reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 18. Disclosure of Material Transactions › 27-2-18-12. Reports of Material Acquisitions and Dispositions on Nonconsolidated Basis; Exceptions

Sec. 12. (a) Insurers must report material acquisitions and dispositions on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers that uses a pooling arrangement or one hundred percent (100%) reinsurance agreement that affects the solvency and integrity of the insurer's reserves and the insurer ceded substantially all of its direct and assumed business to the pool.
(b) An insurer is considered to have ceded substantially all of its direct and assumed business to a pool under subsection (a) if the insurer has less than one million dollars ($1,000,000) total direct plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than five percent (5%) of the insurer's capital and surplus.
As added by P.L.251-1995, SEC.17.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 18. Disclosure of Material Transactions › 27-2-18-13. Contents of Reports of Material Nonrenewals, Cancellations, or Revisions

Sec. 13. The following information must be disclosed on a nonconsolidated basis in any report of a material nonrenewal, cancellation, or revision of a ceded reinsurance agreement:
(1) The effective date of the nonrenewal, cancellation, or revision.
(2) The description of the transaction with an identification of the initiator of the transaction.
(3) The purpose of or reason for the transaction.
(4) If applicable, the identity of the replacement reinsurers.
As added by P.L.251-1995, SEC.17.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 18. Disclosure of Material Transactions › 27-2-18-14. Reports of Material Nonrenewals, Cancellations, or Revisions on Nonconsolidated Basis; Exceptions

Sec. 14. (a) An insurer must report all material nonrenewals, cancellations, or revisions of ceded reinsurance agreements on a nonconsolidated basis unless:
(1) the insurer is part of a consolidated group of insurers that uses a:
(A) pooling arrangement; or
(B) one hundred percent (100%) reinsurance agreement;
that affects the solvency and integrity of the insurer's reserves; and
(2) the insurer ceded substantially all of its direct and assumed business to the pool.
(b) An insurer is considered to have ceded substantially all of its direct and assumed business to a pool under subsection (a) if the insurer has less than one million dollars ($1,000,000) total direct plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than five percent (5%) of the insurer's capital and surplus.
As added by P.L.251-1995, SEC.17.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 19. Fraud Investigation Information Exchange › 27-2-19-0.1. Application of Chapter

Sec. 0.1. The addition of this chapter by P.L.187-1996 applies only to claims made or a cause of action that arises after June 30, 1996.
As added by P.L.220-2011, SEC.428.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 19. Fraud Investigation Information Exchange › 27-2-19-1. "Governmental Agency" Defined

Sec. 1. As used in this chapter, "governmental agency" means any:
(1) department;
(2) division;
(3) public agency;
(4) political subdivision; or
(5) other public instrumentality;
of a political subdivision, the state of Indiana, or the federal government.
As added by P.L.187-1996, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 19. Fraud Investigation Information Exchange › 27-2-19-3. "Law Enforcement Agency" Defined

Sec. 3. As used in this chapter, "law enforcement agency" means an agency or a department of any level of government whose principal function is the apprehension of criminal offenders. The term includes the office of the inspector general.
As added by P.L.187-1996, SEC.1. Amended by P.L.222-2005, SEC.36.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 19. Fraud Investigation Information Exchange › 27-2-19-5. "Political Subdivision" Defined

Sec. 5. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
As added by P.L.187-1996, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 19. Fraud Investigation Information Exchange › 27-2-19-6. Authorization or Release From Claimant; When Required; Exceptions

Sec. 6. (a) Except as provided in subsections (b) and (c), a law enforcement agency, an insurer, or a governmental agency that has reason to believe that an application for insurance or a claim for insurance proceeds is being, or is likely to be, presented:
(1) based upon misrepresentation; and
(2) with intent to defraud;
is not required to obtain any authorization or release in order to receive or provide any information other than medical records and medical reports and medical related information contained in medical records and medical reports regarding or in any way potentially relating to that claim or application from or to any other law enforcement agency, insurer, or governmental agency.
(b) In claims for bodily injury, only information:
(1) regarding the type of injury claimed;
(2) regarding the date of the alleged injury;
(3) regarding the name and address of each medical provider submitted to support the claimed injuries; and
(4) referred to in subsection (a);
may be released without first obtaining authorization or a release from the injured claimant.
(c) Medical records and medical reports and medical related information contained in medical records and medical reports may not be released under this chapter without first obtaining authorization or a release from the injured claimant unless:
(1) the claim is a bodily injury claim; and
(2) the parties requesting the release have complied with section 8 of this chapter.
As added by P.L.187-1996, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 19. Fraud Investigation Information Exchange › 27-2-19-7. Immunity From Liability

Sec. 7. (a) As used in this section, "representative" includes:
(1) a representative investigative agency; and
(2) an attorney;
of a law enforcement agency, insurer, or governmental agency.
(b) Any:
(1) law enforcement agency, insurer, or governmental agency; or
(2) agent, employee, or representative of a law enforcement agency, insurer, or governmental agency;
that receives or provides information referred to in this chapter in good faith is immune from liability arising from the act of receiving or the act of providing the information.
As added by P.L.187-1996, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 19. Fraud Investigation Information Exchange › 27-2-19-8. Obtaining Medical Records and Reports in Claims for Bodily Injury

Sec. 8. (a) A law enforcement agency, insurer, or governmental agency who has obtained the names and addresses of a claimant's medical providers under section 6(b) of this chapter may obtain the claimant's medical records and medical reports from any other law enforcement agency, insurer, or governmental agency:
(1) with the prior authorization or release of the injured claimant; or
(2) without the prior authorization or release of the injured claimant if:
(A) there is a reasonable belief that the mere request for authorization or a release will hinder a fraud investigation; and
(B) a verified application is presented to the circuit court, superior court, or probate court in the county where the application or claim is presented that sets forth:
(i) probable cause for the need to obtain the medical records and medical reports and medical related information contained in the medical records and medical reports without obtaining the proper release or authorization; and
(ii) the specific medical records and medical reports and medical related information contained in the medical records and medical reports requested.
(b) The court, upon review of the information presented in subsection (a), may issue an order authorizing the law enforcement agency, insurer, or governmental agency to release the medical records and medical reports and the medical related information contained in the medical records and reports requested.
As added by P.L.187-1996, SEC.1. Amended by P.L.84-2016, SEC.118.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 19. Fraud Investigation Information Exchange › 27-2-19-9. Conflict of Laws

Sec. 9. For the purpose of insurance fraud investigation, if another provision in Indiana law regarding the release or receipt of information conflicts with this chapter, this chapter governs and controls.
As added by P.L.187-1996, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 20. Disclosure of Nonpublic Personal Financial Information › 27-2-20-1. "Person" Defined

Sec. 1. As used in this chapter, "person" has the meaning set forth in IC 27-1-2-3.
As added by P.L.203-2001, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 20. Disclosure of Nonpublic Personal Financial Information › 27-2-20-2. Disclosure Prohibited

Sec. 2. A person may not disclose any nonpublic personal information to a non-affiliated third party in violation of Title V of the Gramm-Leach-Blilely Act of 1999, 15 U.S.C. 6801 et seq.
As added by P.L.203-2001, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 20. Disclosure of Nonpublic Personal Financial Information › 27-2-20-3. Adoption of Rules

Sec. 3. The commissioner may adopt rules under IC 4-22-2 to implement this chapter. These rules:
(1) must be consistent with; and
(2) may not be more restrictive than;
the standards contained in 15 U.S.C. 6801 et seq.
As added by P.L.203-2001, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-0.1. Application of Chapter

Sec. 0.1. The addition of this chapter by P.L.201-2003 applies to a personal insurance policy:
(1) application that is submitted; or
(2) that is issued, delivered, amended, or renewed;
after December 31, 2003.
As added by P.L.220-2011, SEC.429.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-1. "Adverse Action"

Sec. 1. As used in this chapter, "adverse action" means:
(1) a denial or cancellation of;
(2) an increase in a charge for; or
(3) a reduction or other adverse or unfavorable change in the terms of coverage or amount of;
insurance in connection with the underwriting of a personal insurance policy.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-5. "Consumer"

Sec. 5. As used in this chapter, "consumer" means an:
(1) insured whose:
(A) credit information is used; or
(B) insurance score is calculated;
in the underwriting or rating of a personal insurance policy; or
(2) applicant for a personal insurance policy.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-6. "Consumer Reporting Agency"

Sec. 6. As used in this chapter, "consumer reporting agency" means a person that, for a monetary fee or dues or on a cooperative nonprofit basis, regularly engages in the practice of assembling or evaluating consumer credit information or other information concerning consumers for the purpose of furnishing consumer reports to third parties.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-7. "Credit Information"

Sec. 7. As used in this chapter, "credit information" means credit related information:
(1) derived from a credit report;
(2) found on a credit report; or
(3) provided on an application for a personal insurance policy.
The term does not include information that is not credit related, regardless of whether the information is contained in a credit report or in an application or is used to calculate an insurance score.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-8. "Credit Report"

Sec. 8. As used in this chapter, "credit report" means a written, an oral, or another communication of information by a consumer reporting agency concerning a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used or collected as a factor to determine personal insurance policy premiums, eligibility for coverage, or tier placement.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-10. "Insurance Producer"

Sec. 10. As used in this chapter, "insurance producer" has the meaning set forth in IC 27-1-15.6-2.
As added by P.L.201-2003, SEC.1. Amended by P.L.11-2011, SEC.24.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-11. "Insurance Score"

Sec. 11. As used in this chapter, "insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based on credit information for the purpose of predicting the future insurance loss exposure of an individual consumer.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-13. "Insurer"

Sec. 13. As used in this chapter, "insurer" refers to an insurer (as defined in IC 27-1-2-3) that issues a personal insurance policy.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-14. "Personal Insurance Policy"

Sec. 14. As used in this chapter, "personal insurance policy" means a policy that:
(1) provides one (1) or more of the kinds of insurance described in Class 2 or Class 3 of IC 27-1-5-1; and
(2) is underwritten on an individual basis for personal, family, or household use.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-17. Incorrect or Incomplete Credit Information; Notice; Remedy

Sec. 17. (a) If:
(1) a determination is made through the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 U.S.C. 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete; and
(2) the insurer receives notice of the determination from the consumer reporting agency or the insured;
the insurer shall re-underwrite and re-rate the insured not more than thirty (30) days after receiving the notice.
(b) After an insurer re-underwrites or re-rates an insured as described in subsection (a), the insurer shall:
(1) make necessary adjustments, consistent with the insurer's underwriting and rating guidelines; and
(2) if the insurer determines that the insured has overpaid a premium, refund to the insured the amount of overpayment calculated back to the shorter of the:
(A) immediately preceding twelve (12) month period of coverage; or
(B) actual policy period.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-18. Disclosure of Use of Credit Information

Sec. 18. (a) If an insurer uses credit information in underwriting or rating a consumer, the insurer or the insurer's agent shall disclose, either on the insurance application or at the time the insurance application is taken, that the insurer may obtain credit information in connection with the application. The disclosure must be:
(1) written; or
(2) provided to the consumer in the same medium as the application for insurance.
The insurer is not required to provide the disclosure statement required under this section to an insured on a renewal policy if the insured has previously been provided a disclosure statement.
(b) Use of the following sample disclosure statement constitutes compliance with this section: "In connection with this application for insurance, we may review your credit report or obtain or use a credit based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score.".
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-19. Adverse Action Based on Credit Information; Notice

Sec. 19. (a) If an insurer takes an adverse action based on credit information, the insurer shall:
(1) provide notice to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, 15 U.S.C. 1681m(a); and
(2) provide notice to the consumer explaining the reason for the adverse action.
(b) The reason provided under subsection (a)(2) must be provided in sufficiently clear and specific language so that an individual can identify the basis for the insurer's decision to take an adverse action. The notice must include a description of all factors up to four (4) primary factors that were the primary influences of the adverse action. The use of generalized terms such as "poor credit history", "poor credit rating", or "poor insurance score" does not meet requirements of this subsection. A standardized credit explanation provided by a consumer reporting agency or other third party vendor meets the requirements of this section.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-20. Filings

Sec. 20. (a) An insurer that uses an insurance score to underwrite and rate risks shall file the insurer's scoring models or other scoring processes with the department.
(b) A third party may file a scoring model or scoring process on behalf of an insurer.
(c) A filing that includes insurance scoring may include loss experience justifying the use of credit information.
(d) A filing related to credit information is confidential.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-21. Insurance Producer Indemnification, Defense, and Hold Harmless

Sec. 21. (a) An insurer shall indemnify and defend an insurance producer and hold an insurance producer harmless from and against liability, fees, and costs arising out of or related to the actions, errors, or omissions of the insurance producer relating to a use of credit information if the insurance producer:
(1) obtains or uses credit information or insurance scores for the insurer;
(2) follows the instructions of or procedures established by the insurer; and
(3) complies with applicable laws and regulations.
(b) This section does not provide a consumer with a cause of action that does not exist in the absence of this section.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-22. Consumer Reporting Agency Prohibitions

Sec. 22. (a) A consumer reporting agency may not provide or sell data or lists that include information submitted in conjunction with:
(1) an insurance inquiry about a consumer's credit information; or
(2) a request for a credit report or insurance score;
including the expiration dates of an insurance policy or other information that may identify periods during which a consumer's insurance expires and the terms and conditions of the consumer's insurance coverage.
(b) The restrictions under subsection (a) do not apply to data or lists a consumer reporting agency supplies to an:
(1) insurance producer from whom the information was received;
(2) insurer on behalf of which the insurance producer described in subdivision (1) acted; or
(3) affiliate or holding company of the insurer described in subdivision (2).
(c) This section does not prohibit an insurer from obtaining a claim history report or a motor vehicle report.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 21. Use of Credit Information › 27-2-21-23. Violations

Sec. 23. A violation of this chapter by an insurer is an unfair and deceptive act and practice in the business of insurance under IC 27-4-1-4.
As added by P.L.201-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 22. Retained Asset Accounts › 27-2-22-5. "Policy"

Sec. 5. As used in this chapter, "policy" means a policy or certificate that provides the kind of insurance described in Class 1 of IC 27-1-5-1.
As added by P.L.67-2011, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 22. Retained Asset Accounts › 27-2-22-6. "Retained Asset Account"

Sec. 6. As used in this chapter, "retained asset account" means a mechanism through which the settlement of proceeds payable under a policy occurs by the insurer's deposit of the proceeds into a checking or draft account:
(1) in which the proceeds are retained by the insurer; and
(2) under a contract that is supplemental to the policy and does not involve annuity benefits.
As added by P.L.67-2011, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 22. Retained Asset Accounts › 27-2-22-7. Requirements for Use of Retained Asset Account

Sec. 7. An insurer may not use a retained asset account unless, before the policy proceeds are transferred to the retained asset account, the insurer:
(1) informs:
(A) the beneficiary;
(B) the legal representative of the beneficiary; or
(C) in the case of a group policy, the policy owner;
of the beneficiary's right to a lump sum payment of the full amount of the policy proceeds; and
(2) makes the disclosure described in section 8(c) of this chapter to the beneficiary.
As added by P.L.67-2011, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 22. Retained Asset Accounts › 27-2-22-8. Required Disclosures by Insurer to the Beneficiary

Sec. 8. (a) An insurer that pays a policy death benefit in any manner other than a lump sum payment of the full amount of the policy proceeds shall provide, in written or electronic form, a disclosure containing a complete list and clear explanation of all payment options available to the beneficiary.
(b) An insurer described in subsection (a) shall not use a retained asset account as the default manner of payment of the policy death benefit unless the insurer conspicuously discloses to the beneficiary that, in the event that the beneficiary does not choose another payment option, a retained asset account will be used as the default manner of payment.
(c) The disclosure required by section 7 of this chapter must include the following information:
(1) A recommendation for the beneficiary to consult a tax, investment, or other financial adviser regarding tax liability and investment options.
(2) The:
(A) method by which interest rates are determined;
(B) timing and method of interest rate changes; and
(C) dividends or other gains that may be paid to the beneficiary;
applicable to the funds in the retained asset account.
(3) The identity of the custodian of the funds in the retained asset account.
(4) Whether the retained asset account is insured by the Federal Deposit Insurance Corporation and, if so, the amount of the coverage.
(5) Any limitations on the number and amount of withdrawals of funds from the retained asset account, including minimum or maximum benefit payment amounts.
(6) Services related to the retained asset account that are provided for a fee, including a list of the fees or method of calculation of the fees.
(7) The nature and frequency of statements of account for the retained asset account.
(8) That the payment of some or all of the proceeds may be by the delivery of checks, drafts, or other instruments to access the available funds.
(9) That the entire proceeds are available to the beneficiary by the use of one (1) check, draft, or other instrument.
(10) That the insurer or a related party may derive income, in addition to fees charged on the retained asset account, from the total gains received on the investment of the balance of funds in the retained asset account.
(11) The telephone number, address, and other contact information, including Internet web site address, from which the beneficiary may obtain additional information regarding the retained asset account.
(12) The following statement:
"FOR FURTHER INFORMATION, PLEASE CONTACT YOUR STATE DEPARTMENT OF INSURANCE.".
(d) The disclosures described in this section must be written in:
(1) layman's terms; and
(2) bold or at least 12 point type.
As added by P.L.67-2011, SEC.1. Amended by P.L.6-2012, SEC.187.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 22. Retained Asset Accounts › 27-2-22-9. Violation of Chapter

Sec. 9. A violation of this chapter is an unfair and deceptive act in the business of insurance under IC 27-4-1-4.
As added by P.L.67-2011, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-4. "Annuity"

Sec. 4. (a) As used in this chapter, "annuity" refers to an annuity contract issued in Indiana after June 30, 2015.
(b) The term does not include an annuity contract used to fund an employment based retirement plan, the sponsor or administrator of which directs the insurer that issues the annuity contract.
As added by P.L.90-2014, SEC.1. Amended by P.L.166-2015, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-5. "Death Master File"

Sec. 5. As used in this chapter, "death master file" refers to:
(1) the federal Social Security Administration's Death Master File; or
(2) another data source that, for the purpose of determining that a person is reported to have died, is at least as comprehensive as the federal Social Security Administration's Death Master File.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-6. "Death Master File Match"

Sec. 6. As used in this chapter, "death master file match" means the result of a search of a death master file that indicates a match of a person's name with the person's:
(1) Social Security number; or
(2) date of birth.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-7. "Knowledge of Death"

Sec. 7. As used in this chapter, "knowledge of death" means one (1) of the following:
(1) Receipt of a certified original or copy of a death certificate of a person.
(2) A death master file match that an insurer has validated with a secondary source.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-8. "Person"

Sec. 8. As used in this chapter, "person" refers to an insured, annuity owner, annuitant, or a retained asset account owner.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-9. "Policy"

Sec. 9. (a) As used in this chapter, "policy" means a policy or certificate issued in Indiana after June 30, 2015, that provides the kind of insurance described in Class 1 of IC 27-1-5-1.
(b) The term does not include the following:
(1) A policy or certificate that provides a death benefit under:
(A) an employee benefit plan that is subject to the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.); or
(B) a federal employee benefit program.
(2) A policy or certificate that is used to fund a preneed funeral contract or prearrangement.
(3) A policy or certificate of credit life or accidental death insurance.
(4) A policy issued to a group policy owner for which the insurer does not provide record keeping services.
As added by P.L.90-2014, SEC.1. Amended by P.L.166-2015, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-10. "Record Keeping Services"

Sec. 10. As used in this chapter, "record keeping services" means an insurer's responsibility, under an agreement with a group policy owner, to obtain, maintain, and administer in the insurer's system information concerning each individual insured under a group policy (or a line of coverage under a group policy), including at least the following:
(1) The individual's Social Security number and date of birth or name and date of birth.
(2) The individual's beneficiary designation information.
(3) The individual's eligibility for coverage.
(4) The individual's benefit amount.
(5) The individual's premium payment status.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-10.2. "Retained Asset Account"

Sec. 10.2. As used in this chapter, "retained asset account" refers to a retained asset account that is issued in Indiana after June 30, 2015.
As added by P.L.166-2015, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-11. Performance of Death Master File Comparison; Frequency; Death Certificate

Sec. 11. (a) An insurer shall, at least every six (6) months, perform a comparison of in-force policies, annuities, and retained asset accounts issued by the insurer in Indiana against a death master file to identify potential death master file matches.
(b) An insurer that performs a comparison under subsection (a) using:
(1) a complete death master file one (1) time per year; and
(2) only the update files of the death master file used under subdivision (1) for additional comparisons during the twelve (12) months after the comparison under subdivision (1);
is considered to be compliant with subsection (a).
(c) This section does not prevent an insurer from requesting a certified original or copy of a death certificate as a part of a claim validation process.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-12. Insurer Duty Related to Possible Death

Sec. 12. An insurer shall, not later than ninety (90) days after learning of the possible death of a person through a comparison performed under section 11 of this chapter, do the following:
(1) Complete and document a good faith effort to confirm the death of the person against other available records and information.
(2) Review the insurer's records to determine whether the person had purchased any other products from the insurer.
(3) Determine whether benefits may be due under a policy, annuity, or retained asset account.
(4) If the beneficiary or authorized representative under a policy, annuity, or retained asset account has not communicated with the insurer before the expiration of the ninety (90) day period, complete and document a good faith effort to locate and contact the beneficiary or authorized representative, including sending to the beneficiary or authorized representative information concerning the:
(A) insurer's claim process; and
(B) need to provide a certified original or copy of the death certificate, if applicable under the policy, annuity, or retained asset account.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-14. Disclosure of Personal Information

Sec. 14. An insurer may, to the extent permitted by law, disclose the minimum necessary personal information about a person or a beneficiary to an individual or entity reasonably believed by the insurer to possess the ability to assist the insurer in locating the beneficiary or another individual or entity that is entitled to payment of the claim proceeds.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-15. Charges Related to Search

Sec. 15. An insurer, and an entity providing services to an insurer, shall not charge a beneficiary or authorized representative a fee or cost associated with:
(1) a death master file search; or
(2) verification of a death master file match;
conducted under this chapter.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-16. Order of Payment; Unclaimed Property

Sec. 16. (a) The benefit of a policy, annuity, or retained asset account, plus accrued interest applicable under the policy, annuity, or retained asset account, is first payable to designated beneficiaries or policy owners, annuity owners, or account owners.
(b) If beneficiaries or policy owners, annuity owners, or account owners cannot be found, the benefit of the policy, annuity, or retained asset account (not including applicable accrued interest) escheats to the state as unclaimed property under IC 32-34-1.5.
As added by P.L.90-2014, SEC.1. Amended by P.L.141-2021, SEC.13.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-17. Commissioner Accommodations for Insurer Compliance

Sec. 17. The commissioner may do the following:
(1) Either:
(A) limit an insurer's death master file comparisons required by section 11 of this chapter to the insurer's electronic searchable files; or
(B) approve a plan and time period for conversion of an insurer's files to electronic searchable files.
(2) Either:
(A) exempt an insurer from the death master file comparisons required by section 11 of this chapter; or
(B) upon demonstration of hardship by the insurer, permit an insurer to perform the death master file comparisons less frequently than required by section 11 of this chapter.
(3) Allow an insurer to begin compliance with this chapter according to a plan and time period approved by the commissioner.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-18. Insurer Actions With Respect to Proceeds; Unclaimed Property; Liability

Sec. 18. (a) With respect to a policy, an annuity, or a retained asset account for which an insurer has knowledge of death:
(1) if:
(A) within one (1) year after the insurer has obtained the knowledge of death, the insurer:
(i) conducts reasonable search efforts; and
(ii) is unable to locate in Indiana a beneficiary under the policy, annuity, or retained asset account; or
(B) no beneficiary was named and the person, for purposes of IC 32-34-1.5, had a last known address in Indiana; and
(2) the insurer has, without success, attempted to make the contacts required by and in accordance with IC 32-34-1.5;
the insurer may, without further notice to or consent by the state, report and remit the proceeds of the policy, annuity, or retained asset account to the state on an early reporting basis in accordance with IC 32-34-1.5.
(b) After a report and remittance of proceeds described in subsection (a), the insurer is relieved and indemnified from any additional liability in relation to the proceeds, in accordance with IC 32-34-1.5.
As added by P.L.90-2014, SEC.1. Amended by P.L.141-2021, SEC.14.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-19. Violation

Sec. 19. An insurer's failure to comply with this chapter is an unfair or deceptive act or practice in the business of insurance under IC 27-4-1-4.
As added by P.L.90-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 23. Unclaimed Life Insurance Benefits › 27-2-23-21. Attorney General Examinations

Sec. 21. This chapter does not prevent the attorney general from conducting an examination of the records of an insurance company under IC 32-34-1.5-53.
As added by P.L.166-2015, SEC.6. Amended by P.L.141-2021, SEC.15.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-1. Application of Chapter

Sec. 1. This chapter applies to a policy of property or casualty insurance that is entered into, amended, or renewed after June 30, 2017.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-2. "Authorized Agency"

Sec. 2. As used in this chapter, "authorized agency" means the following:
(1) The state fire marshal or a fire department acting under IC 36-8-17.
(2) The superintendent of the state police.
(3) The prosecuting attorney responsible for prosecutions in the county where damage to property occurs.
(4) The attorney general.
(5) An officer of a unit of local government whose duties include the investigation of arson where damage to property occurs.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-3. "Available Insurance Proceeds"

Sec. 3. As used in this chapter, "available insurance proceeds" means:
(1) the proceeds payable under a policy of property or casualty insurance:
(A) to an innocent coinsured; and
(B) based on a claim for property loss to the innocent coinsured's primary residence; minus
(2) proceeds already paid under the policy of property or casualty insurance to:
(A) the innocent coinsured for:
(i) emergency living expenses;
(ii) emergency action necessary to secure the premises of the primary residence; and
(iii) action necessary to prevent further damage to the premises of the primary residence; and
(B) a lienholder or mortgagee who is not under investigation by an authorized agency;
in connection with the property loss described in subdivision (1).
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-4. "Final Settlement"

Sec. 4. (a) As used in this chapter, "final settlement" means a determination:
(1) of the amount owed to an innocent coinsured by an insurer:
(A) under the building coverage part of a policy of property or casualty insurance; and
(B) for property loss to the innocent coinsured's primary residence; and
(2) made by any of the following methods:
(A) Acceptance of a proof of loss by the insurer.
(B) Execution of a release by the innocent coinsured.
(C) Acceptance of an arbitration award by the innocent coinsured and the insurer.
(D) Judgment of a court of competent jurisdiction.
(b) The term "final settlement" does not apply to damage or loss related to contents, personal property, or another loss that is not covered under the building coverage part of a policy of property or casualty insurance.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-5. "Innocent Coinsured"

Sec. 5. As used in this chapter, "innocent coinsured" means an individual who:
(1) is insured under a policy of property or casualty insurance;
(2) did not have knowledge of, cooperate in, or intentionally contribute to a property loss that was caused or arranged by another individual who:
(A) is also insured under the policy of property or casualty insurance; and
(B) either:
(i) died; or
(ii) has been charged with a crime based on a court finding that there is probable cause to believe that the individual committed the crime;
in connection with the circumstances that caused the property loss;
(3) signs a sworn affidavit attesting that the individual did not have knowledge of, cooperate in, or intentionally contribute to the property loss; and
(4) cooperates in:
(A) the investigation and resolution of the claim for the property loss;
(B) any police investigation related to the property loss; and
(C) any criminal prosecution of the individual that caused or arranged the property loss.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-6. "Insurer"

Sec. 6. As used in this chapter, "insurer" means an insurance company that issues or delivers a policy of property or casualty insurance.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-7. "Property or Casualty Insurance"

Sec. 7. As used in this chapter, "property or casualty insurance" means a type of insurance described in Class 2 and Class 3 of IC 27-1-5-1. However, the term does not mean insurance described in Class 2(a) of IC 27-1-5-1.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-8. Payment of Claim Made by Innocent Coinsured

Sec. 8. (a) An insurer may not deny, exclude, or limit payment of a claim made:
(1) by an innocent coinsured;
(2) for coverage of a property loss to the primary residence of the innocent coinsured; and
(3) under a policy of property or casualty insurance;
unless the denial, exclusion, or limitation of payment is otherwise allowed by law and applied to the innocent coinsured in the same manner and to the same extent as the denial, exclusion, or limitation of payment is applied by the insurer to all other insureds, regardless of whether an insured is an innocent coinsured.
(b) An insurer shall pay the following on a claim described in subsection (a):
(1) The actual cost of repair or replacement of the property that is the subject of the claim if the actual cost of repair or replacement is less than or equal to the maximum limit of coverage under the policy of property or casualty insurance.
(2) The maximum limit of coverage under the policy of property or casualty insurance if the actual cost of repair or replacement of the property that is the subject of the claim is greater than the maximum limit of coverage under the policy of property or casualty insurance.
(c) This section does not require an insurer to make payment on a claim described in subsection (a) in an amount that is greater than the amount applicable to the part of the damaged property to which the innocent coinsured is entitled under a decree of dissolution of marriage between the innocent coinsured and the individual described in section 5(2) of this chapter.
(d) This section does not require an insurer to do the following:
(1) Make payment to an innocent coinsured on a claim described in subsection (a) in an amount that exceeds:
(A) the innocent coinsured's ownership interest in the property; minus
(B) any payment by the insurer to a mortgagee or another lienholder with a secured interest in the property.
(2) Make payment to another coinsured for the part of a loss for which the insurer has already made payment to the innocent coinsured.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-9. Insurer Actions Solely on Basis of Innocent Coinsured History Prohibited

Sec. 9. An insurer may not:
(1) refuse to renew;
(2) refuse to issue; or
(3) add a surcharge or rating factor to a premium for;
a policy of property or casualty insurance solely on the basis that an insured or a prospective insured under the policy of property or casualty insurance has been an innocent coinsured.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-10. Payment Not Required if Final Settlement Less Than 60% of Available Proceeds

Sec. 10. This chapter does not require an insurer that issued a policy of property or casualty insurance to pay a claim to an innocent coinsured if the final settlement for the property loss is less than sixty percent (60%) of available insurance proceeds under the policy.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-11. Insurer Rebuttal of Status of Innocent Coinsured

Sec. 11. This chapter does not prohibit an insurer from application of reasonable standards of proof to rebut an assertion that an individual meets the requirements to be considered an innocent coinsured under section 5 of this chapter.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 24. Coverage With Innocent Coinsured › 27-2-24-12. Subrogation Rights of Insurer

Sec. 12. This chapter does not affect an insurer's right of subrogation under a policy of property or casualty insurance to recover payments made from the person that is responsible for the property loss.
As added by P.L.148-2017, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 25. Health Carrier Good Faith Estimates › 27-2-25-0.5. Provision of Information by Health Benefit Plans

Sec. 0.5. Nothing in this chapter prohibits:
(1) a self-funded health benefit plan that complies with the federal Employee Retirement Income Security Act (ERISA) of 1974 (29 U.S.C. 1001 et seq.); or
(2) a:
(A) self-insurance program established to provide group health coverage as described in IC 5-10-8-7(b); or
(B) contract for health services, as described in IC 5-10-8-7(c);
from providing information requested by a practitioner or provider facility under this chapter.
As added by P.L.93-2020, SEC.13.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 25. Health Carrier Good Faith Estimates › 27-2-25-1. "Coverage"

Sec. 1. As used in this chapter, "coverage" means the right of an individual to receive:
(1) health care services; or
(2) payment or reimbursement for health care services;
from a health carrier.
As added by P.L.93-2020, SEC.13.
2023 Indiana Code › Title 27. Insurance › Article 2. Powers and Duties of Insurers › Chapter 25. Health Carrier Good Faith Estimates › 27-2-25-2.5. "Episode of Care"

Sec. 2.5. As used in this chapter, "episode of care" means the medical care ordered to be provided for a specific medical procedure, condition, or illness.
As added by P.L.93-2020, SEC.13.