reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-18. Causes of Action Created

Sec. 18. This article does not create a cause of action other than an action by:
(1) the commissioner to enforce his order; or
(2) a person, as defined in section 1 of this chapter, to appeal an order of the commissioner.
As added by P.L.259-1983, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1. Unfair Competition; Unfair or Deceptive Acts and Practices › 27-4-1-19. Annual Report of Consumer Complaints

Sec. 19. (a) The commissioner shall, on an annual basis and in a manner determined by the commissioner, publish figures and produce a report containing the following information:
(1) The ratio of valid consumer complaints lodged against each company weighted by the direct premiums earned in Indiana by each company.
(2) A separate listing of any company determined by the commissioner to have committed a practice that is designated an unfair claim settlement practice under section 4.5 of this chapter if the practice is committed flagrantly and in conscious disregard of section 4.5 of this chapter or if the practice is committed with a frequency that indicates a general business practice.
(3) Any enforcement action taken by the commissioner as a result of a practice described in subdivision (2).
(b) The commissioner shall provide a copy of the report required under subsection (a) to the house of representatives and senate committees of the general assembly that are assigned responsibility for insurance issues.
As added by P.L.121-1990, SEC.6 and P.L.149-1990, SEC.4. Amended by P.L.203-2001, SEC.9.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-0.1. Application of Chapter

Sec. 0.1. The addition of this chapter by P.L.194-1991 applies to the repair of motor vehicles under insurance policies issued or renewed after June 30, 1991.
As added by P.L.220-2011, SEC.430.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-1. "Body Part" Defined

Sec. 1. (a) As used in this chapter, "body part" means a replacement for any of the nonmechanical sheet metal or plastic parts that generally constitute the exterior of a motor vehicle.
(b) The term includes the inner and outer panels of the body of a motor vehicle.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-2. "Body Shop" Defined

Sec. 2. As used in this chapter, "body shop" means a business that repairs damage to the exterior of motor vehicles.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-3. "Insured" Defined

Sec. 3. As used in this chapter, "insured" means a person who is entitled to the coverage provided by an insurance policy.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-4. "Insurer" Defined

Sec. 4. As used in this chapter, "insurer" has the meaning set forth in IC 27-1-2-3.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-5. "Motor Vehicle" Defined

Sec. 5. As used in this chapter, "motor vehicle" has the meaning set forth in IC 9-13-2-105.
As added by P.L.194-1991, SEC.2. Amended by P.L.1-1992, SEC.150.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-6. "New Body Part" Defined

Sec. 6. As used in this chapter, "new body part" means a body part that has not previously been attached to a motor vehicle.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-7. "Used Body Part" Defined

Sec. 7. As used in this chapter, "used body part" means a body part that has previously been attached to a motor vehicle.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-8. Insurer Notice to Insured; Body Parts to Be Used in Repair

Sec. 8. (a) An insurer that is obligated to pay at least part of the cost of repairing the exterior of a motor vehicle under an insurance policy issued by the insurer may not direct a body shop to repair the motor vehicle until the insurer has presented the insured with a written notice that meets the requirements set forth in subsections (b) and (c).
(b) An insurer described in subsection (a) shall present the insured with a written notice that does the following:
(1) Informs the insured that the insured has a right to approve the type of body parts to be used in the repair of the motor vehicle.
(2) Gives the insured an opportunity, in approving the type of body parts to be used in the repair of the motor vehicle, to select from among the following:
(A) New body parts manufactured by or for the manufacturer of the motor vehicle.
(B) New body parts that were not manufactured by or for the manufacturer of the motor vehicle.
(C) Used body parts.
(c) An insurer described in subsection (a) shall give the insured an opportunity to indicate in writing the type of body part that the insured approves for use in the repair of the motor vehicle.
(d) This section applies only in the five (5) years after the model year of the motor vehicle.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-9. Failure to Give Insured Notice; Unfair Claim Settlement Practice

Sec. 9. An insurer that:
(1) is required to give a written notice to an insured under section 8 of this chapter concerning the repair of a motor vehicle;
(2) does not give the insured a written notice that meets the requirements set forth in section 8(b) of this chapter; and
(3) directs a body shop to repair the motor vehicle;
commits an unfair claim settlement practice under IC 27-4-1-4.5.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-10. Failure to Permit Selection of Body Parts by Insured; Unfair Claim Settlement Practice

Sec. 10. An insurer that:
(1) is subject to the requirement set forth in section 8(c) of this chapter with respect to the repair of a motor vehicle;
(2) does not satisfy this requirement; and
(3) directs a body shop to repair the motor vehicle;
commits an unfair claims settlement practice under IC 27-4-1-4.5.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-11. Direction by Insurer to Use Different Body Parts From Those Directed by Insured; Unfair Claims Settlement Practice

Sec. 11. An insurer that:
(1) under section 8(c) of this chapter gives an insured an opportunity to indicate in writing the type of body part that the insured approves for use in the repair of the motor vehicle; and
(2) directs a body shop to repair the motor vehicle using a type of body part different from the type of body part that the insured approved for use in the repair of the motor vehicle;
commits an unfair claim settlement practice under IC 27-4-1-4.5.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-12. Refusal to Direct Use of or Pay for Body Parts Directed by Insured; Unfair Claim Settlement Practice

Sec. 12. An insurer that:
(1) under section 8(c) of this chapter gives an insured an opportunity to indicate in writing the type of body parts that the insured approves for use in the repair of a motor vehicle; and
(2) refuses to:
(A) pay for; or
(B) direct a body shop to use;
the type of body parts approved by the insured under section 8(c) of this chapter in the repair of the motor vehicle;
commits an unfair claims settlement practice under IC 27-4-1-4.5.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 1.5. Auto Repair Claims Settlement › 27-4-1.5-13. Insurer Duties Performed by Agent or Body Shop

Sec. 13. An act that an insurer is required to perform under this chapter shall be considered to have been performed by the insurer if the act is performed by:
(1) an agent of the insurer; or
(2) a body shop that the insurer directs to repair a motor vehicle.
As added by P.L.194-1991, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 3. Restrictions on Unlawful Insurance Producer Representation › 27-4-3-1. Two or More Companies Coercing or Inducing Insurance Producer to Refrain From Representing Additional Companies

Sec. 1. It is hereby declared unlawful for any two (2) or more insurance companies writing the same class, or classes, of risks and doing business in this state, directly or indirectly, to enter into any arrangement, contract, agreement, understanding, combination or association to require, coerce or induce any insurance producer or representative of any two (2) or more of such insurance companies within the state of Indiana to refrain from representing other such insurance companies, or to afford any advantage to any insurance producer to refrain from representing other such insurance companies or to impose upon the insurance producer any disadvantage by reason of the insurance producer's acting as representative of other such insurance companies.
Formerly: Acts 1937, c.46, s.1. As amended by P.L.178-2003, SEC.36.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 3. Restrictions on Unlawful Insurance Producer Representation › 27-4-3-2. Insurance Producer's Agreement Not to Represent Additional Companies; Exclusive Representation of Single Company

Sec. 2. (a) It is unlawful for any insurance producer representing or acting for two (2) or more insurance companies writing the same class or classes, of risks to enter, either directly or indirectly, into any agreement, arrangement, contract or understanding with one (1) or more of such companies that the insurance producer will refrain from representing any other like company or companies, and it is unlawful for any such insurance company, not having a contract requiring an insurance producer to represent the insurance company alone, in any manner to require, coerce, or induce any insurance producer to refrain from representing any other like company or companies.
(b) This section does not prevent any insurance company or insurance producer from at any time entering into a bona fide contract whereby an insurance producer agrees that the insurance producer will thereafter represent a single company exclusively.
Formerly: Acts 1937, c.46, s.2. As amended by P.L.178-2003, SEC.37.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 3. Restrictions on Unlawful Insurance Producer Representation › 27-4-3-3. Violations; License Suspension; Public Hearing; Appeal

Sec. 3. For violation of any provision of this chapter, the license of the offending company or insurance producer to transact the business of insurance within the state of Indiana shall be suspended for a period of three (3) years. Whenever information of any such violation shall come to the knowledge of the commissioner of insurance, the commissioner shall issue an order fixing a day certain, not more than thirty (30) nor less than twenty (20) days from the making thereof, upon which the offender shall appear and show cause why such penalty should not be enforced, such order specifying with reasonable certainty the violation charged, and if, after hearing, the commissioner shall determine that the company or insurance producer is guilty of such violation, the commissioner shall forthwith suspend the license of the offender for a period of three (3) years. Such hearing shall be public, and at any such hearing any person or corporation having lodged information of such violation with the commissioner shall be entitled to be present and submit evidence. Within thirty (30) days after the suspension of any such license, the insurance producer or company whose license has been suspended may appeal from the ruling of the commissioner of insurance to the circuit or superior court of the county in which the insurance producer resides or in which such company has its principal place of business, and if such company be a foreign insurance company then such appeal may be taken by such company to the circuit or superior court of Marion County.
Formerly: Acts 1937, c.46, s.3. As amended by P.L.252-1985, SEC.158; P.L.178-2003, SEC.38.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 4. Unauthorized Insurers Process Act › 27-4-4-1. Purpose; Legislative Declaration

Sec. 1. (a) The purpose of this chapter is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of the insureds or beneficiaries under insurance contracts.
(b) The general assembly declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers while not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interest, the general assembly provides in this chapter a method of substituted service of process upon such insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this chapter, what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of 15 U.S.C. 1011 et seq., which declares that the business of insurance and every person engaged in the business of insurance is subject to the laws of the several states.
Formerly: Acts 1955, c.203, s.1. As amended by P.L.252-1985, SEC.159; P.L.136-2018, SEC.171.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 4. Unauthorized Insurers Process Act › 27-4-4-2. Definitions

Sec. 2. As used in this chapter and unless a different meaning appears from the context:
(a) The term "insurer" means a company, firm, partnership, association, order, society, or system making any kind or kinds of insurance and shall include associations operating as Lloyds, reciprocal, or interinsurers, or individual underwriters.
(b) The term "unauthorized foreign insurer" means an insurer organized under the laws of, or whose place of domicile is in any state of the United States other than this state or organized under the laws of, or whose place of domicile is in any territory or insular possession of the United States or the District of Columbia, and which insurer is not admitted, authorized, and licensed in accordance with the laws of this state to do and transact the business of insurance in the state of Indiana.
(c) The term "unauthorized alien insurer" means an insurer organized under the laws of, or whose place of domicile is in any country other than the United States or territory or insular possession thereof, or the District of Columbia, and which insurer is not admitted, authorized, and licensed in accordance with the laws of this state to do and transact the business of insurance in the state of Indiana.
Formerly: Acts 1955, c.203, s.2. As amended by P.L.252-1985, SEC.160.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 4. Unauthorized Insurers Process Act › 27-4-4-4. Deposit or Bond; Motion to Quash Service

Sec. 4. (a) Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit, or proceeding instituted against it, such unauthorized insurer shall:
(1) deposit, with the clerk of the court in which such action, suit, or proceeding is pending, cash or securities, or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action; or
(2) procure a certificate of authority to transact the business of insurance in this state.
(b) The court in any action, suit, or proceeding, in which service is made in the manner provided in section 3 of this chapter may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) and to defend such action.
(c) Nothing in subsection (a) is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside service made in the manner provided in section 3 of this chapter on the ground either:
(1) that such unauthorized insurer has not done any of the acts enumerated in section 3(a) of this chapter; or
(2) that the person on whom service was made pursuant to section 3(c) of this chapter was not doing any of the acts enumerated in section 3(c) of this chapter.
Formerly: Acts 1955, c.203, s.4. As amended by P.L.252-1985, SEC.161; P.L.136-2018, SEC.173.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 4. Unauthorized Insurers Process Act › 27-4-4-5. Vexatious Refusal to Pay Without Reasonable Cause; Attorney's Fees

Sec. 5. In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident of this state or to a corporation authorized to do business in this state, if the insurer has failed for thirty (30) days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that the refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in the action. Such fee shall not exceed twelve and one-half percent (12 1/2%) of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than twenty-five dollars ($25). Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
Formerly: Acts 1955, c.203, s.5. As amended by P.L.136-2018, SEC.174.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 4. Unauthorized Insurers Process Act › 27-4-4-6. Exclusions From Act

Sec. 6. The provisions of this chapter shall not apply to any action, suit, or proceeding against any unauthorized insurer arising out of any contract of:
(1) reinsurance effectuated in accordance with the laws of Indiana;
(2) aircraft insurance;
(3) insurance on property or operations of railroads engaged in interstate commerce;
(4) insurance against legal liability arising out of the ownership, operation or maintenance of any property having a permanent situs outside of this state; or
(5) insurance against loss of or damage to any property having a permanent situs outside of this state;
where such contract contains a provision designating the department or the commissioner or a bona fide resident of the state of Indiana to be its true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contract.
Formerly: Acts 1955, c.203, s.6. As amended by P.L.252-1985, SEC.162.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 4. Unauthorized Insurers Process Act › 27-4-4-7. Construction

Sec. 7. This chapter is declared to be in addition and supplemental to other laws of the state of Indiana and shall be construed accordingly.
Formerly: Acts 1955, c.203, s.7. As amended by P.L.252-1985, SEC.163.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 4. Unauthorized Insurers Process Act › 27-4-4-8. Short Title

Sec. 8. This chapter may be cited as the Unauthorized Insurers Process Act.
Formerly: Acts 1955, c.203, s.9. As amended by P.L.252-1985, SEC.164.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 5. Unauthorized Insurers Act › 27-4-5-1. Purpose; Legislative Declaration

Sec. 1. The purpose of this chapter is to subject certain insurers to the jurisdiction of the insurance commissioner and the courts of this state in suits by or on behalf of the state. The general assembly declares that it is concerned with the protection of residents of this state against acts by insurers not authorized to do an insurance business in this state, by the maintenance of fair and honest insurance markets, by protecting authorized insurers which are subject to regulation from unfair competition by unauthorized insurers, and by protecting against the evasion of the insurance regulatory laws of this state. In furtherance of such state interest, the general assembly provides methods in this chapter for substituted service of process upon such insurers in any proceeding, suit, or action in any court and substituted service of any notice, order, pleading, or process upon such insurers in any proceeding by the commissioner of insurance to enforce or effect full compliance with this title. In so doing, the state exercises its powers to protect residents of this state and to define what constitutes transacting an insurance business in this state, and also exercises powers and privileges available to this state by virtue of 15 U.S.C. 1011 through 1015, which declares that the business of insurance and every person engaged in the business of insurance shall be subject to the laws of the several states.
Formerly: Acts 1969, c.194, s.1. As amended by P.L.252-1985, SEC.165; P.L.124-2018, SEC.65; P.L.136-2018, SEC.175.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 5. Unauthorized Insurers Act › 27-4-5-3. Injunction

Sec. 3. Whenever the commissioner believes, from evidence satisfactory to the commissioner, that any insurer is violating or about to violate the provisions of section 2 of this chapter, the commissioner may cause a complaint to be filed in the circuit or superior court to enjoin and restrain such insurer from continuing such violation or engaging in the violation or doing any act in furtherance of the violation. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order or judgment awarding preliminary or final injunctive relief as in its judgment is proper.
Formerly: Acts 1969, c.194, s.3. As amended by P.L.252-1985, SEC.166; P.L.255-1995, SEC.5; P.L.136-2018, SEC.176.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 5. Unauthorized Insurers Act › 27-4-5-5. Prerequisites to Pleading; Deposit to Secure Payment of Judgment; Procuring Certificate of Authority; Motion to Quash

Sec. 5. (a) Before any unauthorized insurer files or causes to be filed in any pleading in any court action, suit, or proceeding or in any notice, order, pleading, or process in such administrative proceeding before the commissioner instituted against such person or insurer, by services made as provided in section 4 of this chapter, such insurer shall either:
(1) deposit with the clerk in which such action, suit, or proceeding is pending, or with the commissioner of insurance in administrative proceedings before the commissioner, cash or securities, or file with such clerk or commissioner a bond with good and sufficient sureties, to be approved by the clerk or commissioner in an amount to be fixed by the court or commissioner sufficient to secure the payment of any final judgment which may be rendered in such action or administrative proceeding; or
(2) procure a certificate of authority to transact the business of insurance in this state.
In considering the application of an insurer for a certificate of authority, for the purposes of this section the commissioner need not assert the provisions of IC 27-1-20-12 against such insurer with respect to its application if he determines that such company would otherwise comply with the requirements for such certificate of authority.
(b) The commissioner of insurance, in any administrative proceeding in which service is made as provided in section 4 of this chapter, may in his discretion order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) and to defend such action.
(c) Nothing in subsection (a) shall be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service thereof made in the manner provided in section 4 of this chapter on the ground that such unauthorized insurer has not done any of the acts enumerated in section 2 of this chapter.
Formerly: Acts 1969, c.194, s.5. As amended by P.L.252-1985, SEC.168.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 5. Unauthorized Insurers Act › 27-4-5-8. Short Title

Sec. 8. This chapter may be cited as the Uniform Unauthorized Insurers Act.
Formerly: Acts 1969, c.194, s.8. As amended by P.L.252-1985, SEC.169.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 6. Unauthorized Insurers False Advertising Process Act › 27-4-6-1. Purpose; Liberal Construction

Sec. 1. (a) The purpose of this chapter is to subject to the jurisdiction of the insurance commissioner of this state and to the jurisdiction of the courts of this state insurers, not authorized to transact business in this state, which place in or send into this state any false advertising designed to induce residents of this state to purchase insurance from insurers not authorized to transact business in this state. The legislature declares it is in the interest of the citizens of this state who purchase insurance from insurers which solicit insurance business in this state in the manner set forth in the preceding sentence that such insurers be subject to the provisions of this chapter. In furtherance of such state interest, the legislature provides in this chapter a method of substituted service of process upon such insurers and declares that in so doing, it exercises its power to protect its residents and also exercises powers and privileges available to the state by virtue of 15 U.S.C. 1011 et seq., which declares that the business of insurance and every person engaged in the business of insurance shall be subject to the laws of the several states. The authority provided in this chapter is to be in addition to any other powers of this state.
(b) The provisions of this chapter shall be liberally construed.
Formerly: Acts 1963, c.163, s.1. As amended by P.L.252-1985, SEC.170; P.L.136-2018, SEC.178.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 6. Unauthorized Insurers False Advertising Process Act › 27-4-6-2. Definitions

Sec. 2. When used in this chapter:
"Commissioner" shall mean the commissioner of insurance of this state.
"Residents" shall mean and include person, partnership, limited liability company, or corporation, domestic, alien, or foreign.
Formerly: Acts 1963, c.163, s.2. As amended by P.L.252-1985, SEC.171; P.L.8-1993, SEC.419.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 6. Unauthorized Insurers False Advertising Process Act › 27-4-6-3. Advertising in Violation of Unfair Trade Practice Act by Unauthorized Foreign or Alien Insurer; Notice to Insurer and Supervisory Official of Domiciliary State

Sec. 3. No unauthorized foreign or alien insurer of the kind described in section 1 of this chapter shall make, issue, circulate, or cause to be made, issued, or circulated, to residents of this state any estimate, illustration, circular, pamphlet, or letter, or cause to be made in any newspaper, magazine, or other publication or over any radio or television station, any announcement or statement to such residents misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon in violation of IC 27-4-1, and whenever the commissioner shall have reason to believe that any such insurer is engaging in such unlawful advertising, he shall give notice of such fact by registered mail to such insurer and to the insurance supervisory official of the domiciliary state of such insurer. For the purpose of this section, the domiciliary state of an alien insurer shall be deemed to be the state of entry or the state of the principal office in the United States.
Formerly: Acts 1963, c.163, s.3. As amended by P.L.252-1985, SEC.172.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 6. Unauthorized Insurers False Advertising Process Act › 27-4-6-4. Failure of Unauthorized Foreign or Alien Insurer to Cease Unlawful Advertising After Notice; Action Under Unfair Trade Practice Act

Sec. 4. If after thirty (30) days following the giving of the notice mentioned in section 3 of this chapter such insurer has failed to cease making, issuing, or circulating such misrepresentations or causing the same to be made, issued, or circulated in this state, and if the commissioner has reason to believe that a proceeding by him in respect to such matters would be to the interest of the public, and that such insurer is issuing or delivering contracts of insurance to residents of this state or collecting premiums on such contracts or doing any of the acts enumerated in section 5 of this chapter, he shall take action against such insurer under IC 27-4-1.
Formerly: Acts 1963, c.163, s.4. As amended by P.L.252-1985, SEC.173.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 6. Unauthorized Insurers False Advertising Process Act › 27-4-6-6. Short Title

Sec. 6. This chapter may be cited as the Unauthorized Insurers False Advertising Process Act.
Formerly: Acts 1963, c.163, s.7. As amended by P.L.252-1985, SEC.175.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 8. Foreign Plate Glass Insurers › 27-4-8-1. Capital Requirements

Sec. 1. Any person or persons, or any copartnership, company, or corporation organized under the laws of any other state than this state, or any foreign country, and engaged in the business of insuring plate glass, shall be allowed and permitted to do and transact such business in this state when such company is possessed of at least one hundred thousand dollars ($100,000) of actual capital invested in the stock or bonds of some one (1) or more of the states of this Union or of the United States, or the bonds of some one (1) or more of the counties, cities, or towns of this state at the current value thereof, and when such company and its agents shall have fully complied with all the provisions and requirements of the laws of this state regulating foreign insurance companies, except so much thereof as requires a capital of two hundred thousand dollars ($200,000); provided, that companies engaged in insuring plate glass and having less than two hundred thousand dollars ($200,000) capital invested as required in this chapter shall not engage in or transact any other kind of business; provided, that whenever it shall appear to the insurance commissioner that any such company, having one hundred thousand dollars ($100,000) capital, shall have been, directly or indirectly, doing business in this state prior to March 9, 1889, he shall not issue license to such company, or authorize it to do business in this state, until it shall have paid all taxes, fees, and penalties which should have been chargeable to it had it, during such time, been authorized to do business in this state, and not violated any of the laws governing foreign insurance companies.
Formerly: Acts 1889, c.199, s.1. As amended by P.L.252-1985, SEC.179.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 9. Recommendations to Senior Consumers › 27-4-9-1. "Securities Commissioner"

Sec. 1. As used in this chapter, "securities commissioner" refers to the commissioner appointed by the secretary of state under IC 23-19-6-1(a).
As added by P.L.138-2005, SEC.2. Amended by P.L.27-2007, SEC.28.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 9. Recommendations to Senior Consumers › 27-4-9-2. "Consumer"

Sec. 2. As used in this chapter, "consumer" means an individual who receives a recommendation to purchase or exchange an annuity that results in the recommended purchase or exchange.
As added by P.L.138-2005, SEC.2. Amended by P.L.131-2007, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 9. Recommendations to Senior Consumers › 27-4-9-3. Suitability of Annuity Recommendations

Sec. 3. (a) An insurance producer, or an insurer in a case in which an insurance producer is not involved, shall not recommend to a consumer the:
(1) purchase of an annuity; or
(2) exchange of an annuity that results in another insurance transaction;
that is unsuitable for the consumer.
(b) A determination regarding whether a purchase or an exchange under subsection (a) is unsuitable for a consumer must be made:
(1) based on the facts disclosed by the consumer concerning the consumer's:
(A) investments and other insurance products; and
(B) financial situation and needs; and
(2) according to the rule adopted under section 4 of this chapter.
As added by P.L.138-2005, SEC.2. Amended by P.L.131-2007, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 9. Recommendations to Senior Consumers › 27-4-9-4. Rules

Sec. 4. (a) The department shall adopt rules under IC 4-22-2 to implement this chapter.
(b) The rules adopted under subsection (a) must set forth the duties that apply to an insurer or an insurance producer in determining whether reasonable grounds exist to believe that a recommendation to purchase or exchange an annuity is suitable for a consumer to whom the recommendation is made based on the facts disclosed by the consumer concerning the consumer's investments, other insurance products, and financial situation and needs.
As added by P.L.138-2005, SEC.2. Amended by P.L.131-2007, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 9. Recommendations to Senior Consumers › 27-4-9-5. Violations

Sec. 5. (a) Except as provided in subsection (b), a recommendation made in violation of section 3 of this chapter is an unfair method of competition or an unfair and deceptive act or practice under IC 27-4-1-4.
(b) A recommendation made in violation of section 3 of this chapter is not an unfair method of competition or an unfair and deceptive act or practice under IC 27-4-1-4 if the recommendation is made in compliance with the National Association of Securities Dealers Conduct Rules concerning suitability, as determined by the commissioner.
As added by P.L.138-2005, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 9. Recommendations to Senior Consumers › 27-4-9-6. Commissioner Actions Concerning Compliance

Sec. 6. (a) The commissioner may conduct an investigation, pursue an enforcement action, and take other official action that the commissioner considers appropriate to ensure compliance with section 3 of this chapter.
(b) With regard to a variable annuity, the commissioner may:
(1) consult with the securities commissioner; and
(2) use the resources of the securities commissioner;
in making a final determination regarding any issue concerning compliance with section 3 of this chapter.
(c) If the securities commissioner is informed of a violation or suspected violation of section 3 of this chapter or other insurance laws of the state, the securities commissioner shall timely advise the commissioner of the violation or suspected violation.
As added by P.L.138-2005, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 10. Virtual Claim Payments for Dental Care Services › 27-4-10-1. "Automated Clearing House Network Payment"

Sec. 1. As used in this chapter, "Automated Clearing House Network payment" means a payment made under National Automated Clearing House Association standards adopted in 45 CFR Section 162.1602.
As added by P.L.31-2021, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 10. Virtual Claim Payments for Dental Care Services › 27-4-10-2. "Dental Care"

Sec. 2. As used in this chapter, "dental care" means services provided by a dentist within the scope of the dentist's licensure under IC 25-14.
As added by P.L.31-2021, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 10. Virtual Claim Payments for Dental Care Services › 27-4-10-3. "Dental Provider"

Sec. 3. As used in this chapter, "dental provider" means:
(1) a dentist licensed under IC 25-14; or
(2) a dental office that provides billing and administrative services for one (1) or more dentists licensed under IC 25-14 who provide dental care through the dental office.
As added by P.L.31-2021, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 10. Virtual Claim Payments for Dental Care Services › 27-4-10-4. "Electronic Funds Transfer Payment"

Sec. 4. As used in this chapter, "electronic funds transfer payment" includes a payment by any method of electronic funds transfer other than an Automated Clearing House Network payment.
As added by P.L.31-2021, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 10. Virtual Claim Payments for Dental Care Services › 27-4-10-5. "Health Insurance Plan"

Sec. 5. (a) As used in this chapter, "health insurance plan" means:
(1) a policy of accident and sickness insurance (as defined in IC 27-8-5-1);
(2) an individual contract or a group contract with a health maintenance organization under IC 27-13;
(3) a:
(A) policy of accident and sickness insurance; or
(B) limited service health maintenance organization (as defined in IC 27-13-34-4);
that provides coverage for dental care services; or
(4) another plan or program that provides payment, reimbursement, or indemnification for the costs of health care items or services.
(b) The term does not include the following:
(1) Accident only, credit, vision, Medicare supplement, long term care, or disability income insurance.
(2) Coverage issued as a supplement to liability insurance.
(3) Automobile medical payment insurance.
(4) A specified disease policy.
(5) A short term insurance plan that:
(A) may be renewed for the greater of:
(i) thirty-six (36) months; or
(ii) the maximum period permitted under federal law;
(B) has a term of not more than three hundred sixty-four (364) days; and
(C) has an annual limit of at least two million dollars ($2,000,000).
(6) A policy that provides indemnity benefits not based on any expense incurred requirement, including a plan that provides coverage for:
(A) hospital confinement, critical illness, or intensive care; or
(B) gaps for deductibles or copayments.
(7) Worker's compensation or similar insurance.
(8) A student health plan.
(9) A supplemental plan that always pays in addition to other coverage.
(10) An employer sponsored health benefit plan that is:
(A) provided to individuals who are eligible for Medicare; and
(B) not marketed as, or held out to be, a Medicare supplement policy.
(11) The Medicaid program.
As added by P.L.31-2021, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 10. Virtual Claim Payments for Dental Care Services › 27-4-10-6. "Health Insurer"

Sec. 6. As used in this chapter, "health insurer" means an entity or person that issues a health insurance plan.
As added by P.L.31-2021, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 10. Virtual Claim Payments for Dental Care Services › 27-4-10-7. "Health Maintenance Organization"

Sec. 7. As used in this chapter, "health maintenance organization" means an entity that provides or arranges for delivery of dental care under a certificate of authority issued under IC 27-13.
As added by P.L.31-2021, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 10. Virtual Claim Payments for Dental Care Services › 27-4-10-8. "Provider Billing Agent"

Sec. 8. As used in this chapter, "provider billing agent" means a person or entity that contracts with a dental provider to provide billing services for the dental provider, including:
(1) submitting bills to patients;
(2) requesting payment from patients; and
(3) receiving payment from patients;
under the terms and conditions of the contract between the dental provider and the person or entity.
As added by P.L.31-2021, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 10. Virtual Claim Payments for Dental Care Services › 27-4-10-9. "Virtual Claim Payment"

Sec. 9. (a) As used in this chapter, "virtual claim payment" means a type of electronic funds transfer in which:
(1) a health insurer or contracted vendor of a health insurer issues a single use series of numbers for purposes of payment for dental care performed by a dental provider and chargeable to a predetermined dollar amount; and
(2) the dental provider is responsible for processing the payment using a credit card terminal or Internet portal.
(b) The term includes virtual or online credit card payments in which:
(1) no physical credit card is presented to the dental provider; and
(2) the virtual or online credit card expires upon payment processing.
As added by P.L.31-2021, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 4. Unfair Competition; Unauthorized Insurers; Foreign Insurers › Chapter 10. Virtual Claim Payments for Dental Care Services › 27-4-10-10. No Requirement to Accept Virtual Claim Payment; Requirements; Fees; Waiver of Requirements Prohibited; Violations

Sec. 10. (a) A health insurance plan may not require a dental provider to accept payment under the health insurance plan by virtual claim payment.
(b) Before an initial payment to a dental provider using an electronic funds transfer payment, including a virtual claim payment, or before modifying the method of payment, a health insurer or contracted vendor of a health insurer shall:
(1) notify the dental provider of any fees associated with the electronic funds transfer payment other than the fees imposed by the dental provider's financial institution; and
(2) concerning a virtual claim payment, advise the dental provider of the methods of payment available under the health insurance plan and provide clear instructions to the dental provider as to how to select an alternate payment method.
(c) A health insurer or contracted vendor of a health insurer may not charge a fee to a dental provider solely for transmitting an Automated Clearing House Network payment to the dental provider, unless the dental provider has consented to the fee. A provider billing agent may charge a reasonable fee to a dental provider for transmitting an Automated Clearing House Network payment as part of a fee charged by the provider billing agent for transaction management, data management, portal services, and other value added services in addition to the payment transmission that are provided by the provider billing agent to the dental provider.
(d) The provisions of this section may not be waived by contract, and any contractual clause that conflicts with the provisions of this section or that purports to waive any requirement of this section is void.
(e) Violation of this section is an unfair or deceptive act or practice in the business of insurance that is subject to enforcement by the commissioner under IC 27-4-1.
As added by P.L.31-2021, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 5.1. Farm Mutual Insurance Companies › Chapter 1. Definitions › 27-5.1-1-2. "Assessment"

Sec. 2. "Assessment" means an amount or a policyholder's share of an amount that a farm mutual insurance company determines is necessary for any of the following:
(1) To pay the farm mutual insurance company's accrued liabilities.
(2) To meet or defray the farm mutual insurance company's anticipated needs.
(3) To add to or restore the policyholder surplus of the farm mutual insurance company.
As added by P.L.129-2003, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 5.1. Farm Mutual Insurance Companies › Chapter 1. Definitions › 27-5.1-1-7. "Farm Mutual Insurance Company"

Sec. 7. "Farm mutual insurance company" means a company (as defined in IC 27-1-2-3) that is authorized to provide insurance coverage under this article.
As added by P.L.129-2003, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 5.1. Farm Mutual Insurance Companies › Chapter 1. Definitions › 27-5.1-1-9. "Initial Charge"

Sec. 9. "Initial charge" means a charge that is collected by a farm mutual insurance company before or at the time of the issuance or renewal of an insurance policy under this article.
As added by P.L.129-2003, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 5.1. Farm Mutual Insurance Companies › Chapter 1. Definitions › 27-5.1-1-12. "Policyholder Surplus"

Sec. 12. "Policyholder surplus" means the accumulated assets of a farm mutual insurance company that exceed the farm mutual insurance company's accrued losses and expenses.
As added by P.L.129-2003, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 5.1. Farm Mutual Insurance Companies › Chapter 1. Definitions › 27-5.1-1-14. "Premium Plus Assessment"

Sec. 14. "Premium plus assessment" refers to an insurance policy under which the policyholder is:
(1) obligated to pay a premium; and
(2) subject to potential assessment.
As added by P.L.129-2003, SEC.8.