disability than persons without a disability.
As added by P.L.121-1990, SEC.9. Amended by P.L.99-2007, SEC.191.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 8. Legal Insurance › 27-7-8-1. Definitions

Sec. 1. Definitions. As used in this chapter:
"Advertising" means any communication to the public the purpose of which is to convey information purporting to describe a legal insurance plan.
"Commissioner" refers to the commissioner of insurance.
"Department" refers to the department of insurance.
"Employee" means an individual employed or permitted to work or perform services for remuneration under a contract of hire, written or oral, by an employer.
"Employer" means a person who hires an employee.
"Group legal insurance" refers to legal insurance issued under a master policy covering the individuals set out in subdivisions (1) and (2) of section 3 of this chapter, applying a rate that is lower than the rate shown in the insurer's manual for individual policies of the same type and class.
"Insurer" means a person who obtains a certificate of authority under IC 27-1-3-20.
"Legal insurance" means insurance against class 2(m) risk of loss as described in IC 27-1-5-1.
"Person" means an individual, partnership, corporation, limited liability company, business trust, or association.
"Solicitation" means any invitation or request to enroll in a legal insurance plan, or attempt to obtain consideration for the coverage of a legal insurance plan, or any other device the purpose of which is to induce an individual to enroll in, or pay consideration for, a legal insurance plan.
As added by Acts 1978, P.L.129, SEC.2. Amended by P.L.8-1993, SEC.427.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 8. Legal Insurance › 27-7-8-3. Authority to Issue Insurance to Individuals and Groups

Sec. 3. Legal insurance may be issued to an individual or, as a group policy to:
(1) ten (10) or more employees; or
(2) ten (10) or more members of a trade or professional association, labor union, or any other association of members in the same or related occupation, profession, or industry in existence for two (2) years, having a constitution, and formed for a purpose other than obtaining insurance.
As added by Acts 1978, P.L.129, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 8. Legal Insurance › 27-7-8-4. Payment of Premiums; Persons Authorized

Sec. 4. The following may periodically pay to the insurer, as provided in the contract to insure, the premiums on a group legal insurance policy:
(1) An employer for its employees.
(2) An association for its members.
(3) A labor union for its members.
As added by Acts 1978, P.L.129, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 8. Legal Insurance › 27-7-8-5. Group Policies; Rights to Obtain Individual Coverage

Sec. 5. (a) A group policy must contain a provision that allows an insured member who no longer qualifies for group coverage to obtain an individual policy with similar coverage.
(b) An individual desiring to obtain an individual policy as provided under subsection (a) must apply for the policy not later than thirty-one (31) days from the date on which the individual is no longer a qualified member of the group.
(c) The individual policy shall be issued on one (1) of the forms issued by the insurer for individual policies, and the premium on the policy must be at the insurer's customary rate for the class of risk to which the individual belongs.
As added by Acts 1978, P.L.129, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 8. Legal Insurance › 27-7-8-6. Master Group Policy; Individual Certificates; Filing; Contents

Sec. 6. An insurer shall issue an individual or master policy that serves as evidence of a contractual obligation. A certificate of coverage must be issued to each individual under a group policy. All such documents must be filed with the commissioner as required under this title. In addition to those provisions, each policy or certificate concerning legal insurance must contain a complete and clear statement of:
(1) the legal benefits to which the insured is entitled;
(2) any limitation or exclusion on the services, kinds of services, benefits to be provided, including deductible or copayment features; and
(3) where information is available as to how services may be obtained.
As added by Acts 1978, P.L.129, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-3. "Mine Subsidence"

Sec. 3. As used in this chapter, "mine subsidence" means the collapse of an underground coal mine resulting in damage to a structure. The term does not include loss caused by earthquake, landslide, volcanic eruption, or collapse of storm or sewer drains.
As added by P.L.164-1986, SEC.1. Amended by P.L.124-1992, SEC.1; P.L.101-2016, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-3.5. "Peril"

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.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-5. "Structure"

Sec. 5. As used in this chapter, "structure" means any dwelling, building, or fixture permanently fixed to real property. The term does not include land, trees, crops, or other plants.
As added by P.L.164-1986, SEC.1. Amended by P.L.124-1992, SEC.3; P.L.101-2016, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-5.4. "Type of Insurance Described in Class 3(a) of Ic 27-1-5-1"

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.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-6. List of Counties in Which Mine Subsidence Insurance Available

Sec. 6. The department of natural resources shall identify and maintain a list of counties that are:
(1) at least partially within the Illinois Coal Basin; or
(2) underlain by coal-bearing rock formations of the Pennsylvanian system.
The mine subsidence insurance provided under this chapter is available only to cover structures located in counties identified by the department of natural resources under this section.
As added by P.L.164-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-7. Mine Subsidence Insurance Fund; Deposits; Investment

Sec. 7. (a) The mine subsidence insurance fund is established for the purpose of making mine subsidence insurance available to owners of property located in counties identified under section 6 of this chapter. The fund shall be administered by the commissioner. Money shall be deposited in the fund from:
(1) premiums for mine subsidence insurance remitted by insurers to the commissioner; and
(2) funds obtained through federal grants or any other source.
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) 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.
(d) Money in the fund at the end of a particular fiscal year does not revert to the state general fund.
As added by P.L.164-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-8.4. Additional Forms of Coverage; Application to Structures

Sec. 8.4. If coverage for damage due to mine subsidence is added under this chapter as an additional form of coverage to a policy providing the type of insurance described in Class 3(a) of IC 27-1-5-1, the mine subsidence coverage of the policy must apply to structures in the same manner as coverage for other perils under the policy.
As added by P.L.124-1992, SEC.5. Amended by P.L.286-2019, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-8.5. Limitation on Amount Payable; One Mine Subsidence Occurrence; Damage Occurring Before Issuance of Policy; Duty to Investigate; Liability

Sec. 8.5. (a) The amount payable through mine subsidence insurance provided under this chapter for all damage caused by one (1) mine subsidence occurrence is limited to the amount of insurance that:
(1) is in force with respect to the structure or structures damaged in the occurrence; and
(2) is reinsured under section 9 of this chapter;
at the time when the damage to the structure or structures occurs.
(b) For the purposes of this section, all damage that is caused by:
(1) a single mine subsidence event; or
(2) two (2) or more mine subsidence events that are continuous;
shall be considered as having been caused by one (1) mine subsidence occurrence.
(c) Neither an insurer, an agent of an insurer, nor an employee of an insurer is obligated to investigate for mine subsidence damage that may have occurred before the issuance or renewal of a policy including mine subsidence coverage under this chapter, unless specifically informed of such damage by the insured or prospective insured.
(d) Neither an insurer, an agent of an insurer, nor an employee of an insurer is liable for mine subsidence damage that occurs before the issuance of a policy including mine subsidence coverage under this chapter.
As added by P.L.150-1990, SEC.2. Amended by P.L.124-1992, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-9. Reinsurance; Terms; Ceding Commission

Sec. 9. (a) An insurer making the type of insurance described in Class 3(a) of IC 27-1-5-1 shall enter into a reinsurance agreement with the commissioner. The reinsurance agreement must include the following terms:
(1) The insurer agrees to cede to the commissioner one hundred percent (100%) of any mine subsidence coverage issued under this chapter, subject to a maximum limit of five hundred thousand dollars ($500,000) per structure insured.
(2) The insurer shall collect the premiums for mine subsidence insurance, may retain a ceding commission in an amount set by the commissioner, and shall remit the remainder of the premiums to the commissioner for deposit in the mine subsidence insurance fund.
(3) The insurer, in consideration of the ceding commission, shall:
(A) undertake the adjustment of losses under the mine subsidence coverage issued under this chapter by the insurer, with technical assistance provided under section 9.5 of this chapter; and
(B) pay the taxes and absorb all other expenses necessarily incurred by the insurer in the sale of policies and the administration of the mine subsidence insurance program under this chapter.
(4) The commissioner shall reimburse the insurer from the mine subsidence insurance fund for all amounts paid to policyholders for mine subsidence insurance claims.
(5) The insurer is not required to pay a claim for any mine subsidence loss insured under this chapter if the amount available in the mine subsidence insurance fund is insufficient to reimburse the insurer for the claim.
(b) The determination of the commissioner as to the amount of the ceding commission that an insurer may retain under subsection (a)(2) must be based on a consideration of the insurer's reasonable administrative costs (including insurance producers' commissions).
As added by P.L.164-1986, SEC.1. Amended by P.L.150-1990, SEC.3; P.L.124-1992, SEC.7; P.L.189-1996, SEC.1; P.L.182-2001, SEC.4; P.L.178-2003, SEC.48; P.L.35-2015, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-9.5. Assistance With Adjusting of Claims; Responsibility of Insurer; Costs Paid From Fund

Sec. 9.5. (a) The commissioner shall provide insurers with assistance from one (1) or more individuals with technical expertise in mine subsidence for the purpose of assisting with the adjusting of claims under coverage issued under this chapter. If the commissioner considers it necessary in order to comply with this section, the commissioner may:
(1) expand the staff of the department of insurance; or
(2) enter into contracts providing for the services of persons with the necessary technical expertise to provide assistance to insurers in the determination of subsidence events.
(b) The adjustment of a claim against a policy that includes mine subsidence coverage under this chapter is the sole responsibility of the insurer until the insurer makes a preliminary determination that the loss may involve mine subsidence. Upon such a determination, those persons retained by the commissioner as set out in subsection (a) shall assist the commissioner and insurer in determining the existence of a mine subsidence event and the costs of the event shall be paid from the fund established by section 7 of this chapter.
As added by P.L.124-1992, SEC.8. Amended by P.L.101-2016, SEC.5; P.L.136-2018, SEC.186.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-10. Premiums

Sec. 10. (a) Premiums for mine subsidence insurance under this chapter shall be established by the commissioner, who shall review at least annually the premium level and the experience data concerning operation of the fund and make changes in the premiums as required.
(b) Premiums shall be established at a rate or within a schedule of rates sufficient to:
(1) satisfy all foreseeable claims on the mine subsidence insurance fund during the period of coverage, giving due consideration to relevant loss or claims experience or trends;
(2) cover normal costs of operation of the mine subsidence insurance fund; and
(3) provide a reasonable reserve fund for unexpected contingencies.
(c) Deviations from the premium level or premiums set by the commissioner may not be allowed.
As added by P.L.164-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-11. Report to Commissioner

Sec. 11. An insurer that enters into a reinsurance agreement with the commissioner under section 9 of this chapter shall:
(1) report the amounts of premiums collected, at times designated by the commissioner; and
(2) present an itemized list of losses paid, including the policy number and the location of the structures, semiannually on dates selected by the commissioner.
As added by P.L.164-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-12. Payment to Insurer Upon Receipt of Loss Report

Sec. 12. The commissioner shall pay an insurer all amounts due under section 9(a)(4) of this chapter within ninety (90) days after receiving a loss report. The commissioner shall require that each loss report include:
(1) an itemized statement of the damage, repairs made, and the cost of each repair; and
(2) any other documentation the commissioner believes will substantiate the reported loss.
As added by P.L.164-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-13. Nature of Claims

Sec. 13. Mine subsidence insurance claims made under this chapter do not constitute a debt, liability, or obligation of the state or a pledge of faith and credit of the state, except to the extent that the mine subsidence insurance fund has accumulated reserves from premiums, state or federal grants, investment income, or state appropriations.
As added by P.L.164-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-14. Subrogation Rights; Reports

Sec. 14. (a) The commissioner and each insurer issuing mine subsidence insurance under this chapter have the right of subrogation. In enforcing this subrogation right, the commissioner or the insurer shall be considered the real party in interest and shall pursue any action under the insurer's or commissioner's own name.
(b) The insurer shall include in its semiannual report under section 11(2) of this chapter an itemized list of all losses in subrogation. An insurer shall remit to the commissioner all money, less expenses, recovered as a result of subrogation actions.
As added by P.L.164-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-15. Recourse Against Insurer or Policyholder; Fraud or Policy Violations

Sec. 15. (a) Except in case of fraud by an insurer, the commissioner has no right of recourse against an insurer. An insurer may settle losses under this chapter in the customary manner.
(b) The commissioner may require an insurer to attempt to recover from a policyholder for amounts paid to the policyholder if, in the judgment of the commissioner, the policyholder was not entitled to the amounts paid because of fraud or violation of the policy conditions. The cost of a recovery attempt under this subsection shall be borne equally by the insurer and the commissioner.
As added by P.L.164-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-16. Delegation of Powers

Sec. 16. The commissioner may delegate the task of executing the powers conferred upon the commissioner under this chapter to officers of the department of insurance or other persons. However, the commissioner remains fully responsible for the proper execution of those powers.
As added by P.L.164-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 9. Mine Subsidence Insurance › 27-7-9-18. Reports; Claims

Sec. 18. The department of insurance shall, every three (3) years beginning not later than November 1, 2001, publish a report regarding mine subsidence insurance provided under this chapter, including the:
(1) number of claims filed;
(2) amount paid for each claim; and
(3) amount remaining in the mine subsidence insurance fund established under section 7 of this chapter;
since the date of the previous publication of the report under this section.
As added by P.L.182-2001, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-1. "Commissioner" Defined

Sec. 1. As used in this chapter, "commissioner" means:
(1) the insurance commissioner of Indiana appointed under IC 27-1-1-2; or
(2) the commissioner, director, or superintendent of insurance of any other state.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-2. "Completed Operations Liability" Defined

Sec. 2. As used in this chapter, "completed operations liability" means liability arising out of the installation, maintenance, or repair of any product at a site that is not owned or controlled by:
(1) any person who performs that work; or
(2) any person who hires an independent contractor to perform that work.
However, the term includes liability for activities that are completed or abandoned before the date of the occurrence giving rise to the liability.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-3. "Domicile" Defined

Sec. 3. As used in this chapter to determine the state in which a purchasing group is domiciled, "domicile" means the following:
(1) For a corporation, the state in which the purchasing group is incorporated.
(2) For an unincorporated entity, the state of its principal place of business.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-4. "Hazardous Financial Condition" Defined

Sec. 4. As used in this chapter, "hazardous financial condition" means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to:
(1) meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or
(2) pay other obligations in the normal course of business.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-5. "Insurance" Defined

Sec. 5. As used in this chapter, "insurance" means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk that is determined to be insurance under the laws of Indiana.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-6. "Liability" Defined

Sec. 6. (a) As used in this chapter, "liability" means legal liability for damages (including costs of defense, legal costs and fees, and other claims expenses) because of injuries to other persons, damage to their property, or other damage or loss to other persons, resulting from or arising out of:
(1) any business (whether profit or nonprofit), trade, product, services (including professional services), premises, or operations; or
(2) any activity of any state or local government, or any agency or political subdivision of state or local government.
(b) The term "liability" does not include:
(1) personal risk liability; or
(2) an employer's liability with respect to its employees other than legal liability under the Federal Employers' Liability Act (45 U.S.C. 51 et seq.).
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-7. "Personal Risk Liability" Defined

Sec. 7. As used in this chapter, "personal risk liability" means liability for damages because of injury to any person, damage to property, or other loss or damage resulting from any personal, familial, or household responsibilities or activities, rather than from responsibilities or activities referred to in section 6(a) of this chapter.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-8. "Plan of Operation or Feasibility Study" Defined

Sec. 8. As used in this chapter, "plan of operation or feasibility study" means an analysis that presents the expected activities and results of a risk retention group including, at a minimum, the following:
(1) Information sufficient to verify that the members of the risk retention group are engaged in businesses or activities similar or related with respect to the liability to which those members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations.
(2) For each state in which the risk retention group intends to operate, the coverages, deductibles, coverage limits, rates, and rating classification systems for each line of insurance the group intends to offer.
(3) Historical and expected loss experience of the proposed members of the risk retention group and national experience of similar exposures to the extent that this experience is reasonably available.
(4) Pro forma financial statements and projections.
(5) Appropriate opinions by a qualified, independent casualty actuary, including a determination of minimum premium or participation levels required to commence operations and to prevent a hazardous financial condition.
(6) Identification of management, underwriting, and claims procedures, marketing methods, managerial oversight methods, investment policies, and reinsurance agreements.
(7) Identification of each state in which the risk retention group has obtained, or sought to obtain, a charter and license, and a description of its status in each state.
(8) Such other matters as may be prescribed by the commissioner of the state in which the risk retention group is chartered for liability insurance companies authorized by the insurance laws of that state.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-9. "Product Liability" Defined

Sec. 9. (a) As used in this chapter, "product liability" means liability for damages because of any personal injury, death, emotional harm, consequential economic damage, or property damage (including damages resulting from the loss of use of property) arising out of the manufacture, design, importation, distribution, packaging, labeling, lease, or sale of a product.
(b) The term "product liability" does not include the liability of a person for damages described in subsection (a) if the product involved was in the possession of that person when the incident giving rise to the liability occurred.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-10. "Purchasing Group" Defined

Sec. 10. As used in this chapter, "purchasing group" means any group that:
(1) has as one of its purposes the purchase of liability insurance on a group basis;
(2) purchases liability insurance:
(A) only for its group members; and
(B) only to cover the liability with respect to which the businesses or activities of the group members are similar or related;
(3) is composed of members whose businesses or activities are similar or related with respect to the liability to which the members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations; and
(4) is domiciled in any state.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-11. "Risk Retention Group" Defined

Sec. 11. (a) As used in this chapter, "risk retention group" means any corporation or other limited liability association:
(1) whose primary activity consists of assuming and spreading all or any portion of the liability exposure of its group members;
(2) that is organized for the primary purpose of conducting the activity described in subdivision (1);
(3) that:
(A) is chartered and licensed as a liability insurance company and authorized to engage in the business of insurance under the laws of any state; or
(B) before January 1, 1985, was chartered or licensed and authorized to engage in the business of insurance under the laws of Bermuda or the Cayman Islands and, before January 1, 1985, had certified to the insurance commissioner of at least one (1) state that it satisfied the capitalization requirements of that state;
(4) that does not exclude any person from membership in the group solely to provide the members of the group a competitive advantage over that person;
(5) that:
(A) has as its owners only persons who comprise the membership of the risk retention group and who are provided insurance by that group; or
(B) has as its sole owner an organization which:
(i) has as its members only persons who comprise the membership of the risk retention group; and
(ii) is owned entirely by persons who comprise the membership of the risk retention group and who are provided insurance by that group;
(6) whose members are engaged in businesses or activities similar or related with respect to the liability to which the members are exposed by virtue of any related, similar, or common business, trade, product, services, premises, or operations;
(7) whose activities do not include the provision of insurance other than:
(A) liability insurance for assuming and spreading all or any portion of the liability of its group members; and
(B) reinsurance with respect to the liability of:
(i) any other risk retention group; or
(ii) any member of any other risk retention group;
that is engaged in business or activities that would make the group or group member eligible for membership, under subdivision (6), in the risk retention group that provides the reinsurance;
(8) whose name includes the phrase "Risk Retention Group".
(b) The term "risk retention group" includes a corporation or limited liability association described in subsection (a)(3)(B):
(1) only if that corporation or association has been engaged in business continuously since January 1, 1985; and
(2) only for the purpose of continuing to provide insurance to cover product liability or completed operations liability.
As used in this subsection, the terms "product liability" and "completed operations liability" have the meanings set forth in 15 U.S.C. 3901 before October 27, 1986.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-13. Establishment of Risk Retention Groups; Certificate of Authority; Submission of Plan of Operation or Feasibility Study; Revision of Plan; Required Information

Sec. 13. (a) This section governs the establishment of a risk retention group in Indiana.
(b) A risk retention group may be organized and may obtain a certificate of authority under IC 27-1-6 to write only liability insurance pursuant to this chapter. Except as otherwise provided in this chapter, a risk retention group established under this section shall comply with:
(1) all laws and rules that apply to insurers that are chartered and licensed in Indiana; and
(2) sections 14 through 22 of this chapter;
to the extent that the requirements referred to in subdivisions (1) and (2) are not a limitation on the laws, rules, or requirements of this state.
(c) Before a risk retention group to be established under this section may offer insurance in any state, the organizers of the risk retention group shall submit for approval to the commissioner of this state a plan of operation or feasibility study. The risk retention group shall submit an appropriate revision in the event of any subsequent material change in an item of the plan of operation or feasibility study, within ten (10) days of the change. A risk retention group established under this section may not offer any additional kinds of liability insurance, in Indiana or any other state, until a revision of the plan of operation or feasibility study is approved by the commissioner.
(d) At the time that an application is submitted for a certificate of authority for a risk retention group, the organizers of the risk retention group shall provide to the commissioner of this state, in summary form, the following information:
(1) The identity of the initial members of the group.
(2) The identity of those individuals who organized the group or who will provide administrative services or otherwise influence or control the activities of the group.
(3) The amount and nature of initial capitalization of the group.
(4) The types of insurance coverage to be afforded by the group.
(5) The states in which the group intends to operate.
(e) Upon receiving the information required by subsection (d), the commissioner of this state shall forward the information to the National Association of Insurance Commissioners. The requirement to provide information to the National Association of Insurance Commissioners under this section is in addition to all other requirements of this chapter, and providing this information does not satisfy the requirements of sections 14 through 22 or any other sections of this chapter.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-14. Foreign Risk Retention Groups Seeking to Do or Doing Business in Indiana; Required Information

Sec. 14. (a) A risk retention group that is chartered and licensed in a state other than Indiana and that seeks to do business in Indiana shall comply with this section and with sections 15 through 22 of this chapter.
(b) Before offering insurance in Indiana, a risk retention group shall submit to the commissioner the following:
(1) A statement that sets forth the following:
(A) The state or states in which the risk retention group is chartered and licensed as a liability insurance company.
(B) The date on which the charter of the group was issued.
(C) The group's principal place of business.
(D) Any other information (including information on the membership of the group) that the commissioner may require to verify that the group meets the definition of risk retention group in section 11 of this chapter.
(2) A copy of the plan of operations or feasibility study, and of any revisions of that plan or study, submitted by the risk retention group to the state in which the group is chartered and licensed.
(3) A copy of the group's charter or license from its chartering state.
(4) A statement of registration (for which a filing fee shall be determined by the commissioner) that designates the commissioner as its agent for the purpose of receiving service of legal documents or process.
(c) A risk retention group that is chartered and licensed in a state other than Indiana and that is doing or seeks to do business in Indiana shall submit a copy of any revision of its plan of operation or feasibility study to the commissioner of this state at the same time that the revision is submitted to the commissioner of the group's chartering state.
(d) A risk retention group that is chartered and licensed in a state other than Indiana and that is doing business in Indiana shall submit to the commissioner of this state the following:
(1) A copy of the group's financial statement submitted to the state in which the risk retention group is chartered and licensed, which must be certified by an independent public accountant and must contain a statement of opinion on loss and loss adjustment expense reserves made by a member of the American Academy of Actuaries or by a qualified loss reserve specialist (under criteria established by the NAIC).
(2) A copy of each examination of the risk retention group as certified by the commissioner or public official conducting the examination.
(3) Upon request by the commissioner, a copy of any information or document pertaining to any outside audit performed with respect to the risk retention group.
(4) Such information as may be required to verify that the group continues to meet the definition of risk retention group in section 11 of this chapter.
As added by P.L.162-1988, SEC.2. Amended by P.L.124-2018, SEC.73.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-15. Premium Taxes and Taxes on Premiums; Liability; Report of Premiums; Policy Records

Sec. 15. (a) A risk retention group is liable for the payment of premium taxes and taxes on premiums of direct business for risks resident or located within Indiana, and shall report to the commissioner of this state the net premiums written for risks resident or located within Indiana. A risk retention group that is chartered and licensed in a state other than Indiana is subject to taxation, and any applicable fines and penalties related thereto, on the same basis as a foreign admitted insurer.
(b) A licensed insurance producer who is utilized under section 30 of this chapter in soliciting, negotiating, or procuring liability insurance from a risk retention group that is chartered and licensed in a state other than Indiana shall report to the commissioner the premiums for direct business for risks resident or located within Indiana that the insurance producer has placed with or on behalf of a risk retention group that is not chartered in Indiana.
(c) A licensed insurance producer who is utilized under section 30 of this chapter in soliciting, negotiating, or procuring liability insurance from a risk retention group that is chartered and licensed in a state other than Indiana shall keep a complete and separate record of all policies procured from each such risk retention group. The record kept under this subsection must be open to examination by the commissioner and must, for each policy and each kind of insurance provided, include the following information:
(1) The limit of liability.
(2) The time period covered.
(3) The effective date.
(4) The name of the risk retention group that issued the policy.
(5) The gross premium charged.
(6) The amount of return premiums, if any.
As added by P.L.162-1988, SEC.2. Amended by P.L.178-2003, SEC.49.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-16. Foreign Risk Retention Groups; Compliance With Business Practice Provisions

Sec. 16. (a) All risk retention groups that are chartered and licensed in other states and that are doing business in Indiana and all agents and representatives of those risk retention groups shall comply with:
(1) IC 27-4-1-4.5 concerning unfair claims settlement practices; and
(2) IC 27-4 concerning deceptive, false, or fraudulent acts or practices.
(b) However, any injunction sought by the commissioner of this state regarding conduct described in subsection (a)(2) must be obtained from a court.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-17. Examination of Foreign Risk Retention Groups

Sec. 17. A risk retention group that is licensed and chartered in a state other than Indiana shall submit to an examination by the commissioner of this state to determine its financial condition if the commissioner of the jurisdiction in which the group is chartered and licensed has not initiated an examination or does not initiate an examination within sixty (60) days after a request by the commissioner of this state. Any examination conducted by the commissioner of this state under this section shall be coordinated to avoid unjustified repetition and conducted in an expeditious manner and in accordance with the Financial Condition Examiner's Handbook and the Market Regulation Handbook.
As added by P.L.162-1988, SEC.2. Amended by P.L.124-2018, SEC.74.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-18. Notice; Applications and Policies

Sec. 18. Every application form for insurance from a risk retention group, and every policy (on its front and declaration pages) issued by a risk retention group, must contain in ten (10) point type the following notice:
NOTICE
This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state. State insurance insolvency guaranty funds are not available for your risk retention group.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-19. Prohibited Acts

Sec. 19. The following acts by a risk retention group are prohibited:
(1) The solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership in the group.
(2) The solicitation or sale of insurance by, or operation of, a risk retention group that is in hazardous financial condition or financially impaired.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-20. Insurance Company Membership in Risk Retention Group

Sec. 20. A risk retention group may not do business in Indiana if an insurance company is directly or indirectly a member or owner of that risk retention group, other than in the case of a risk retention group all of whose members are insurance companies.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-21. Prohibited Coverage

Sec. 21. The terms of any insurance policy issued by any risk retention group may not provide, or be construed to provide, coverage prohibited generally by Indiana law or declared unlawful by the Indiana supreme court.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-22. Financial Impairment of Foreign Risk Retention Group; Violations of Chapter; Compliance Requirements

Sec. 22. (a) A risk retention group that is not chartered in Indiana and that is doing business in Indiana shall comply with a lawful order issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by a state commissioner if there has been a finding of financial impairment after an examination under section 17 of this chapter.
(b) A risk retention group that violates any provision of this chapter is subject to fines and penalties, including revocation of its right to do business in Indiana, that are applicable to licensed insurers generally.
(c) In addition to complying with the other requirements of sections 14 through 22 of this chapter, a risk retention group operating in Indiana before April 1, 1988, shall, before May 1, 1988, comply with section 14(a) of this chapter.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-23. Insurance Insolvency Guaranty Fund

Sec. 23. (a) A risk retention group may not be required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in Indiana. Neither a risk retention group, nor its insureds, nor claimants against its insureds may receive any benefit from any such fund for claims arising under the insurance policies issued by the risk retention group.
(b) When a purchasing group obtains insurance covering its members' risks from an insurer that is not authorized in Indiana or from a risk retention group, no risks, wherever resident or located, are covered by an insurance guaranty fund or similar mechanism in Indiana.
(c) When a purchasing group obtains insurance covering its members' risks from an authorized insurer, only risks resident or located in Indiana are covered by the state guaranty fund under IC 27-6-8.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-25. Purchasing Groups and Their Insurers; Application of Indiana Law; Exemptions

Sec. 25. A purchasing group and its insurer or insurers are subject to all applicable Indiana laws, except that a purchasing group and its insurer or insurers are exempt, in regard to liability insurance for the purchasing group, from any law that would:
(1) prohibit the establishment of a purchasing group;
(2) make it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its members, advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters;
(3) prohibit a purchasing group or its members from purchasing insurance on a group basis as described in subdivision (2);
(4) prohibit a purchasing group from obtaining insurance on a group basis because the group has not been in existence for a minimum period of time or because any member has not belonged to the group for a minimum period of time;
(5) require that a purchasing group have a minimum number of members, common ownership or affiliation, or certain legal form;
(6) require that a certain percentage of a purchasing group must obtain insurance on a group basis; or
(7) otherwise discriminate against a purchasing group or any of its members.
As added by P.L.162-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 10. Risk Retention Groups › 27-7-10-26. Purchasing Groups; Notice of Intent to Do Business; Required Information; Agent for Service of Process; Exemptions

Sec. 26. (a) A purchasing group, before doing business in Indiana, shall furnish notice to the commissioner. The notice must:
(1) identify the state in which the group is domiciled;
(2) identify all other states in which the group intends to do business;
(3) specify the lines and classifications of liability insurance that the purchasing group intends to purchase;
(4) identify the insurance company or companies from which the group intends to purchase its insurance and the domicile of the company or companies;
(5) specify the method by which, and the person or persons, if any, through whom insurance will be offered to its members whose risks are resident or located in Indiana;
(6) identify the principal place of business of the group; and
(7) provide such other information as may be required by the commissioner to verify that the purchasing group meets the definition of a purchasing group under section 10 of this chapter.
(b) A purchasing group shall, within ten (10) days, notify the commissioner of any changes in any of the facts set forth in the notice provided to the commissioner under this section.
(c) A purchasing group, before doing business in Indiana, shall register with and designate the commissioner as its agent solely for the purpose of receiving service of legal documents or process in Indiana (for which a filing fee shall be determined by the commissioner). However, this requirement does not apply in the case of a purchasing group that only purchases insurance that was authorized under the federal Product Liability Risk Retention Act of 1981 (15 U.S.C. 3901 et seq.) and:
(1) that in any state of the United States:
(A) was domiciled before April 1, 1986; and
(B) is domiciled on and after October 27, 1986;
(2) that:
(A) before October 27, 1986, purchased insurance from an insurance carrier licensed in any state; and
(B) since October 27, 1986, purchased its insurance from an insurance carrier licensed in any state; or
(3) that was a purchasing group under the requirements of the Product Liability Risk Retention Act of 1981 (15 U.S.C. 3901 et seq.) before October 27, 1986.
(d) Each purchasing group that is required to give notice under subsection (a) shall also furnish information required by the commissioner to:
(1) verify that the entity qualifies as a purchasing group;
(2) determine where the purchasing group is located; and
(3) determine appropriate tax treatment.
(e) Any purchasing group that was doing business in Indiana before April 1, 1988, shall, before May 1, 1988, furnish notice to the commissioner under subsection (a) and furnish information required under subsections (c) through (d).
As added by P.L.162-1988, SEC.2. Amended by P.L.124-2018, SEC.75.