reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-16. Retirement or Withdrawal From Business; Reinsurance; Cancellation of Certificate of Authority; Return of Deposit

Sec. 16. (a) Whenever any domestic company desires to retire from the business provided for in this chapter, it shall furnish to the department satisfactory evidence that it no longer has outstanding any liability upon any policy of insurance made by it in the conduct of its business as a title insurance company, or that it has reinsured its outstanding policies with a solvent company, authorized to do business under this chapter in this state, or with a company approved by the department. At the same time the company shall surrender to the department its certificate of authority. If the department is satisfied that there is no outstanding liability upon any policy issued by such company, or, that its outstanding policies have been properly reinsured, then the department shall cancel the surrendered certificate of authority and shall return to the company any and all deposits made by such company under the provisions of this chapter.
(b) Whenever any foreign company desires to withdraw from doing a title insurance business in this state, it shall furnish to the department satisfactory evidence that it no longer has outstanding any liability upon any policy of title insurance made by it in the conduct of its business in this state, or that it has reinsured its outstanding policies with a solvent company, authorized to do business in this state, or with a company approved by the department. At the same time such company shall surrender to the department its certificate of authority. If the department is satisfied that there is no outstanding liability upon any policy issued by such company in the conduct of its business in this state, or that its outstanding policies have been properly reinsured, then the department shall cancel the surrendered certificate of authority and shall return to the company any and all deposits made with it by such company under the provisions of this chapter.
Formerly: Acts 1937, c.104, s.16. As amended by P.L.252-1985, SEC.260.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-17. Violations

Sec. 17. A person who recklessly violates this chapter or fails to fulfill any of the requirements of this chapter commits a Class B misdemeanor.
Formerly: Acts 1937, c.104, s.17. As amended by Acts 1978, P.L.2, SEC.2724.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-18. Exemptions From Chapter

Sec. 18. The provisions of this chapter shall not apply to any insurance company organized or desiring to organize under and pursuant to IC 27-1 nor to any person, firm, partnership, corporation, limited liability company, association, or company whose business is the making of abstracts of title to real estate and attaching their certificate thereto and not engaging in the business of making title insurance, nor to any person, firm, partnership, corporation, limited liability company, or association acting as an authorized agent for a duly qualified title insurance company.
Formerly: Acts 1937, c.104, s.18. As amended by P.L.252-1985, SEC.261; P.L.8-1993, SEC.425.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-19. Construction of Chapter

Sec. 19. This chapter shall be deemed to create an additional and separate method for engaging in the business of title insurance, as defined in this chapter, and providing for the incorporation of such companies and their licensing to do such business. This chapter shall not be deemed to alter, amend, or repeal any other statutes of the state of Indiana. No requirements or proceedings shall be necessary for the incorporation and licensing of a title insurance company under this chapter except such as are prescribed in this chapter, any provision of the laws of the state of Indiana or IC 27-1 to the contrary notwithstanding.
Formerly: Acts 1937, c.104, s.20. As amended by P.L.252-1985, SEC.262.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-20. Limitation on Risks

Sec. 20. (a) As used in this section, "any one (1) risk" means a risk or hazard that arises in connection with any one (1) piece or parcel of property, whether or not the policy insures other property.
(b) Any company organized to issue title insurance in Indiana may not expose itself to any one (1) risk in an amount exceeding fifty percent (50%) of the aggregate amount of its total capital and surplus and its reserves other than its loss of claim reserves.
(c) Any risk or portion of any risk that has been reinsured as authorized under IC 27-7, must be deducted in determining the limitation of risk prescribed in this section.
As added by Acts 1982, P.L.162, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-21. Requirement of Title Search

Sec. 21. A company described in section 3 of this chapter that issues a title insurance policy shall perform or cause to be performed a title search for the real estate in conjunction with a mortgage secured by the real estate unless the mortgage meets all of the following requirements:
(1) The principal amount of the mortgage is not more than fifty thousand dollars ($50,000).
(2) The mortgage is subordinate to a prior mortgage where a title search was conducted and a title policy was issued.
(3) The mortgage is not a reverse mortgage.
As added by P.L.68-2002, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3. Abstract and Title Insurance › 27-7-3-22. Closing Protection Letter; Fee

Sec. 22. (a) In a residential real estate transaction described in section 15.5(a) and 15.5(b) of this chapter in which:
(1) a title policy is issued by a company or title insurance producer on behalf of a company; and
(2) the company or title insurance producer will also act as a settlement or closing agent;
the company or title insurance producer shall issue a closing protection letter to the lender, borrower, buyer, and seller of the property. A company authorized to do business under section 3 of this chapter shall charge a fee approved under subsection (e) to each party receiving the benefit of a closing protection letter.
(b) In a nonresidential real estate transaction in which:
(1) a title policy is issued by a company or title insurance producer on behalf of a company; and
(2) the company or title insurance producer will also act as a settlement or closing agent;
the company or title insurance producer may issue a closing protection letter to the lender, borrower, buyer, and seller of the property on request.
(c) A closing protection letter issued under this section must indemnify the party to which the closing protection letter is issued against any loss of settlement funds (under the terms and conditions of the closing protection letter) that results from the following acts of the company or title insurance producer that issues the closing protection letter:
(1) Theft or misappropriation of settlement funds in connection with a transaction in which the title policy is issued, only to the extent that the theft or misappropriation relates to the:
(A) status of title to; or
(B) validity, enforceability, and priority of the lien of the mortgage on;
the party's interest in land.
(2) Failure to comply with the written closing instructions agreed to by the company or title insurance producer acting as the settlement agent, only to the extent that the failure relates to the:
(A) status of title to; or
(B) validity, enforceability, and priority of the lien of the mortgage on;
the party's interest in land.
(d) The issuance of a closing protection letter under this section in contemplation of or in conjunction with the issuance of a title insurance policy is part of the business of title insurance for purposes of section 3 of this chapter.
(e) The amount of the fee that a company authorized to do business under section 3 of this chapter charges to each party receiving the benefits of a closing protection letter:
(1) must be submitted to and approved by the commissioner under IC 27-1-22-28; and
(2) is not subject to an agreement requiring a division of fees or premiums collected on behalf of the company.
As added by P.L.80-2013, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.6. Title Insurance Enforcement Fund › 27-7-3.6-1. Title Insurance Enforcement Fund Established; Uses of Fund

Sec. 1. The title insurance enforcement fund is established for the following purposes:
(1) To provide supplemental funding for department operations that are related to title insurance, including any of the following:
(A) The investigation of any matter concerning title insurance transactions in Indiana, to the extent necessary to determine compliance with this title.
(B) Appropriate administrative and civil actions to redress instances of noncompliance with this title.
(C) Cooperative efforts with federal, state, and local law enforcement agencies in investigating the following:
(i) Deceptive acts in connection with title insurance transactions.
(ii) Criminal violations involving deceptive acts in connection with title insurance transactions.
(iii) Violations of the Real Estate Settlement Procedures Act (12 U.S.C. 2601 et seq.) and any other federal laws or regulations concerning title insurance transactions. To the extent authorized by federal law, the department may enforce compliance with the federal statutes or regulations described in this item or refer suspected violations of the statutes or regulations to the appropriate federal regulatory agencies.
(D) Actions to enjoin violations of 12 U.S.C. 2607, as permitted under 12 U.S.C. 2607(d) and 12 U.S.C. 2614.
(2) To pay the costs of hiring and employing staff in the area of enforcement of title insurance law.
(3) To provide funding for educational materials or services designed to provide information to consumers about residential title insurance transactions.
As added by P.L.171-2006, SEC.5. Amended by P.L.145-2008, SEC.32.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.6. Title Insurance Enforcement Fund › 27-7-3.6-2. Administration of Title Insurance Enforcement Fund

Sec. 2. The title insurance enforcement fund shall be administered by the commissioner. The expenses of administering the title insurance enforcement fund shall be paid from money in the fund.
As added by P.L.171-2006, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.6. Title Insurance Enforcement Fund › 27-7-3.6-3. Investments

Sec. 3. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
As added by P.L.171-2006, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.6. Title Insurance Enforcement Fund › 27-7-3.6-6. Deposits

Sec. 6. The following shall be deposited in the title insurance enforcement fund:
(1) Policy reporting fees remitted by title insurers to the commissioner under section 7 of this chapter.
(2) Other amounts remitted to the commissioner or the department that are required by law to be deposited into the title insurance enforcement fund.
As added by P.L.171-2006, SEC.5. Amended by P.L.1-2007, SEC.185.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.6. Title Insurance Enforcement Fund › 27-7-3.6-7. Fees

Sec. 7. (a) A person that purchases a title insurance policy shall pay to the title insurer that issues the title insurance policy a fee of five dollars ($5) as a fee for the title insurance enforcement fund at the time of payment for the title insurance policy.
(b) A title insurer shall:
(1) retain two dollars ($2) of the fee collected under subsection (a) as an administrative fee; and
(2) pay to the department three dollars ($3) of the fee collected under subsection (a) for deposit in the title insurance enforcement fund.
As added by P.L.171-2006, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.7. Escrow Transactions in Real Estate Transactions › 27-7-3.7-1. "Closing Agent"

Sec. 1. (a) As used in this chapter, "closing agent" means a person that:
(1) closes an escrow transaction in connection with the purchase, sale, or financing of an interest in real estate; and
(2) is required to be licensed as an insurance producer under IC 27-1-15.6.
(b) The term does not include a lender or an employee of a lender that conducts a settlement or closing of a real estate secured loan provided by the lender in the office of the lender.
As added by P.L.92-2009, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.7. Escrow Transactions in Real Estate Transactions › 27-7-3.7-2. "Escrow Account"

Sec. 2. As used in this chapter, "escrow account" means a checking account established by a closing agent with a:
(1) bank;
(2) savings and loan association;
(3) credit union; or
(4) savings bank;
that is chartered under the laws of a state or the United States and used exclusively for the deposit and disbursement of funds for an escrow transaction.
As added by P.L.92-2009, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.7. Escrow Transactions in Real Estate Transactions › 27-7-3.7-3. "Escrow Transaction"

Sec. 3. (a) As used in this chapter, "escrow transaction" means a transaction in which a person deposits with a closing agent funds that are to be held until:
(1) a specified event occurs; or
(2) the performance of a prescribed condition;
in connection with the purchase, sale, or financing of an interest in real estate.
(b) The term does not include a loan financing if:
(1) the only parties to the loan transaction are the lender and the borrower; and
(2) the lender is responsible for disbursing all of the funds to the borrower or to a third party in order to pay fees and charges associated with the loan transaction.
As added by P.L.92-2009, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.7. Escrow Transactions in Real Estate Transactions › 27-7-3.7-4. "Good Funds"

Sec. 4. As used in this chapter, "good funds" means funds in any of the following forms:
(1) United States currency.
(2) Wired funds unconditionally held by and irrevocably credited to the escrow account of the closing agent.
(3) Certified or cashier's checks that are drawn on an existing account at a:
(A) bank;
(B) savings and loan association;
(C) credit union; or
(D) savings bank;
chartered under the laws of a state or the United States.
(4) A check drawn on the trust account of a real estate broker licensed under IC 25-34.1, if the closing agent has reasonable and prudent grounds to believe that sufficient funds will be available for withdrawal from the account on which the check is drawn at the time of disbursement of funds from the closing agent's escrow account.
(5) A personal check not to exceed five hundred dollars ($500) per closing.
(6) A check issued by the state, the United States, or a political subdivision of the state or the United States.
(7) A check drawn on the escrow account of another closing agent, if the closing agent in the escrow transaction has reasonable and prudent grounds to believe that sufficient funds will be available for withdrawal from the account upon which the check is drawn at the time of disbursement of funds from the escrow account of the closing agent in the escrow transaction.
(8) A check issued by a farm credit service authorized under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.).
(9) A check that is deposited and held in the escrow account of the closing agent for at least fourteen (14) days before the date of closing.
As added by P.L.92-2009, SEC.1. Amended by P.L.72-2016, SEC.18.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.7. Escrow Transactions in Real Estate Transactions › 27-7-3.7-5. "Real Estate Transaction"

Sec. 5. (a) As used in this section, "real estate transaction" refers to any:
(1) escrow transaction;
(2) settlement; or
(3) closing;
conducted in connection with the purchase, sale, or financing of an interest in real estate.
(b) The term does not include a real estate secured loan financing if:
(1) the only parties to the loan transaction are the lender and the borrower; and
(2) the lender is responsible for disbursing all of the funds to the borrower or to a third party in order to pay fees and charges associated with the loan transaction.
As added by P.L.92-2009, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.7. Escrow Transactions in Real Estate Transactions › 27-7-3.7-6. Funds Received in Escrow Transaction to Be Deposited in Escrow Account; Exception

Sec. 6. Funds received in connection with an escrow transaction must be deposited in an escrow account unless the parties to the escrow transaction agree in writing to another arrangement.
As added by P.L.92-2009, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.7. Escrow Transactions in Real Estate Transactions › 27-7-3.7-7. Disbursements; Requirements for Funds of at Least $10,000 Received From Single Party

Sec. 7. (a) This section applies to an escrow account that contains funds that:
(1) are received from any single party to a real estate transaction; and
(2) in the aggregate are at least ten thousand dollars ($10,000).
(b) A closing agent may make disbursements from an escrow account described in subsection (a) in connection with a real estate transaction only if both of the following apply:
(1) All the funds described in subsection (a) are good funds.
(2) Any funds described in subsection (a) in excess of ten thousand dollars ($10,000) are good funds described in section 4(2) of this chapter.
As added by P.L.92-2009, SEC.1. Amended by P.L.72-2016, SEC.19.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.7. Escrow Transactions in Real Estate Transactions › 27-7-3.7-8. Disbursements; Requirements for Funds Less Than $10,000 Received From Single Party

Sec. 8. A closing agent may not make disbursements from an escrow account in connection with a real estate transaction unless any funds that:
(1) are received from any single party to the real estate transaction; and
(2) in the aggregate are less than ten thousand dollars ($10,000);
are good funds.
As added by P.L.92-2009, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.7. Escrow Transactions in Real Estate Transactions › 27-7-3.7-9. Mortgage Holder's Right to Receive Proceeds From Real Estate Transaction Through Funds Electronically Transferred to Specified Account

Sec. 9. If:
(1) the closing agent in a real estate transaction receives wired funds unconditionally held and irrevocably credited to the escrow account of the closing agent; and
(2) a holder of a mortgage lien encumbering real estate so requests, as part of written closing instructions or a written payoff statement in advance of closing;
the holder of the mortgage lien is entitled to receive its proceeds from the real estate transaction through funds electronically transferred to an account specified by the holder of the mortgage lien.
As added by P.L.92-2009, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 3.7. Escrow Transactions in Real Estate Transactions › 27-7-3.7-10. Advance of Fees From Escrow Account to Pay Incidental Fees

Sec. 10. A closing agent may advance an amount not to exceed five hundred dollars ($500) from an escrow account on behalf of a party to an escrow transaction for the purpose of paying incidental fees, including conveyance and recording fees. Incidental fees may be paid in order to:
(1) effect and close the sale of;
(2) purchase;
(3) exchange;
(4) transfer;
(5) encumber; or
(6) lease;
real property that is the subject of the escrow transaction.
As added by P.L.92-2009, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5. Uninsured Motorist Coverage and Underinsured Motorist Coverage › 27-7-5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 2 of this chapter by P.L.391-1987(ss) apply only to policies first issued after December 31, 1987.
(2) Notwithstanding the effective date of P.L.124-2009, SECTION 1, the amendments made to section 2 of this chapter by P.L.124-2009 apply to a case in which:
(A) a claim under a policy's uninsured motorist coverage or underinsured motorist coverage arises after December 31, 2009;
(B) a rejection is made under section 2 of this chapter, as amended by P.L.124-2009 of the uninsured motorist coverage or underinsured motorist coverage under which the claim described in subdivision (1) is made; and
(C) the rejection described in clause (B) is made after December 31, 2009.
As added by P.L.220-2011, SEC.433.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5. Uninsured Motorist Coverage and Underinsured Motorist Coverage › 27-7-5-1. Repealed

Formerly: Acts 1965, c.138, s.1; Acts 1969, c.124, s.1. Repealed by Acts 1982, P.L.166, SEC.6.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5. Uninsured Motorist Coverage and Underinsured Motorist Coverage › 27-7-5-3. Property Damage Coverage; Authorization

Sec. 3. (a) Insurers shall additionally offer to provide uninsured motorist property damage coverage without any deductible amount and may offer uninsured motorist property damage coverage with a deductible of not more than the first three hundred dollars ($300.00) of property damage caused by collision. However, any such deductible amount for property damage shall be waived for damage resulting from collision if the insured motor vehicle is legally parked and unoccupied when involved in a motor vehicle accident for which the insured is legally entitled to recover damages from an uninsured motorist.
(b) Property damage losses recoverable under the provisions of this chapter are limited to damages to the insured motor vehicle and the personal property owned by the insured which is contained in the insured motor vehicle and shall not include the loss of use of damaged or destroyed property.
(c) Any claim for property damage submitted under an uninsured motorist coverage must include the name and address of the at-fault operator and any other information to establish the at-fault operator is without motor vehicle liability insurance. There shall be no liability imposed upon an insurer where the owner or operator of the other vehicle cannot be identified.
As added by Acts 1982, P.L.166, SEC.2. Amended by P.L.259-1983, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5. Uninsured Motorist Coverage and Underinsured Motorist Coverage › 27-7-5-4. "Uninsured Motor Vehicle" and "Underinsured Motor Vehicle" Defined; Insurer's Insolvency Protection

Sec. 4. (a) For the purpose of this chapter, the term uninsured motor vehicle, subject to the terms and conditions of such coverage, means a motor vehicle without liability insurance or a motor vehicle not otherwise in compliance with the financial responsibility requirements of IC 9-25 or any similar requirements applicable under the law of another state, and includes an insured motor vehicle where the liability insurer of the vehicle is unable to make payment with respect to the legal liability of its insured within the limits specified in IC 9-25-4-5 because of insolvency.
(b) For the purpose of this chapter, the term underinsured motor vehicle, subject to the terms and conditions of such coverage, includes an insured motor vehicle where the limits of coverage available for payment to the insured under all bodily injury liability policies covering persons liable to the insured are less than the limits for the insured's underinsured motorist coverage at the time of the accident, but does not include an uninsured motor vehicle as defined in subsection (a).
(c) An insurer's insolvency protection applies only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect and where the liability insurer of the tortfeasor becomes insolvent within two (2) years after such an accident. However, nothing contained in this section shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insured than is provided under this section.
As added by Acts 1982, P.L.166, SEC.3. Amended by P.L.391-1987(ss), SEC.2; P.L.2-1991, SEC.89; P.L.1-1992, SEC.152; P.L.1-1993, SEC.204.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5. Uninsured Motorist Coverage and Underinsured Motorist Coverage › 27-7-5-5. Limitations on Coverage

Sec. 5. (a) The policy or endorsement affording coverage specified in this chapter may provide that the total limit of all insurers' liability arising out of any one (1) accident shall not exceed the highest limits under any one (1) policy applicable to the loss, but in no event may coverage be less than the minimum set forth in IC 9-25-4-5.
(b) When the coverage specified in this chapter is written to apply to one (1) or more motor vehicles under a single automobile liability policy, such coverage applies only to the operation of those motor vehicles for which a specific uninsured or underinsured motorist premium charge has been made and does not apply to the operation of any motor vehicles insured under the policy or owned by the named insured for which a premium charge has not been made.
(c) The maximum amount payable for bodily injury under uninsured or underinsured motorist coverage is the lesser of:
(1) the difference between:
(A) the amount paid in damages to the insured by or for any person or organization who may be liable for the insured's bodily injury; and
(B) the per person limit of uninsured or underinsured motorist coverage provided in the insured's policy; or
(2) the difference between:
(A) the total amount of damages incurred by the insured; and
(B) the amount paid by or for any person or organization liable for the insured's bodily injury.
As added by Acts 1982, P.L.166, SEC.4. Amended by P.L.391-1987(ss), SEC.3; P.L.2-1991, SEC.90; P.L.1-1992, SEC.153; P.L.1-1993, SEC.205.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5. Uninsured Motorist Coverage and Underinsured Motorist Coverage › 27-7-5-6. Subrogation

Sec. 6. (a) The policy or endorsement affording the coverage specified in this chapter may also provide that payment to any person of sums as damages under such coverage shall operate to subrogate the insurer to any cause of action in tort which such person may have against any other person or organization legally responsible for the bodily injury or death, or property damage, because of which such payment is made. The insurer shall be subrogated, to the extent of such payment, to the proceeds of any settlement or judgment that may later result from the exercise of any rights of recovery of such person against any person or organization legally responsible for said bodily injury or death, or property damage, for which payment is made by the insurer. Such insurer may enforce such rights in its own name or in the name of the person to whom payment has been made, as in their interest may appear, by proper action in any court of competent jurisdiction.
(b) An insurer providing underinsured motorist coverage does not have a right of subrogation against an underinsured motorist if:
(1) the insurer has been provided with a written notice that:
(A) informs the insurer of the existence of a bona fide offer of agreement or settlement between its insured and the underinsured motorist; and
(B) includes a certification of the liability coverage limits of the underinsured motorist; and
(2) the insurer fails to advance payment to the insured in an amount equal to the amount provided for in the offer of agreement or settlement within thirty (30) days after the insurer receives the notice described in subdivision (1).
However, an insurer that, under the circumstances described in subdivision (1), advances payment to the insured in an amount equal to the amount provided for in the offer of agreement or settlement, has full rights of subrogation as provided in its policy or endorsement affording the underinsured motorist coverage.
(c) When an insurer makes payment under uninsured motorist coverage or underinsured motorist coverage because of the insolvency of an insolvent insurer (as defined in IC 27-6-8), the paying insurer's rights of reimbursement and subrogation do not include any rights of recovery against:
(1) the insured of the insolvent insurer; or
(2) the Indiana Insurance Guaranty Association created by IC 27-6-8-5;
except that the paying insurer may recover from the insured of the insolvent insurer that part of its payment that exceeds the limits of liability of the policy of the insolvent insurer.
As added by Acts 1982, P.L.166, SEC.5. Amended by P.L.121-1990, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5.1. Miscellaneous Motor Vehicle Insurance Provisions › 27-7-5.1-1. "Financial Responsibility"

Sec. 1. As used in this chapter, "financial responsibility" means the ability to respond in damages as described in IC 9-25-2-3.
As added by P.L.136-2015, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5.1. Miscellaneous Motor Vehicle Insurance Provisions › 27-7-5.1-2. "Motor Vehicle Insurance Policy"

Sec. 2. As used in this chapter, "motor vehicle insurance policy" means a policy that provides the kind of coverage described in Class 2(f) of IC 27-1-5-1.
As added by P.L.136-2015, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5.1. Miscellaneous Motor Vehicle Insurance Provisions › 27-7-5.1-3. "Noneconomic Damages"

Sec. 3. (a) As used in this chapter, "noneconomic damages" means costs for the following:
(1) Physical and emotional pain and suffering.
(2) Physical impairment.
(3) Emotional distress.
(4) Mental anguish.
(5) Loss of enjoyment.
(6) Loss of companionship, services, and consortium.
(7) Any other nonpecuniary loss proximately caused by a motor vehicle accident.
(b) The term does not include costs for the following:
(1) Treatment and rehabilitation.
(2) Medical expenses.
(3) Loss of economic or educational potential.
(4) Loss of productivity.
(5) Absenteeism.
(6) Support expenses.
(7) Accidents or injury.
(8) Any other pecuniary loss proximately caused by a motor vehicle accident.
As added by P.L.136-2015, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5.1. Miscellaneous Motor Vehicle Insurance Provisions › 27-7-5.1-4. "Uninsured Motorist With a Previous Violation"

Sec. 4. As used in this chapter, "uninsured motorist with a previous violation" means an individual who:
(1) owns a motor vehicle:
(A) that is involved in an accident; and
(B) for which financial responsibility is not in effect as required by IC 9-25-4; and
(2) during the immediately preceding five (5) years, has been required to provide proof of future financial responsibility for any period;
regardless of whether the individual is operating the motor vehicle at the time of the accident.
As added by P.L.136-2015, SEC.1. Amended by P.L.86-2021, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5.1. Miscellaneous Motor Vehicle Insurance Provisions › 27-7-5.1-5. Prohibition on Payment of Noneconomic Damages

Sec. 5. An insurer may not pay noneconomic damages on a claim for coverage under a motor vehicle insurance policy issued by the insurer if the claim is for coverage for a loss incurred by an uninsured motorist with a previous violation.
As added by P.L.136-2015, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 5.1. Miscellaneous Motor Vehicle Insurance Provisions › 27-7-5.1-6. Application of Prohibition

Sec. 6. (a) Section 5 of this chapter does not apply to a claim for coverage for a loss incurred by an uninsured motorist with a previous violation who is less than eighteen (18) years of age.
(b) Section 5 of this chapter does not apply to a claim for coverage for a loss incurred by any person other than an uninsured motorist with a previous violation.
(c) Section 5 of this chapter does not apply if a person other than the uninsured motorist with a previous violation:
(1) operates a motor vehicle involved in the accident; and
(2) is convicted of a crime in connection with the accident.
As added by P.L.136-2015, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-1. Limitations on Power of Issuance, Cancellation, and Nonrenewal

Sec. 1. The issuance, cancellation, and nonrenewal of automobile insurance policies by insurers shall be subject to the limitations set out in this chapter.
Formerly: Acts 1969, c.332, s.1. As amended by P.L.252-1985, SEC.263; P.L.121-1990, SEC.8.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-2. "Automobile Insurance Policy", "Automobile Liability Coverage", and "Policy"

Sec. 2. "Automobile insurance policy" means a policy delivered or issued for delivery in this state or covering a motor vehicle required to be registered in this state providing coverage for bodily injury and property damage liability, medical payments, and uninsured motorists or any combination of these coverages, and insuring as the named insured a natural person or more than one (1) natural persons related to each other, resident of the same household, and under which the insured vehicles designated in the policy are as:
(1) a motor vehicle of the private passenger or station wagon type that is not used as a public or livery conveyance for passengers, nor rented to others; or
(2) any other four-wheel motor vehicle with a load capacity of one thousand five hundred (1,500) pounds or less which is not used in the occupation, profession, or business of the insured; provided, however, that this chapter shall not apply:
(A) to any policy issued under an automobile assigned risk plan; or
(B) to any policy covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards.
"Automobile liability coverage" includes only coverage of bodily injury and property damage liability, medical payments and uninsured motorists coverage.
"Policy" shall be deemed to mean a policy providing automobile liability coverage.
Formerly: Acts 1969, c.332, s.2. As amended by P.L.252-1985, SEC.264; P.L.146-2015, SEC.30; P.L.136-2018, SEC.185.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-3. "Renewal" or "To Renew" Defined

Sec. 3. "Renewal" or "to renew" means the issuance and delivery by an insurer of a policy replacing at the end of the policy period a policy previously issued and delivered by the same insurer insuring the same insured, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term; provided, however, that any policy with a policy period or term of six (6) months or less and any policy with no fixed expiration date shall for the purposes of this chapter be considered as if written for a policy period or term of six (6) months; and provided further, that any policy written for a term longer than one (1) year shall for the purposes of this chapter be considered as if written for successive policy periods or terms of one (1) year, and such policy may be terminated by the insurer at the expiration of any annual period upon giving twenty (20) days notice of cancellation prior to such anniversary date, and such cancellation shall not be subject to any other provisions of this chapter.
Formerly: Acts 1969, c.332, s.3. As amended by P.L.252-1985, SEC.265.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-4. Notice of Cancellation; Authorized Reasons

Sec. 4. A notice of cancellation by an insurer of an automobile insurance policy as defined in this chapter shall be effective only if such cancellation is for one (1) or more of the following reasons:
(a) Nonpayment of premium which is defined to mean for the purposes of this chapter the failure of the named insured to discharge when due any of his obligations in connection with the payment of premiums on a policy, or any installment of such premium whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit.
(b) The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy has been denied or has been under suspension or revocation during the policy period or the existence of one (1) or more grounds for such denial, suspension, or revocation has become known.
(c) The named insured or any other operator who either resides in the same household or customarily operates an automobile insured under the policy:
(1) is under treatment for epilepsy or heart disease and does not produce a certificate from a physician testifying to the operator's unqualified ability to operate a motor vehicle safely; or
(2) uses drugs or alcoholic beverages to excess.
(d) Fraud, willful misrepresentation, or concealment on the part of any insured in respect to any material fact or circumstance relating to the issuance or continuance of the policy or relating to a loss.
(e) Violation of any terms or conditions of the policy.
(f) The place of residence of the insured or the state of registration or license of the insured automobile is changed to a state or country in which the insurer is not licensed.
Provided, however, that a change or substitution in policy form shall not be deemed to be a cancellation within the intent of this chapter; provided, further, that nothing in this section shall apply to nonrenewals. This section shall not apply to any policy or coverage which has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy.
Formerly: Acts 1969, c.332, s.4. As amended by P.L.252-1985, SEC.266.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-5. Notice of Cancellation

Sec. 5. (a) A notice of cancellation of a policy to which section 4 of this chapter applies is not effective:
(1) unless it is mailed by the insurer to the named insured at least twenty (20) days prior to the effective date of cancellation; or
(2) if the cancellation is for nonpayment of premium, unless it is:
(A) mailed by the insurer to the named insured at least ten (10) days before the effective date of cancellation; and
(B) accompanied by a written statement of the reason for the cancellation.
(b) If a policy was procured by an independent insurance producer duly licensed by the state of Indiana, notice of intent to cancel the policy shall be mailed to the independent insurance producer at least ten (10) days prior to the mailing of the notice of cancellation to the named insured under subsection (a), unless such notice of intent to cancel is or has been waived in writing by the independent insurance producer.
(c) Unless a written statement of the reason for the cancellation accompanies or is included in the notice of cancellation, the notice of cancellation of a policy that is mailed under subsection (a) shall state or be accompanied by a statement that, upon the written request of the named insured that is mailed to the insurer not less than fifteen (15) days prior to the effective date of cancellation, the insurer will specify the reason for such cancellation.
(d) This section does not apply to nonrenewal.
Formerly: Acts 1969, c.332, s.5. As amended by P.L.252-1985, SEC.267; P.L.178-2003, SEC.45; P.L.196-2021, SEC.35.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-6. Notice of Nonrenewal

Sec. 6. (a) An insurer shall not fail to renew a policy unless it mails to the named insured, at the address shown in the policy, at least twenty (20) days advance notice of its intention not to renew the policy.
(b) If a policy was procured by an independent insurance producer duly licensed by the state of Indiana, a notice of intent not to renew the policy shall be mailed to the independent insurance producer at least ten (10) days prior to the mailing of the notice of intention not to renew to the named insured under subsection (a), unless such notice of intent is or has been waived in writing by the independent insurance producer.
(c) This section does not apply:
(1) if the insurer has manifested its willingness to renew; or
(2) in case of nonpayment of premium.
However, notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other insurance policy with respect to any automobile designated in both policies.
(d) A notice of intention not to renew is not required under this section if:
(1) the insured is transferred from an insurer to an affiliate of the insurer for future coverage; and
(2) the transfer results in the same or broader coverage.
(e) Renewal of a policy shall not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of such renewal.
Formerly: Acts 1969, c.332, s.6. As amended by P.L.160-2003, SEC.24; P.L.178-2003, SEC.46; P.L.97-2004, SEC.98; P.L.148-2017, SEC.16; P.L.196-2021, SEC.36.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-7. Proof of Mailing Notice

Sec. 7. Proof of mailing of notice of cancellation, or of intention not to renew or of reasons for cancellation, to the named insured at the address shown in the policy shall be sufficient proof of notice.
Formerly: Acts 1969, c.332, s.7.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-8. Notice of Possible Eligibility Under Assigned Risk Plan

Sec. 8. When a policy providing automobile liability coverage is cancelled, other than for nonpayment of premium, or in the event of failure to renew a policy providing automobile liability coverage to which section 6 of this chapter applies, the insurer shall notify the named insured of his possible eligibility for automobile liability insurance through other insurers or through the automobile liability assigned risk plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew.
Formerly: Acts 1969, c.332, s.8. As amended by P.L.252-1985, SEC.268.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-9. Compliance With Request for Reason for Cancellation or Nonrenewal; Time Limits

Sec. 9. Where the reason for cancellation does not accompany or is not included in the notice of cancellation, the insurer shall upon written request of the named insured, mailed or delivered to the insurer not less than fifteen (15) days prior to the effective date of cancellation, specify in writing the reason for such cancellation. Such reason shall be mailed or delivered to the named insured within five (5) days after receipt of such request.
Formerly: Acts 1969, c.332, s.9.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-10. Exemption From Liability for Statements Made in Giving Reasons for Cancellation or Nonrenewal

Sec. 10. There shall be no liability on the part of and no cause of action of any nature shall arise against the commissioner of insurance or against any insurer, its authorized representative, its insurance producers, its employees, or any firm, person, limited liability company, or corporation furnishing to the insurer information as to reasons for cancellation, for any statement made by any of them in any written notice of cancellation, or in any other communication, oral or written specifying the reasons for cancellation, or the providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith.
Formerly: Acts 1969, c.332, s.10. As amended by P.L.8-1993, SEC.426; P.L.178-2003, SEC.47.
2023 Indiana Code › Title 27. Insurance › Article 7. Special Types of Insurance › Chapter 6. Cancellation of Automobile Insurance Policies › 27-7-6-11. Dispute as to Truth of Reason for Cancellation; Hearing; Findings; Effect; Fee

Sec. 11. (a) In the event the truth of the reason or reasons for cancellation is disputed by the named insured, the insured may, not later than ten (10) days prior to the effective date of such cancellation, apply in writing to the commissioner of insurance for a hearing. Such application shall state wherein such reason or reasons are false and a copy of such application shall be mailed or delivered to the insurer on the same date it is submitted to the commissioner.
(b) If the commissioner finds that the application was made in good faith and does in fact present a dispute as to the truth or existence of valid grounds for cancellation, the commissioner shall, within a reasonable time after receipt of such application and upon ten (10) days notice to the named insured and the insurer, hold a hearing on the matter. The findings of the commissioner shall be final and shall be issued in writing to the parties within five (5) days after the hearing.
(c) In the event of a finding that no reason for cancellation in fact exists, the cancellation shall be of no effect and the notice shall be rescinded.
(d) In the event of a finding that one (1) or more reasons for cancellation do in fact exist, the cancellation shall be effective as of the date stated in the cancellation notice.
(e) No investigation, defense, or other action undertaken by the insurer during the period between the date of cancellation stated in the notice and the date the commissioner issued findings shall be deemed a waiver of any rights or defenses on the part of such insurer.
(f) Any application for a hearing shall be accompanied by a filing fee of twenty dollars ($20) as a condition precedent to such hearing. Such fee shall be returned to the named insured if the finding is in the insured's favor, but otherwise shall be retained by the department of insurance.
Formerly: Acts 1969, c.332, s.11. As amended by P.L.3-1989, SEC.154.