reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 28. Notice of Material Change › 27-2-28-8. Written Notice by Insurer of Material Change

Sec. 8. (a) An insurer that makes a material change to an insured's personal automobile or homeowner's policy shall provide a written notice to the insured that:
(1) explains the principal factors for the material change; or
(2) states that the insured has a right to request and obtain an explanation of the principal factors for the material change.
(b) An insured who receives a notice of a material change described in subsection (a)(2) may submit to the insurer a written request for an explanation of the principal factors for the material change.
(c) Upon receiving a request for an explanation under subsection (b), the insurer shall provide written notice to the insured explaining the principal factors for the material change.
(d) An insurer shall provide a copy of a written notice provided under subsection (a)(1) or (c):
(1) to the insurance producer, if any, who:
(A) represented:
(i) the insured in obtaining coverage from the insurer; or
(ii) the insurer in regard to the providing of coverage to the insured; and
(B) is not an employee, an exclusive agent, or a captive agent of the insurer; and
(2) to the insurer's reporting portal for agent communications.
(e) A written notice provided under subsection (a) or (c), or a written request submitted under subsection (b), must be provided by:
(1) first class mail; or
(2) electronic delivery as set forth in IC 27-1-43.
As added by P.L.226-2023, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 28. Notice of Material Change › 27-2-28-9. Requirements Applying to Notice of Material Change

Sec. 9. (a) A written notice provided under section 8(a)(1) or 8(c) of this chapter:
(1) must:
(A) be sufficiently clear; and
(B) use language sufficiently specific;
to enable the insured to identify the basis for the insurer's decision to make the material change;
(2) must include a description of the principal factors most heavily weighed by an insurer in making a material change, listed in no particular order; and
(3) may provide a point of contact through which the insured may discuss the reasons for the material change.
(b) A statement that:
(1) the material change is based on the insurer's internal standards, policies, or models;
(2) the insured failed to achieve a particular score on the insurer's scoring system; or
(3) contains generalized terms, such as "poor credit history", "poor credit rating", or "poor insurance score";
does not meet the requirements set forth in subsection (a).
(c) This section does not require the disclosure of factors that are otherwise disclosed to the insured.
As added by P.L.226-2023, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 28. Notice of Material Change › 27-2-28-10. Requirements of Chapter Are in Addition to Other Requirements

Sec. 10. The requirements set forth in this chapter:
(1) do not replace; and
(2) are in addition to;
the requirements under IC 27-7-6 and IC 27-7-12.
As added by P.L.226-2023, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 28. Notice of Material Change › 27-2-28-12. Adoption of Rules

Sec. 12. (a) The commissioner shall adopt rules under IC 4-22-2 to implement this chapter.
(b) The rules adopted under subsection (a) must include monetary penalties for a violation of this chapter that are consistent with other penalties assessed for similar violations under this title.
(c) The commissioner is solely responsible for the enforcement of this chapter.
As added by P.L.226-2023, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 29. Transition From Affordable Care Act to Medicare › 27-2-29-1. "Affordable Care Act"

Sec. 1. As used in this chapter, "Affordable Care Act" refers to the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152).
As added by P.L.226-2023, SEC.21.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 29. Transition From Affordable Care Act to Medicare › 27-2-29-2. "Health Maintenance Organization"

Sec. 2. As used in this chapter, "health maintenance organization" has the meaning set forth in IC 27-13-1-19.
As added by P.L.226-2023, SEC.21.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 29. Transition From Affordable Care Act to Medicare › 27-2-29-3. "Insurer"

Sec. 3. As used in this chapter, "insurer" has the meaning set forth in IC 27-1-2-3(x).
As added by P.L.226-2023, SEC.21.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 29. Transition From Affordable Care Act to Medicare › 27-2-29-4. "Marketplace Plan"

Sec. 4. As used in this chapter, "Marketplace plan" means:
(1) a policy of accident and sickness insurance;
(2) a health maintenance organization contract; or
(3) an exclusive provider organization plan, point of service plan, preferred provider organization plan, or any other plan or program;
that is a qualified health plan available from a marketplace under the Affordable Care Act.
As added by P.L.226-2023, SEC.21.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 29. Transition From Affordable Care Act to Medicare › 27-2-29-5. "Policy of Accident and Sickness Insurance"

Sec. 5. As used in this chapter, "policy of accident and sickness insurance" means a policy or contract providing one (1) or more of the kinds of insurance described in Class 1(b) or 2(a) of IC 27-1-5-1.
As added by P.L.226-2023, SEC.21.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 29. Transition From Affordable Care Act to Medicare › 27-2-29-6. "Qualified Health Plan"

Sec. 6. As used in this chapter, "qualified health plan" has the meaning set forth in Section 1301 of the Affordable Care Act, 42 U.S.C. 18021.
As added by P.L.226-2023, SEC.21.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 29. Transition From Affordable Care Act to Medicare › 27-2-29-7. Written Notice of Approaching Medicare Eligibility

Sec. 7. (a) An insurer or health maintenance organization that provides coverage under a Marketplace plan shall provide to each individual covered under the Marketplace plan, not earlier than six (6) months and not later than two (2) months before the birthday on which the individual will become sixty-five (65) years of age, a written notice that includes the following:
(1) A statement that the individual may be eligible to enroll in Medicare during the individual's initial enrollment period, which begins three (3) months before the individual becomes sixty-five (65) years of age. The department of insurance shall provide language for the statement required by this subdivision in a bulletin issued under subsection (c).
(2) Detailed instructions that the individual may follow to cancel the individual's Marketplace plan before the individual becomes covered under Medicare, so that there is no overlap between the individual's Marketplace plan coverage and the individual's Medicare coverage.
(b) A written notice described in subsection (a) shall be sent:
(1) by first class mail in the form of a letter addressed to the individual at the address of the individual's residence; or
(2) by electronic notification.
(c) The department of insurance:
(1) shall issue an initial bulletin setting forth language for the statement required by subsection (a)(1); and
(2) whenever the department of insurance revises the language described in subdivision (1), shall issue a bulletin setting forth the revised language.
As added by P.L.226-2023, SEC.21.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 1. Exchange of Securities › 27-3-1-1. Construction and Application

Sec. 1. This chapter shall be supplemental to IC 27-1. All provisions of IC 27-1 shall be fully and completely applicable to this chapter in the same manner as if the provisions of this chapter had been an original part of IC 27-1; provided, that the provisions of this chapter shall be controlling in the event there exists any conflict between the provisions of this chapter and the provisions of IC 27-1.
Formerly: Acts 1967, c.61, s.1. As amended by P.L.252-1985, SEC.138.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 1. Exchange of Securities › 27-3-1-2. Authority to Adopt Plan of Exchange

Sec. 2. Any domestic stock insurance company (referred to in this chapter as the "domestic company") may adopt a plan of exchange providing for the exchange by its shareholders of their stock in the domestic company for:
(i) shares of stock issued by any other stock insurance corporation organized or reorganized under the provisions of IC 27-1 or any statute enacted prior to March 8, 1935, or any stock corporation organized under the provisions of IC 23-1 or any foreign stock corporation (such other corporation is referred to in this chapter as the "acquiring corporation");
(ii) other securities issued by the acquiring corporation;
(iii) cash;
(iv) other consideration; or
(v) any combination of such stock, such other securities, cash, or other consideration.
Formerly: Acts 1967, c.61, s.2. As amended by P.L.252-1985, SEC.139.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 1. Exchange of Securities › 27-3-1-4. Filing; Time Plan Becomes Effective

Sec. 4. Not earlier than thirty-one (31) days after the date of the meeting of shareholders of the domestic company at which the plan of exchange was approved by such shareholders, a certificate setting forth the plan of exchange, the manner of the approval thereof by the directors of the acquiring corporation and the domestic company and the manner of its adoption and the vote by which adopted by the shareholders of the domestic company or setting forth that the plan of exchange has been abandoned shall be signed on behalf of each such corporation by its president or a vice-president and shall then be presented in triplicate to the department at its office for filing. The department shall file one (1) copy of such certificate in its offices and shall deliver copies bearing the date and time of filing endorsed thereon to the domestic company and the acquiring corporation. Upon the filing of such certificate, the plan of exchange and the issuance and exchange provided for therein shall become effective, unless a later date and time is specified in the plan of exchange, in which event the plan of exchange and the issuance and exchange provided for therein shall become effective upon such later date and time.
Formerly: Acts 1967, c.61, s.4.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 1. Exchange of Securities › 27-3-1-5. Vesting of Title to Shares Without Physical Transfer or Deposit of Certificates; Rights Represented by Outstanding Certificates

Sec. 5. (a) Upon the plan of exchange becoming effective, the exchange provided for therein shall be deemed to have been consummated, each shareholder of the domestic company shall cease to be a shareholder of such company, the ownership of all shares of the issued and outstanding stock of the domestic company, except shares payment of the value of which is required to be made by the domestic company or the acquiring corporation pursuant to section 3 of this chapter, shall vest in the acquiring corporation automatically without any physical transfer or deposit of certificates representing such shares, and all shares payment of the value of which is required to be made by the domestic company or the acquiring corporation pursuant to section 3 of this chapter shall be deemed no longer outstanding shares of the domestic company. The acquiring corporation shall thereupon become the sole shareholder of the domestic company and shall have all of the rights, privileges, immunities, and powers and, except as otherwise provided in this chapter, shall be subject to all of the duties and liabilities to the extent provided by law of a shareholder of an insurance company organized or reorganized under IC 27-1 or any statute enacted prior to March 8, 1935.
(b) Certificates representing shares of the domestic company prior to the plan of exchange becoming effective, except certificates representing shares payment of the value of which is required to be made pursuant to section 3 of this chapter and bearing a notation thereon that objection and demand pursuant to such section have been made, shall, after the plan of exchange becomes effective, represent:
(i) shares of the issued and outstanding capital stock or other securities issued by the acquiring corporation; and
(ii) the right, if any, to receive such cash or other consideration upon such terms as shall be specified in the plan of exchange;
provided, that the plan of exchange may specify that all certificates representing shares of stock of the domestic company, except certificates representing shares payment of the value of which is required to be made pursuant to section 3 of this chapter, shall after the plan of exchange becomes effective represent only the right to receive shares of stock or other securities issued by the acquiring corporation or cash or other consideration or any combination thereof upon such terms as shall be specified in the plan of exchange. Certificates representing shares of the domestic company with respect to which an objection and demand have been made pursuant to section 3 of this chapter and bearing a notation thereon that such objection and demand have been made, shall, after the plan of exchange becomes effective, represent only the right to receive payment therefor, subject to the provisions of this chapter.
Formerly: Acts 1967, c.61, s.5. As amended by P.L.252-1985, SEC.141.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 1. Exchange of Securities › 27-3-1-6. Effect of Acquisition on Insurance Business Conducted

Sec. 6. Nothing contained in this chapter shall be construed to authorize any insurance company to engage in any kind or kinds of insurance business not authorized by its articles of incorporation, or to authorize any acquiring corporation which is not an insurance company to engage directly in the business of insurance. Subsequent to the effective date of the plan of exchange, the insurance department, pursuant to the authority vested in it by IC 27-1-3-7 and IC 27-1-3.1 and having regard to the findings stated in section 3(b) of this chapter, shall have the authority to require that the affairs of the domestic company be conducted in such manner as to assure the continuing safe conduct and transaction of the domestic company's business of insurance.
Formerly: Acts 1967, c.61, s.7. As amended by P.L.252-1985, SEC.142; P.L.26-1991, SEC.25.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 1. Exchange of Securities › 27-3-1-7. Continuation of Domestic Corporation and Acquiring Corporation as Separate Entities

Sec. 7. The domestic company and the acquiring corporation shall in all respects stand before the law as separate and distinct corporations, with neither of such corporations having any liability to the creditors, policyholders, if any, or shareholders of the other, any acts or omissions of the officers, directors, or shareholders of either or both of such corporations notwithstanding.
Formerly: Acts 1967, c.61, s.8.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 2. Assessment Plans─reorganization Into Stock Companies › 27-3-2-1. Authority to Issue Stock

Sec. 1. Any insurance company organized and doing business under the laws of this state on what is known as the assessment plan, and having more than one thousand (1,000) members, and a reserve fund of not less than one hundred thousand dollars ($100,000), is authorized, subject to the limitations set forth in this chapter, to issue stock in shares of fifty dollars ($50) each, to an amount of not less than one hundred thousand (100,000) nor more than five hundred thousand dollars ($500,000), and to receive subscriptions for the stock.
Formerly: Acts 1895, c.158, s.1. As amended by P.L.136-2018, SEC.169.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 2. Assessment Plans─reorganization Into Stock Companies › 27-3-2-2. Notice of Meeting; Vote of Members

Sec. 2. Before issuing any stock as provided in section 1 of this chapter, such company shall, at least four (4) weeks before the meeting provided for in this chapter, cause a printed notice of the time, place, and purpose of such meeting to be mailed to each of its members, and shall cause public notice to be given by publication thereof, at least once a week, for four (4) weeks, in a newspaper of general circulation in the county wherein is located the principal office of said company, that the proposal to issue stock in pursuance of this act, will be submitted to the members of such company at a meeting to be held at a time and place to be named in such notice. If, after due mailing and publication of such notice, two-thirds (2/3) of all the members (present at such meeting), either in person or by proxy, shall vote in favor of a proposal to issue stock as aforesaid, then the authority conferred by section 1 of this chapter, shall take effect, and subscription books may be opened.
Formerly: Acts 1895, c.158, s.2. As amended by P.L.252-1985, SEC.143.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 2. Assessment Plans─reorganization Into Stock Companies › 27-3-2-3. Subscription Rights

Sec. 3. Every person who is a member of such company on the day of such meeting shall, for thirty (30) days after the opening of subscription books as aforesaid, be entitled to subscribe to that proportionate number of shares of the capital stock, agreed upon to be issued, which the premium note or notes owing by such member and held by such company on unexpired policies, in force on the day of such meeting aforesaid, shall bear to the entire amount of such notes then held by such company, and upon the payment of such subscription, said note or notes shall be canceled and delivered to such members. If at the end of thirty (30) days from the opening of subscription books, the full amount of the capital stock designated has not been subscribed under the provisions of this section, then other subscriptions may be received, to be paid for as the directors of said company may require within eighteen (18) months.
Formerly: Acts 1895, c.158, s.3.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 2. Assessment Plans─reorganization Into Stock Companies › 27-3-2-4. By-Laws; Directors

Sec. 4. When all the stock shall have been subscribed to as provided in this chapter, the stockholders shall adopt by-laws for the government of such company not inconsistent with the laws of the state of Indiana, naming in the by-laws the number of directors, which shall not be less than seven (7) nor more than thirteen (13), who shall manage the affairs of said company, and shall at once elect the new directors for the ensuing year, a majority of whom constitute a quorum for the transaction of business.
Formerly: Acts 1895, c.158, s.4. As amended by P.L.136-2018, SEC.170.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 2. Assessment Plans─reorganization Into Stock Companies › 27-3-2-5. Certificate of Incorporation; Body Corporate; Deposit of Securities; Change of Deposited Securities

Sec. 5. And thereupon, when all of said stock shall have been subscribed, a statement shall be filed with the secretary of state, and that officer shall give to such company a certificate of incorporation under his seal of office, declaring the corporate name of such company, the amount of capital stock, and the amount of securities deposited with the auditor of state, as hereinafter provided, the names of the directors who are to conduct the business of the company for the first year, and henceforth upon the payment to such officer of the fee provided by law to be paid for the incorporation of joint stock companies; and said company shall then become a body corporate, with the power and authority to sue and be sued as such, in any proper court, and such company may carry on the business of insuring property against loss or damage by fire, in a manner not inconsistent with the laws of this state, as a stock company: Provided, however, That before such company shall issue any policies of insurance, such company shall deposit in the office of the auditor of state of Indiana, stocks, bonds or notes to be approved by said auditor, to the amount of twenty-five per cent (25%) of the capital stock of said company, the interest on which is to be paid to said company: Provided, That the securities so held may be replaced by other securities to be first approved by said auditor, when by reason of their maturity or other good cause, it shall seem necessary or proper for the best interest of such company to replace them.
Formerly: Acts 1895, c.158, s.5.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 2. Assessment Plans─reorganization Into Stock Companies › 27-3-2-6. Officers; Election; Bond

Sec. 6. Said directors shall, upon the receipt by the company of said certificate of incorporation, immediately elect a president, vice-president, secretary and treasurer from their number, who shall be sworn to perform faithfully the duties of their respective offices, and who shall give bond for a sum and in a manner to be prescribed in the by-laws of such company.
Formerly: Acts 1895, c.158, s.6.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 2. Assessment Plans─reorganization Into Stock Companies › 27-3-2-7. Option to Discontinue Writing Insurance on Mutual or Assessment Plan

Sec. 7. It shall not be obligatory upon any company, after the issuing of stock as aforesaid, to accept applications for insurance upon the mutual or assessment plan.
Formerly: Acts 1895, c.158, s.7.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 2. Assessment Plans─reorganization Into Stock Companies › 27-3-2-8. Treatment of Assets

Sec. 8. No part of the assets now possessed by such company, or that shall be possessed at the time of the meeting at which it is determined to issue stock, or which may be acquired in the interim, shall be divided among the members of such company, or be expended, except for the ordinary disbursements of such company made in the usual course of its business, including losses incurred upon its policies, but such assets shall remain and constitute as heretofore a fund in the hands of such company for the security of the holders of its policies.
Formerly: Acts 1895, c.158, s.8.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 2. Assessment Plans─reorganization Into Stock Companies › 27-3-2-9. Annual Report

Sec. 9. Such company shall, by its board of directors make a report, upon the first day of January of each year, of the condition of stock, showing the amount of capital stock, the number and amount of policies issued, the nature and kind of risks taken, the losses sustained, and the assets of every nature on hand or belonging to the company, which report shall be signed and sworn to by a majority of the directors of such company and published in a newspaper of general circulation in the county in which the company shall have its principal office.
Formerly: Acts 1895, c.158, s.9.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 3. Acquisition of Certain Minority Interests in Subsidiary Domestic Stock Insurance Companies › 27-3-3-1. Definitions

Sec. 1. As used in this chapter:
(a) "Commissioner" means the insurance commissioner of this state.
(b) "Domestic insurer" means a stock insurance company organized under the laws of this state.
(c) "Parent corporation" means a corporation organized for any purpose under the laws of this state or any other jurisdiction that owns, directly or indirectly, at least ninety percent (90%) of the issued and outstanding voting stock of a domestic insurer.
(d) "Subsidiary insurer" means a domestic insurer, at least ninety percent (90%) of the issued and outstanding voting stock of which is owned by a parent corporation.
(e) "Voting stock" means shares issued by a domestic insurer, the record holders of which are entitled to vote at each election of directors of the domestic insurer, and securities convertible into or evidencing a right to acquire the shares.
Formerly: Acts 1973, P.L.278, SEC.1. As amended by P.L.245-1989, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 3. Acquisition of Certain Minority Interests in Subsidiary Domestic Stock Insurance Companies › 27-3-3-4. Parent and Subsidiary as Separate Corporations

Sec. 4. Notwithstanding a plan of acquisition effected pursuant to this chapter, the parent corporation and its subsidiary insurer shall in all respects stand before the law as separate and distinct corporations, with neither of the corporations having any liability to the creditors, policyholders, if any, or shareholders of the other, notwithstanding any actions or omissions of the officers, directors, or shareholders of either or both of the corporations.
Formerly: Acts 1973, P.L.278, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 3. Consolidations and Reorganization › Chapter 3. Acquisition of Certain Minority Interests in Subsidiary Domestic Stock Insurance Companies › 27-3-3-5. Application of Chapter

Sec. 5. The method authorized by this chapter for acquiring voting stock of a subsidiary insurer is not exclusive, but is in addition to any other lawful method for the acquisition of such voting stock.
Formerly: Acts 1973, P.L.278, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-1. Purpose

Sec. 1. The purpose of this chapter is to regulate the trade practices in the business of insurance, in accordance with the intent of Congress as expressed in 15 U.S.C. 1011 et seq., by defining, or providing for the determination of, all such practices which constitute in this state unfair methods of competition and unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.
Formerly: Acts 1947, c.112, s.1. As amended by P.L.252-1985, SEC.144.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-2. Definitions

Sec. 2. When and as used in this chapter:
(a) The term "person" shall mean any individual, corporation, company including any farm mutual insurance company, association, partnership, firm, reciprocal exchange, inter-insurer, Lloyds insurers, society, fraternal benefit society, lodge, order, council, corps, and any other association or legal entity, engaged in the business of insurance, including but not in limitation of the foregoing, insurance producers, brokers, solicitors, advisors, auditors, and adjusters.
(b) "Department" shall mean the department of insurance of this state created and defined as a department in the state government of the state of Indiana by IC 27-1.
(c) "Commissioner" shall mean the insurance commissioner of this state appointed pursuant to, and on and in whom the powers, duties, management, and control of the department are conferred and vested by, the provisions of IC 27-1.
Formerly: Acts 1947, c.112, s.2. As amended by P.L.252-1985, SEC.145; P.L.129-2003, SEC.7; P.L.178-2003, SEC.34.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-3. Prohibited Use of Unfair Methods of Competition and Deceptive Acts or Practices

Sec. 3. No person shall engage in this state in any trade practice which is defined in this chapter or determined pursuant to this chapter as an unfair method of competition or as an unfair or deceptive act or practice in the business of insurance as defined in IC 27-1-2-3.
Formerly: Acts 1947, c.112, s.3. As amended by P.L.252-1985, SEC.146.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-4.5. Enumeration of Unfair Claim Settlement Practices

Sec. 4.5. The following are unfair claim settlement practices:
(1) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue.
(2) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies.
(3) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies.
(4) Refusing to pay claims without conducting a reasonable investigation based upon all available information.
(5) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed.
(6) Not attempting in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear.
(7) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds.
(8) Attempting to settle a claim for less than the amount to which a reasonable individual would have believed the individual was entitled by reference to written or printed advertising material accompanying or made part of an application.
(9) Attempting to settle claims on the basis of an application that was altered without notice to or knowledge or consent of the insured.
(10) Making claims payments to insureds or beneficiaries not accompanied by a statement setting forth the coverage under which the payments are being made.
(11) Making known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration.
(12) Delaying the investigation or payment of claims by requiring an insured, a claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information.
(13) Failing to promptly settle claims, where liability has become reasonably clear, under one (1) portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
(14) Failing to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.
(15) In negotiations concerning liability insurance claims, ascribing a percentage of fault to a person seeking to recover from an insured party, in spite of an obvious absence of fault on the part of that person.
(16) The unfair claims settlement practices defined in IC 27-4-1.5.
As added by P.L.259-1983, SEC.2. Amended by P.L.271-1987, SEC.6; P.L.194-1991, SEC.1; P.L.203-2001, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-5. Statement of Charges; Notice and Hearing; Intervention

Sec. 5. (a) Whenever the commissioner shall have reason to believe that any such person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice defined in section 4 of this chapter and that a proceeding by him in respect thereto would be to the interest of the public, he shall issue and cause to be served upon such person a statement of the charges in that respect and a notice in writing of a hearing thereon to be held under IC 4-21.5-3.
(b) Whenever the hearing involves the claim, averment, or complaint of, or made by, a person who is not an investigator, deputy, examiner, or other employee of the department, a copy of the substance of such claim, averment, or complaint shall be included in or exhibited with such notice. The commissioner and department shall afford all interested persons or parties the right and opportunity for the settlement or adjustment of all claims, controversies, and issues when such persons or parties shall join in a request in writing for such opportunity.
Formerly: Acts 1947, c.112, s.5. As amended by P.L.252-1985, SEC.147; P.L.7-1987, SEC.145.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-5.5. Repealed

As added by P.L.121-1990, SEC.3; P.L.149-1990, SEC.1. Repealed by P.L.1-1991, SEC.165.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-5.6. Unfair Claim Settlement Practice Complaint; Response; Investigation; Report; Notice of Remedies

Sec. 5.6. (a) A person who:
(1) has submitted a claim to an insurer under an insurance policy; and
(2) believes that an unfair claim settlement practice described in section 4.5 of this chapter has been committed in connection with the claim;
may file a complaint with the commissioner.
(b) A complaint may not be filed under subsection (a) by a public adjuster (as defined in IC 27-1-27-1) on behalf of a person described in subsection (a) unless the person described in subsection (a) has given written consent for the public adjuster to file the complaint on the person's behalf.
(c) If the commissioner believes an unfair claim settlement practice has occurred, the commissioner shall, within ten (10) business days from the date of receipt of a written complaint, deliver a copy of the complaint to the insurer and shall respond in writing to the complaining party, at the address provided in the complaint, advising the party of the following:
(1) The specific action taken by the department on the complaint.
(2) Any further investigations or other actions that are intended by the department.
(d) An insurer who receives a written notice of complaint under subsection (c) shall promptly conduct an investigation of the matters alleged in the complaint. Within twenty (20) business days from the date of receipt of the complaint, the insurer shall provide to the commissioner and the complaining party a written report containing the following information:
(1) The specific reasons for actions taken by the insurer with respect to the claim.
(2) The specific reasons for any inaction by the insurer with respect to the claim.
(3) If the claim has not been settled, a good faith estimate of the time required for settlement.
(e) An insurer who commits an unfair claims settlement practice or who fails to comply with this section is subject to action by the commissioner under section 6 of this chapter.
(f) Each insurer shall provide to each current policyholder a one (1) time written notice of the remedies provided under this section. Future policyholders shall be notified by the insurer at the time the insurance policy is issued.
As added by P.L.1-1991, SEC.166. Amended by P.L.226-2023, SEC.22.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-6. Cease and Desist Order; Penalties

Sec. 6. (a) If after a hearing under IC 4-21.5-3, the commissioner determines that the method of competition or the act or practice in question is defined in section 4 of this chapter and that the person complained of has engaged in such method of competition, act, or practice in violation of this chapter, he shall reduce his findings to writing and shall issue and cause to be served on the person charged with the violation an order requiring such person to cease and desist from such method of competition, act, or practice, and the commissioner may at his discretion order one (1) or more of the following:
(1) Payment of a civil penalty of not more than twenty-five thousand dollars ($25,000) for each act or violation. If the person knew or reasonably should have known that he was in violation of this chapter, the penalty may be not more than fifty thousand dollars ($50,000) for each act or violation.
(2) Suspension or revocation of the person's license, or certificate of authority, if he knew or reasonably should have known he was in violation of this chapter.
(b) In determining the amount of a civil penalty under subsection (a)(1), the commissioner shall consider the remediation efforts undertaken by the person.
(c) All civil penalties imposed and collected under this section shall be deposited in the state general fund.
Formerly: Acts 1947, c.112, s.6. As amended by P.L.259-1983, SEC.3; P.L.7-1987, SEC.146; P.L.121-1990, SEC.4; P.L.149-1990, SEC.2; P.L.203-2001, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-7. Judicial Review; Civil Enforcement Orders

Sec. 7. (a) Any person required by an order of the commissioner under section 6 of this chapter to cease and desist from engaging in any unfair method of competition or any unfair or deceptive act or practice defined in section 4 of this chapter may obtain judicial review of such order under IC 4-21.5-5.
(b) The commissioner may file a petition for civil enforcement of an order under IC 4-21.5-6.
Formerly: Acts 1947, c.112, s.7. As amended by P.L.252-1985, SEC.148; P.L.7-1987, SEC.147.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-8. Determination of Additional Methods of Unfair Competition or Deceptive Acts or Practices; Notice and Hearing

Sec. 8. Whenever the commissioner shall have reason to believe that any person engaged in the business of insurance is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined in section 4 of this chapter, that such method of competition is unfair, or that such act or practice is unfair or deceptive, and that a proceeding by him in respect thereto would be to the interest of the public, he may issue and cause to be served upon such person a statement of the charges in that respect and a notice of a hearing thereon. Each such hearing shall be conducted under IC 4-21.5-3 in the same manner as the hearings provided for in section 5 of this chapter.
Formerly: Acts 1947, c.112, s.8. As amended by P.L.252-1985, SEC.149; P.L.7-1987, SEC.148.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-9. Judicial Review

Sec. 9. Any party to a proceeding under this chapter, including any intervenor, may obtain judicial review under IC 4-21.5-5.
Formerly: Acts 1947, c.112, s.9. As amended by P.L.252-1985, SEC.150; P.L.7-1987, SEC.149.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-10. Application of Other Laws

Sec. 10. No order of the commissioner under this chapter or judgment of a court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other statute of this state.
Formerly: Acts 1947, c.112, s.10. As amended by P.L.252-1985, SEC.151.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-11. Foreign or Alien Insurer's Unfair Competition or Unfair or Deceptive Practice by Periodical or Radio; Notice to Supervisory Official of Domiciliary State

Sec. 11. If any foreign or alien insurer engages in this state in an unfair method of competition or in an unfair or deceptive practice as defined in section 4(1) or 4(2) of this chapter by means of any advertisement, announcement, or statement, in any magazine or other periodical publication having a general circulation in more than five (5) states, or by means of any radio broadcast to more than five (5) states, including the state of domicile of such insurer, and if the laws of the state where such insurer is domiciled make provision for enjoining of such method of competition or practice, it shall be the duty of the commissioner to advise the insurance supervisory official of such domiciliary state of the violation in order that he may take appropriate action, but the commissioner shall have no authority to proceed, with respect to such violation, under either section 5 or 8 of this chapter. For the purpose of this section the domiciliary state of an alien insurer shall be deemed to be its state of entry, or the state of the principal office in the United States.
Formerly: Acts 1947, c.112, s.11. As amended by P.L.252-1985, SEC.152.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-12. Violations; Penalties

Sec. 12. Any person who violates a cease and desist order of the commissioner under section 6 of this chapter, or an order of the court under IC 4-21.5, after it has become final, and while such order is in effect, may, after notice and hearing under IC 4-21.5 and upon order of the commissioner, be subject at the discretion of the commissioner to one (1) or more of the following:
(1) A civil penalty of not more than twenty-five thousand dollars ($25,000) for each act or violation.
(2) Suspension or revocation of the person's license or certificate of authority.
Formerly: Acts 1947, c.112, s.12. As amended by P.L.259-1983, SEC.4; P.L.7-1987, SEC.150; P.L.121-1990, SEC.5; P.L.149-1990, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-13. Cumulative Powers and Remedies

Sec. 13. The powers vested in the commissioner and the department by this chapter shall be additional to any other powers to enforce any penalties or forfeitures authorized by law with respect to the methods, acts, and practices declared hereby to be unfair or deceptive.
Formerly: Acts 1947, c.112, s.13. As amended by P.L.252-1985, SEC.153.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-14. Repealed

Formerly: Acts 1947, c.112, s.14. As amended by P.L.252-1985, SEC.154. Repealed by P.L.7-1987, SEC.151.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-15. Enforcement; Additional Personnel

Sec. 15. (a) For the purpose of maintaining the affirmative, active, and definite administration of the provisions of this chapter, the commissioner, with the approval of the governor, may appoint such additional actuaries, agents, deputies, examiners, assistants, stenographers, reporters, and other employees in the department as may be found necessary to carry out the provisions of this chapter. Except as otherwise provided in this chapter, such additional deputies, examiners, assistants, reporters, and employees so appointed shall be chosen for their fitness, either professional or practical, as the nature of the position may require, irrespective of their political beliefs or affiliations. The technical or professional qualifications of any applicant shall be determined by examination, professional rating, or otherwise, as the commissioner with the approval of the governor may determine. Subject to the approval of the governor and the state budget director, the salaries of such additional actuaries, agents, deputies, examiners, assistants, stenographers, reporters, and other employees shall be fixed by the commissioner. Any actuary agent, deputy, examiner, assistant, stenographer, or employee so employed may be removed at any time by the commissioner.
(b) In the absence of the commissioner, he may, by written order, designate a deputy to conduct any hearing, and, in such case, such deputy commissioner shall possess and may exercise all powers of the commissioner with respect to the matter in hearing.
(c) Neither the commissioner nor any actuary, deputy, examiner, assistant, or employee in the department shall be liable in their individual capacity, except to the state of Indiana, for any act done or omitted in connection with the performance of their respective duties under the provisions of this chapter.
Formerly: Acts 1947, c.112, s.15. As amended by P.L.252-1985, SEC.155.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-16. Inapplicable Laws

Sec. 16. No provision of IC 4-22-2 shall be construed to apply to any hearings held or proceedings had pursuant to the provisions of this chapter.
Formerly: Acts 1947, c.112, s.16. As amended by P.L.252-1985, SEC.156.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-17. Construction and Application

Sec. 17. (a) This chapter shall be, and shall be construed as being, in addition to IC 27-1, and in addition to IC 27-7-2, and in addition to any and all statutes supplemental to either, and in addition to any and all other laws of the state of Indiana concerning insurance or the business of insurance, whether enacted at any time in the 1947 regular session or at any preceding session of the general assembly of the state of Indiana.
(b) Whereas certain unlawful practices are set forth in other insurance statutes of the state of Indiana which unlawful practices are similar or identical to those enumerated in section 4 of this chapter and are characterized in other insurance statutes as criminal in nature, it is deemed desirable to retain the criminal penalties imposed by other insurance statutes; for that purpose, nothing contained in this chapter shall be construed to repeal, amend, or otherwise to affect in any way IC 27-1, IC 27-7-2, or any other law of the state of Indiana concerning insurance or the business of insurance whether enacted at any time in the 1947 regular session or at any preceding session of the general assembly of the state of Indiana, it being the intent of this chapter to provide additional administrative remedies for the purpose of controlling unfair methods of competition and unfair and deceptive acts and practices in and affecting the business of insurance.
(c) Nothing in this chapter shall be construed as exempting or excepting from the provisions of this chapter any person engaged in the business of insurance in this state, except as in this chapter otherwise expressly provided.
Formerly: Acts 1947, c.112, s.18. As amended by P.L.252-1985, SEC.157.