reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-4. Rate Filings; Notice

Sec. 4. (a) The bureau shall file not less than once each calendar year recommended minimum premiums and rates for worker's compensation insurance subject to the approval of the commissioner.
(b) There shall accompany each filing adequate proof that notice of the filing has been mailed, by first class United States mail, to each interested person at the person's address as shown on the records of the department.
Formerly: Acts 1935, c.323, s.4; Acts 1959, c.231, s.3. As amended by P.L.28-1988, SEC.89; P.L.249-1989, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-4.5. Premium or Rate Discount for Municipal Corporations or Volunteer Fire Departments

Sec. 4.5. The bureau may recommend a premium or rate discount for a municipal corporation purchasing or procuring worker's compensation insurance under IC 22-3-2-2(c) or a volunteer fire department purchasing worker's compensation insurance under IC 36-8-12-10 that has implemented the best practices established under IC 36-8-10.5-11.
As added by P.L.72-2020, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-5. Management of Bureau

Sec. 5. The management of said bureau shall be in the hands of duly elected officers or committees provided for in the bylaws of said bureau; each member of the bureau or member group with affiliate or subsidiary companies shall be entitled to only one (1) vote on any subject coming before the bureau for determination.
Formerly: Acts 1935, c.323, s.5. As amended by P.L.116-1994, SEC.55.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-6. By-Laws of Bureau

Sec. 6. The bureau shall make by-laws for its government and for the government of its members. Such by-laws and amendments thereto shall be filed with and approved by the insurance commissioner before they shall be effective.
Formerly: Acts 1935, c.323, s.6.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-7. Resolution of Tie Votes

Sec. 7. In case of a tie vote in any committee or governing body of said bureau, the insurance commissioner shall decide the matter.
Formerly: Acts 1935, c.323, s.7. As amended by P.L.204-2018, SEC.15.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-8. Membership in Bureau

Sec. 8. The bureau shall admit to membership every company lawfully engaged in whole or in part in writing worker's compensation insurance in Indiana.
Formerly: Acts 1935, c.323, s.8. As amended by P.L.28-1988, SEC.90.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-9. Charges and Expenses of Bureau; Apportionment; Review

Sec. 9. The charges and expenses incident to the establishment and operation of the bureau shall be borne equitably and without discrimination among the members of the bureau. If any member is aggrieved by an apportionment of the cost or costs made by the bureau or by failure of the bureau to make such equitable apportionment, it may in writing petition the commissioner for a review of such apportionment or failure to act. The commissioner shall upon not less than five (5) days' notice to each member hold a hearing upon such petition at which time all members shall be entitled to be heard. And said commissioner shall determine the matter or matters and mail a copy of his decision to each member of the bureau. The decision of the commissioner shall be final.
Formerly: Acts 1935, c.323, s.9.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-10. Repealed

Formerly: Acts 1935, c.323, s.10; Acts 1959, c.231, s.4. As amended by P.L.252-1985, SEC.230; P.L.28-1988, SEC.91. Repealed by P.L.249-1989, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-11. Approval of Classifications, Premiums, or Rates; Consultations With Worker's Compensation Board; Duty of Board to Furnish Information

Sec. 11. (a) In approving classifications, premiums, or rates, the department may in all cases consult with the worker's compensation board or member thereof. The department may also consult with the worker's compensation board or members thereof on any other matter arising under this chapter.
(b) The worker's compensation board shall furnish the department all available information at its disposal and permit the department to have access to all records of the worker's compensation board which the department may wish to consult in the performance of its duties under this chapter.
Formerly: Acts 1935, c.323, s.11. As amended by P.L.252-1985, SEC.231; P.L.28-1988, SEC.92; P.L.249-1989, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-12. Representative of Department; Appointment; Powers and Duties

Sec. 12. The department may authorize any person to attend meetings of the rating bureau, hold hearings, make investigations, and make examinations with reference to any subject over which it has jurisdiction under this chapter. The person so appointed shall have all the powers of the department in relation to said hearings, investigations, or examinations, and shall report in writing to the department the results of such hearings, examinations, or investigations, and any testimony taken by him.
Formerly: Acts 1935, c.323, s.12. As amended by P.L.252-1985, SEC.232.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-13. Repealed

Formerly: Acts 1935, c.323, s.13a; Acts 1959, c.231, s.5; Acts 1965, c.378, s.1. As amended by P.L.252-1985, SEC.233; P.L.28-1988, SEC.93. Repealed by P.L.249-1989, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-14. Repealed

Formerly: Acts 1935, c.323, s.14a; Acts 1959, c.231, s.6. As amended by P.L.28-1988, SEC.94. Repealed by P.L.249-1989, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-15. Approval of System of Schedule Rating

Sec. 15. The department shall after consultation with members of the bureau and after investigation approve a system of schedule rating for use in this state. Only the system filed by the bureau and approved by the department may be used in Indiana.
Formerly: Acts 1935, c.323, s.15. As amended by P.L.249-1989, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-18. Exclusion of Physical Impairment of Employees in Rate Making

Sec. 18. The physical impairment of employees shall not be taken into account in establishing rates or system of schedule or merit rating.
Formerly: Acts 1935, c.323, s.18.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-20. Adherence to Approved Rules, Forms, Plans, and Systems; Annual Reports

Sec. 20. (a) Every company shall adhere to manual rules, policy forms, a statistical plan, a classification system, and experience rating plan filed by the bureau and approved by the commissioner.
(b) The commissioner shall designate the bureau to assist in gathering, compiling, and reporting relevant statistical information. Every company shall record and report its worker's compensation experience to the bureau according to the statistical plan approved by the commissioner. The report shall include any deviation from the filed recommended minimum premiums and rates, in total and by classification. The bureau shall annually submit data concerning these deviations to the department. Upon receipt, the department shall evaluate the data and prepare a report concerning the effect of competitive rating in Indiana. The department shall make the report available not later than October 31 of each year.
(c) Every company shall adhere to the approved manual rules, policy forms, statistical plan, classification system, and experience rating plan in the recording and reporting of data to the bureau.
(d) Copies of all approved classifications, rules, and forms shall be provided to the worker's compensation board.
Formerly: Acts 1935, c.323, s.20. As amended by P.L.28-1988, SEC.95; P.L.249-1989, SEC.8; P.L.91-1998, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-20.2. Minimum Premiums, Rates, and Supplementary Rate Information; Filing; Approval; Proof of Notice; Public Inspection

Sec. 20.2. (a) Every company and the bureau shall file with the commissioner all minimum premiums, rates, and supplementary rate information that are to be used in Indiana. Such minimum premiums, rates, and supplementary rate information must be submitted to the commissioner at least thirty (30) days before the effective date. The commissioner shall disapprove a filing that does not meet the requirements of section 20.1 of this chapter. A filing shall be deemed approved unless disapproved by the commissioner within thirty (30) days after the filing is made. A company may adopt by reference, with or without deviation, the minimum premiums, rates, and supplementary rate information filed by another company or by the bureau.
(b) Minimum premiums, rates, and supplementary information filed under this section shall be filed in the form and manner prescribed by the commissioner.
(c) There shall accompany each filing adequate proof that notice of the filing has been mailed, by first class United States mail, to each interested person at the person's address as shown on the records of the department.
(d) All material filed by the bureau or any company as part of any official rate filing shall, as soon as filed, be open to the public for inspection and copying under IC 5-14-3. This requirement is not applicable to information and data transmitted to the department or the worker's compensation board, or to both, under section 20 or 40 of this chapter.
As added by P.L.249-1989, SEC.10. Amended by P.L.275-2013, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-20.4. Arrangements in Restraint of Trade; Presumption; Subsidiary Companies

Sec. 20.4. (a) A company or the bureau may not make any arrangement with any other company or other person that has the purpose or effect of restraining trade unreasonably or of substantially lessening competition in the business of insurance.
(b) A company may not agree with any other company or the bureau to adhere to or use any rate, rating plan (other than the experience rating plan), or rating rule except as needed to comply with the requirements of section 20 of this chapter.
(c) The fact that two (2) or more companies use consistently or intermittently the same rules, rating plans, rating schedules, rating rules, policy forms, rate classifications, underwriting rules, surveys, or inspections or similar materials is not sufficient in itself to support a finding that an agreement prohibited by subsection (b) exists.
(d) Two (2) or more companies having a common ownership or operating in Indiana under common management or control may act in concert between or among themselves with respect to any matters pertaining to those authorized in this chapter as if they constituted a single company.
As added by P.L.249-1989, SEC.12.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-22. Repealed

Formerly: Acts 1935, c.323, s.22. As amended by P.L.252-1985, SEC.234; P.L.28-1988, SEC.96. Repealed by P.L.249-1989, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-24. Appointment of Resident Agent for Service of Process

Sec. 24. Every person lawfully engaged wholly or in part in writing worker's compensation insurance in this state shall, upon July 1, 1935, by written notice to the insurance commissioner, appoint an individual resident of Indiana, a corporate resident of Indiana, or an authorized Indiana insurer as the person's resident agent in Indiana upon whom service of process may be had for the enforcement of this chapter.
Formerly: Acts 1935, c.323, s.24. As amended by P.L.252-1985, SEC.235; P.L.28-1988, SEC.98; P.L.268-1999, SEC.17.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-25. Annual License of Rating Bureau

Sec. 25. The bureau shall procure annually from the department a license to carry on its business for which license a fee of one hundred dollars ($100) shall be paid to the state of Indiana through the insurance department of this state. The license year shall terminate on the thirtieth day of April of each year.
Formerly: Acts 1935, c.323, s.25.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-26. Repealed

Formerly: Acts 1935, c.323, s.26. As amended by P.L.252-1985, SEC.236; P.L.28-1988, SEC.99; P.L.170-1991, SEC.28. Repealed by P.L.117-2021, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-27. Jurisdiction of Courts of Marion County; Review

Sec. 27. (a) The courts of Marion County, Indiana, shall have jurisdiction in all matters arising under this chapter except such rulings by the department as are made final by this chapter.
(b) Any order or decision of the commissioner made under this chapter is subject to review in the circuit or superior court of Marion County by any party in interest. An appeal must be taken within thirty (30) days after the date of the order or decision of the commissioner. The court shall determine whether the filing of the petition for review shall operate as a stay of the order or decision of the commissioner. The court may, in disposing of the issue before it, affirm or set aside the order or decision of the commissioner. If the order or decision of the commissioner is affirmed, the court shall make its own order and judgment commanding obedience to the order or decision of the commissioner. An appeal may be taken to the supreme court as in civil actions from any order or judgment of the circuit or superior court made under this section.
Formerly: Acts 1935, c.323, s.27. As amended by P.L.252-1985, SEC.237; P.L.249-1989, SEC.13.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-28. Duty to Insure and Accept Certain Rejected Risks

Sec. 28. From and after July 1, 1935, all insurance companies authorized to effect worker's compensation insurance in this state, and being members of the worker's compensation rating bureau of Indiana, shall insure and accept any worker's compensation risk tendered to and rejected in writing by any three (3) members of the bureau in the manner provided in this chapter.
Formerly: Acts 1935, c.323, s.28. As amended by P.L.252-1985, SEC.238; P.L.28-1988, SEC.100.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-28.1. Assigned Risk Plan; Administration; Filing; Approval; Modification or Elimination by General Assembly

Sec. 28.1. (a) The assigned risk plan is established.
(b) The bureau shall administer the assigned risk plan with the commissioner's approval.
(c) All companies authorized to write worker's compensation insurance shall participate in the assigned risk plan providing for the equitable apportionment among them of insurance that may be afforded to applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods. The bureau shall file, at least thirty (30) days before their effective date, the plan of operation, rates, rating plans, rules, policy forms, and any future modifications thereof, with the commissioner for approval. Such rates shall reflect experience in the assigned risk plan to the extent it is actuarially appropriate. The rates must reflect the varied categories of rejected risks covered by the assigned risk plan and must include at least two (2) rating plans, one (1) of which may not exceed the recommended minimum premiums and rates filed by the bureau under section 4 of this chapter.
(d) The commissioner shall disapprove any filing that does not meet the requirements of section 20.1 of this chapter. A filing shall be deemed to meet such requirements unless disapproved by the commissioner within thirty (30) days after the filing is made. In disapproving a filing made under this section, the commissioner shall have the same authority and follow the same procedure as in disapproving a filing under section 20.3 of this chapter.
(e) The assigned risk plan may be substantially modified or eliminated only as the general assembly provides by statute.
As added by P.L.249-1989, SEC.14. Amended by P.L.204-2018, SEC.16.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-28.2. Examination of Records; Costs

Sec. 28.2. (a) The commissioner may examine any company, the bureau, or the assigned risk plan as the commissioner considers necessary to ascertain compliance with this chapter.
(b) Every company, the bureau, and the assigned risk plan shall maintain reasonable records of the type and kind reasonably adapted to its method of operation containing its experiences or the experience of its staff members including the data, statistics, or information collected or used by it in its activities. These records shall be available at all reasonable times to enable the commissioner to determine whether the activities of the bureau, company, and the assigned risk plan comply with this chapter. Such records shall be maintained in an office within Indiana or shall be made available to the commissioner for examination or inspection at any time upon reasonable notice.
(c) The reasonable cost of an examination made under this section shall be paid by the examined party upon presentation of a detailed account of such costs.
(d) Instead of an examination the commissioner may accept the report of an examination by the insurance supervisory official of another state, made under the laws of that state.
As added by P.L.249-1989, SEC.15.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-29. Rejected Risks; Designation of Insurer; Reinsurance

Sec. 29. (a) When any such rejected risk is called to the attention of the worker's compensation board and it appearing to the board that said risk is in good faith entitled to coverage, said bureau upon the order of the board shall fix the initial premium for the coverage.
(b) Upon payment, of the premium fixed under subsection (a), the bureau shall designate a member of said bureau whose duty it shall be to issue a policy containing the usual and customary provisions found in such policies therefor. However, for this undertaking all members of said bureau shall be reinsurers as among themselves in the amount which the compensation insurance written in this state during the preceding calendar year by such member bears to the total compensation insurance written in this state during the preceding year by all members of said bureau.
Formerly: Acts 1935, c.323, s.29. As amended by P.L.28-1988, SEC.101.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-30. Rules; Adoption

Sec. 30. The bureau shall, by July 31, 1935, make and adopt such rules as may be necessary to carry out the provisions of this chapter, subject to the approval of the insurance commissioner.
Formerly: Acts 1935, c.323, s.30. As amended by P.L.252-1985, SEC.239.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-31. Loss of Coverage for Nonpayment of Premiums; Report of Conditions Precluding Insurance; Coverage Pending Decision

Sec. 31. No employer who does not pay the advance premiums or premium when due, shall be entitled to insurance, nor shall any coverage be extended until all obligations to pay worker's compensation insurance premiums contracted during the previous twelve (12) months have been paid. If, in the opinion of the designated carrying company or the bureau, physical or moral conditions exist in any risk which shall preclude the risk from obtaining insurance, that risk shall be reported to the worker's compensation board and to the department. The bureau shall, in those cases, furnish the board and the department with its recommendations for improving safety conditions, which, if complied with, would entitle the risk to insurance. Pending a decision by the board or the department, insurance shall be effective as otherwise provided in this chapter. However, the board, or the department, or both shall make that decision within sixty (60) days after such recommendations are furnished by the bureau.
Formerly: Acts 1935, c.323, s.31. As amended by P.L.252-1985, SEC.240; P.L.28-1988, SEC.102.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-32. Considerations in Designating Insurer to Assume Rejected Risk; Review of Reasons

Sec. 32. In designating the bureau member to insure a rejected risk, the bureau shall have due regard for the service facilities and compensation premium volume in Indiana of the member so designated as the carrying company. Any grievance on the part of such bureau member with the respect of such designation shall be brought to the attention of the bureau for review and such action as the circumstances may justify.
Formerly: Acts 1935, c.323, s.32.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-33. Designated Insurer Carrying Rejected Risk; Additional Inspection; Renewal Rates

Sec. 33. At any time while a policy, written pursuant to designation by the bureau, is in force, the carrying company, upon its own initiative, may make a further careful inspection of the risk for the purpose of measuring its hazards, making recommendation for the promotion of the safety of employees and determining the rate or rates which should apply to insurance issued in renewal of such policy. Rates for the renewal of any policy issued pursuant to this chapter shall take into account the available experience of the risk for the previous five (5) years, and such rates shall be made in contemplation of the facts disclosed by the most recent inspection of the risk by the rating bureau as provided in this chapter, subject to the approval of the department.
Formerly: Acts 1935, c.323, s.33. As amended by P.L.252-1985, SEC.241.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-34. Information Concerning Rejected Risks; Automatic Insurance

Sec. 34. The management of the bureau shall furnish to all members of the bureau complete information concerning each rejected risk and any member of such bureau may write any rejected risk as regular business in which event the risk so written shall no longer be treated as provided for in section 29 of this chapter. If, at expiration, the risk is still uninsured on voluntary basis, it shall automatically be insured as provided in section 29 of this chapter.
Formerly: Acts 1935, c.323, s.34. As amended by P.L.252-1985, SEC.242; P.L.202-2001, SEC.12.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-35. Record of Rejected Risks Referred by Bureau to Members; Effect of Writing Rejected Risk as Regular Business

Sec. 35. The bureau shall keep a record of all risks referred to members as carrying company, coming within the provisions of section 29 of this chapter, and this record shall be open to any bureau member or its authorized representative. Any member may at any time write as regular business any risk which is carried by any other member as a carrying company, under the provisions of section 29 and such carrying company shall cancel such policy on a pro rata premium basis or thereafter carry such risk in its entirety as regular business.
Formerly: Acts 1935, c.323, s.35. As amended by P.L.252-1985, SEC.243.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-37. Cancellation of Rejected Risk Coverage; Grounds; Effect

Sec. 37. (a) If, after the issuance of a policy, it develops that an employer is not or ceases to be in good faith entitled to compensation insurance, the carrying company which issued the policy shall have the right, upon authorization of the bureau and the worker's compensation board, to cancel the insurance in accordance with the conditions of the policy.
(b) If a policy is cancelled under the circumstances described in subsection (a), the risk shall not be assigned again by the bureau to any of its members as a carrying company until it is fully satisfied that the employer is entitled to insure as a proper rejected risk under this chapter.
(c) In the event of a cancellation under this section, the facts justifying such action shall be referred to the worker's compensation board and the department.
Formerly: Acts 1935, c.323, s.37. As amended by P.L.252-1985, SEC.245; P.L.28-1988, SEC.103.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-37.5. Refund of Dividends, Savings, or Unabsorbed Premium Deposits

Sec. 37.5. (a) Nothing in this chapter prohibits or regulates the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by companies to their policyholders, members, or subscribers, but in the payment of such dividends there shall be no unfair discrimination between policyholders.
(b) A plan for the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by companies to their policyholders, members, or subscribers is not considered a rating plan or system.
(c) It is an unfair trade practice to make the payment of a dividend or any portion thereof conditioned upon renewal of the policy or contract.
As added by P.L.249-1989, SEC.16.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-38. Violations; Penalties; Suspension or Revocation of License

Sec. 38. (a) A person who fails to comply with this chapter or fails to comply with any lawful order or ruling made by the department in the administration of this chapter commits a Class C infraction. If a person is fined for violating this section and fails to pay the fine within thirty (30) days after final judgment, the insurance commissioner shall suspend the license of the person to transact any form of insurance business in Indiana until the fine and costs incident to the final judgment are paid in full.
(b) The commissioner may, if the commissioner finds that any person or organization has violated this chapter, impose a penalty of not more than one thousand dollars ($1,000) for each such violation but if the commissioner finds the violation is willful the commissioner may impose a penalty of not more than ten thousand dollars ($10,000) for each such violation. These penalties are in addition to any other penalty provided by law.
(c) For purposes of this section, any company using a rate for which the company has failed to file the rate, supplementary rate information, or supporting information, as required by this chapter, shall have committed a separate violation for each day such failure continues.
(d) The commissioner may suspend or revoke the license of the bureau or any company that fails to comply with an order of the commissioner within the time limit specified by such order, or any extension of time that the commissioner may grant.
(e) The commissioner may determine when a suspension of license becomes effective and it shall remain in effect for the period fixed by the commissioner, unless the commissioner modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded, or reversed.
(f) No penalty shall be imposed and no license shall be suspended or revoked except on a written order of the commissioner, stating the commissioner's findings, made after a hearing.
Formerly: Acts 1935, c.323, s.38. As amended by Acts 1978, P.L.2, SEC.2723; P.L.249-1989, SEC.17.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-39. Appointment and Compensation of Personnel; Appropriation

Sec. 39. The commissioner shall appoint such deputies, examiners, actuaries, assistants, and other employees in the department of insurance as may be found necessary to carry out the provisions of this chapter and fix the compensation thereof, subject to the approval of the state budget agency. There is hereby appropriated out of funds not otherwise appropriated in the general fund such sums as may be necessary to carry out the provisions of this chapter.
Formerly: Acts 1935, c.323, s.38a. As amended by P.L.252-1985, SEC.246; P.L.100-2012, SEC.66.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 2. Worker's Compensation › 27-7-2-40. Confidential Data; Data Sharing With Department or Worker's Compensation Board

Sec. 40. The bureau may collect data from its members under this chapter, including:
(1) claims data;
(2) policy data such as policy number, policy term, and employer and employee identification information; and
(3) proof of coverage data such as employer identification information, classification information, carrier information, agency identification information, premium information, and payroll data.
Unless this chapter specifically states otherwise, all data collected by the bureau from its members is confidential and shall not be disclosed or disseminated to third parties unless consented to by the bureau. To the extent this chapter authorizes the bureau to share the data with the department or the worker's compensation board, the data must remain confidential. The department and the worker's compensation board shall not publish the data or distribute the data to third parties.
As added by P.L.275-2013, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-2. Definitions

Sec. 2. As used in this chapter and unless a different meaning appears from the context:
(a) The term "title insurance" means a contract of insurance against loss or damage on account of encumbrances upon or defects in the title to real estate.
(b) The term "closing protection letter" means a written indemnification of or undertaking to a party to a real estate transaction by a principal that specifies the extent to which the principal is responsible for intentional or unintentional misconduct or errors of an agent of the principal in connection with the closing of the real estate transaction.
(c) The term "company" shall mean and include any corporation, domestic or foreign, to which this chapter is applicable.
(d) The term "department" shall mean the department of insurance of the state of Indiana.
(e) The term "commissioner" shall mean the insurance commissioner.
(f) The term "public record" has the meaning set forth in IC 5-14-3-2.
(g) The term "title policy" means a policy issued by a company that:
(1) is authorized to do business as a title insurance company under section 3 of this chapter; and
(2) insures or indemnifies persons with an interest in real property against loss or damage caused by a lien on, an encumbrance on, a defect in, or the unmarketability of the title to the real property.
(h) The term "title search" means a search and examination of the public records sufficient to determine:
(1) ownership of;
(2) encumbrances on;
(3) liens on; and
(4) defects in the title to;
the real estate that is the subject of the search.
Formerly: Acts 1937, c.104, s.2. As amended by P.L.252-1985, SEC.248; P.L.68-2002, SEC.1; P.L.80-2013, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-3. Title Insurance Business; Authorization of Domestic and Foreign Corporations; Application of Business Corporation Law

Sec. 3. (a) Any domestic corporation having:
(1) among its purposes the insuring against loss or damage on account of encumbrances upon or defects in the title to real estate; and
(2) a physical office in Indiana;
is hereby authorized to organize under IC 23-1, and any foreign corporation, having among its purposes the insuring against loss or damage on account of encumbrances upon or defects in the title to real estate, is hereby authorized to and may be admitted to do business in this state under IC 23-1. Any domestic or foreign corporation, organized or admitted to do business before or after June 7, 1937, as provided in this section, may engage in business as a title insurance company by complying with the provisions of this chapter.
(b) A domestic corporation admitted to do business as described in subsection (a) shall provide written notice to the department of insurance and all policyholders of a change in location of the domestic corporation's physical office in Indiana, including the address and telephone number of the new location.
Formerly: Acts 1937, c.104, s.3. As amended by P.L.252-1985, SEC.249; P.L.11-2011, SEC.28.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-3.5. Requirements Applicable to Issuers of Title Insurance

Sec. 3.5. (a) A domestic corporation admitted to do business as described in section 3 of this chapter is subject to the following:
(1) IC 27-1-6-21.
(2) IC 27-1-7-11.
(3) IC 27-9.
(b) A foreign corporation admitted to do business as described in section 3 of this chapter is subject to IC 27-1-17-9.
As added by P.L.11-2011, SEC.29.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-4. Corporate Rights; Powers and Privileges

Sec. 4. Every such company shall possess and may exercise all the rights, powers, and privileges conferred upon domestic corporations by IC 23-1 but only to the extent that the same may be necessary, convenient or expedient to accomplish the purposes for which it is organized, and in addition thereto, but subject to the restrictions and limitations contained in this chapter, every such company shall possess and may exercise the power of making insurance to insure against the loss or damage on account of encumbrances upon or defects in the title to real estate. In all things not specifically provided for in this chapter, the provisions of IC 23-1 shall apply.
Formerly: Acts 1937, c.104, s.4. As amended by P.L.252-1985, SEC.250.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-5. Capital Stock

Sec. 5. The capital stock of any company engaged in business under the provisions of this chapter shall be not less than one hundred thousand dollars ($100,000), which shall be fully paid in.
Formerly: Acts 1937, c.104, s.5. As amended by P.L.252-1985, SEC.251.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-6. Certificate of Authority; Requirements; Issuance; Necessity to Do Business

Sec. 6. (a) Whenever any such company shall have shown to the department by a sworn statement, verified by the oaths of the president or a vice president and the secretary or an assistant secretary of the company and bearing the corporate seal of such company, that it has complied with all the requirements of this chapter necessary for beginning business and that it has deposited the amount as required in section 7 of this chapter, the commissioner shall issue a certificate of authority reciting that such company has complied with the provisions of this chapter and is authorized to insure against the loss or damage on account of encumbrances upon or defects in the title to real estate, which certificate shall expire as of midnight of April 30 of each calendar year. The certificate shall be issued under the seal of the department.
(b) No person, firm, partnership, corporation, association, or company shall transact any business of insuring against loss or damage on account of encumbrances upon or defects in the title to real estate until it or they shall have received a certificate of authority as provided for in this section.
Formerly: Acts 1937, c.104, s.6. As amended by P.L.252-1985, SEC.252.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-7. Deposits; Title Insurance Fund

Sec. 7. Every company described in section 3 of this chapter, before engaging in business, shall deposit with the department the sum of fifty thousand dollars ($50,000) either out of its capital or surplus. The deposit shall be known as the title insurance fund and must be deposited in securities of the kind and character designated by IC 27-1-13-3(b).
Formerly: Acts 1937, c.104, s.7. As amended by P.L.252-1985, SEC.253; P.L.159-1986, SEC.5; P.L.161-1986, SEC.2; P.L.184-1996, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-8. Additional Deposit to Meet Requirements of Another State; Withdrawal

Sec. 8. In the event any such domestic company shall be required by the laws of any other state, country, or province, as a requirement prior to doing such business as defined in this chapter therein, to deposit, with the duly appointed officer of such other state, country, or province or with the department of this state, any securities or cash in excess of the deposit required of the company by this chapter, such company may deposit with the department securities of the character authorized by this chapter sufficient to meet such requirement. The department is hereby authorized and directed to receive such deposit and to hold it exclusively for the protection of all policyholders of the company. Any deposit so made to meet the requirement of any such other state, country, or province shall not be withdrawn by the company except upon filing with the department evidence satisfactory to it that the company has withdrawn from business, and has no unsecured liability outstanding in any such other state, country, or province by which such additional deposit was required, and upon the filing of such evidence, and the approval of the department, the company may withdraw such additional deposit. Upon the approval of the department, any such domestic company may deposit and use the reserve fund, provided for in section 9 of this chapter, for the purpose of complying with the additional deposit requirement of any other state, country, or province.
Formerly: Acts 1937, c.104, s.8. As amended by P.L.252-1985, SEC.254.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-9. Title Insurance Reserve Fund

Sec. 9. Every company described in section 3 of this chapter shall annually set apart, accumulate, and maintain, in a fund to be known as the title insurance reserve fund, securities of the kind and character designated by IC 27-1-13-3(b) of the face amount equal to ten percent (10%) of the actual premiums collected during the preceding year by the company on account of such title insurance, until the fund totals fifty thousand dollars ($50,000). The fund shall be maintained in the treasury of the company as additional security to the holders of policies issued by the company. However, at its option, the company may deposit the title insurance reserve fund with the department in the amount of ten thousand dollars ($10,000), or any multiple thereof up to fifty thousand dollars ($50,000). This deposit shall be known as the title insurance reserve fund deposit.
Formerly: Acts 1937, c.104, s.9. As amended by P.L.252-1985, SEC.255; P.L.159-1986, SEC.6; P.L.161-1986, SEC.3; P.L.184-1996, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-10. Deficiency in Title Insurance Reserve Fund

Sec. 10. Whenever the amount of the title insurance reserve fund of any such company shall fall below the amount required in section 9 of this chapter, no further title insurance shall be made or issued by such company until the deficiency has been supplied.
Formerly: Acts 1937, c.104, s.10. As amended by P.L.252-1985, SEC.256.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-11. Interest on Deposited Securities

Sec. 11. The department shall permit such companies having on deposit with it stocks or bonds as security to collect the interest accruing on such deposits, delivering to their authorized agents, respectively, the coupons or other evidences of interest as the same become due.
Formerly: Acts 1937, c.104, s.11.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-12. Foreign Corporations; Capital and Deposit Requirements; Certificate of Authority; Rights and Privileges

Sec. 12. Every foreign corporation duly authorized to do a title insurance business in the state in which it is incorporated or organized and admitted to do business in this state under IC 23-1 may be authorized by the department to transact a title insurance business in this state upon filing with the department proof which satisfies it that the corporation has complied with sections 5 and 9 of this chapter and has deposited with the proper official of the state in which it is incorporated or organized, or has deposited with the department, the amount as required by section 7 of this chapter, and that it has complied with the provisions of this chapter. Upon the receipt of such proof, the commissioner may issue to such foreign corporation a certificate of authority as provided for in section 6 of this chapter. A foreign corporation admitted to do business under this chapter shall have the same but no greater rights and privileges than a domestic corporation under this chapter.
Formerly: Acts 1937, c.104, s.12. As amended by P.L.252-1985, SEC.257.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-13. Examination of Company; Appointment of Examiners; Report of Examination

Sec. 13. (a) The department may examine into the affairs of any such company doing business in this state under the provisions of this chapter. For such purpose it may appoint as examiners competent persons, and upon such examination the commissioner, his deputy, or any examiner authorized by him may examine under oath the officers and agents of such company and all persons deemed to have material information regarding the company's property or business. Every such company, its officers, and agents shall produce at the office of the company where the same are kept, its books and all papers in its or their possession relating to its business or affairs, and any other person may be required to produce any book or paper in his custody relevant to the examination for the inspection of the commissioner, his deputy, or examiners whenever required, and the officers and agents of such company shall facilitate such examination and aid the examiners in making the same so far as it is within their power to do so.
(b) Upon the conclusion of such examination a full, true, and detailed report of such company shall be made to the department, by the person or persons making the examination, in such form as the department may prescribe.
Formerly: Acts 1937, c.104, s.13. As amended by P.L.252-1985, SEC.258.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-14. Annual Financial Statement; Effect of Certification by Certified Public Accountant

Sec. 14. (a) Every such company doing business in this state shall file with the department on or before March 15 in each year a financial statement for the year ending December 31 immediately preceding on forms furnished by the department. Such statement shall include a showing that the sum of ten percent (10%) of all actual premiums received by such company, on account of such title insurance business, during the year ending on December 31 prior thereto, as required by section 9 of this chapter, has been duly set apart and is held by such company in said title insurance reserve fund or is held on deposit by the department as provided in section 9 of this chapter. Such statement shall be verified by the oaths of the president or a vice president and the secretary or an assistant secretary.
(b) If the annual statement, as required by this section, shall be certified to by a certified public accountant, then such statement shall be prima facie evidence of the facts stated therein, and the department may in its discretion accept such certified statements in lieu of an examination under this chapter.
Formerly: Acts 1937, c.104, s.14. As amended by P.L.252-1985, SEC.259.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-15. Collection of Charges, Fees, and Taxes; Disposition

Sec. 15. The department shall collect the charges, fees and taxes provided for in this section, and give proper acquittances for the collection, and on or before the end of every calendar month shall pay into the state treasury the amounts collected by it during such month, as follows:
Fees. Domestic Companies: Every domestic company shall pay to the department the following stipulated fees: For filing annual statement, twenty dollars ($20); for license to such company, and for each renewal of the license, five dollars ($5); and for affixing seal or certifying to any paper, one dollar ($1). The department may require payment of fees on or before the first day of the month next after the same are chargeable.
Fees. Foreign Companies: Every such foreign company shall pay to the department the following stipulated fees: For filing annual statement, twenty dollars ($20); for license to such company, and for each annual renewal of the license, five dollars ($5); for filing withdrawal and cancellation of certificate, twenty dollars ($20); and for affixing seal or certifying to any paper, one dollar ($1).
Formerly: Acts 1937, c.104, s.15. As amended by P.L.136-2018, SEC.184.