reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-3. "Liability" Defined

Sec. 3. As used in this chapter, "liability" means an obligation arising from a claim for the payment of money in an amount established under IC 34-13-3 (or IC 34-4-16.5 before its repeal) or any other claim for which coverage is provided for members of the fund under rules adopted by the commission.
As added by P.L.162-1986, SEC.1. Amended by P.L.1-1998, SEC.141.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-4. "Political Subdivision" Defined

Sec. 4. As used in this chapter, "political subdivision" has the meaning set forth in IC 34-6-2-110.
As added by P.L.162-1986, SEC.1. Amended by P.L.5-1988, SEC.143; P.L.1-1998, SEC.142.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-6. Meetings; Actions

Sec. 6. The commission shall meet upon the call of the commissioner, who shall convene meetings as often as necessary to accomplish the purposes of this chapter. The commission may act:
(1) through the vote of a majority of members at a meeting at which at least six (6) members are present; or
(2) through the commissioner, pursuant to powers granted to the commission under this chapter and delegated to the commissioner by the vote of a majority of members at a meeting at which at least six (6) members are present.
As added by P.L.162-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-8. Expenses Incurred; Payment

Sec. 8. (a) All expenses incurred by the commission in administering the fund under this chapter shall be paid from the fund.
(b) All expenses incurred by the commission in administering the political subdivision catastrophic liability fund established by IC 27-1-29.1 shall be paid from the political subdivision catastrophic liability fund.
(c) All expenses incurred by the commission that are not incurred directly in connection with the administration of the political subdivision risk management fund or the political subdivision catastrophic liability fund shall be paid equally from each fund.
As added by P.L.162-1986, SEC.1. Amended by P.L.272-1987, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-9. Liability Insurance or Indemnification; State Responsibility for Commission Obligations

Sec. 9. (a) The commission shall purchase liability insurance for, or otherwise indemnify, its members against personal liability for acts and omissions arising out of their performance, in good faith, of their duties as members of the commission.
(b) The state is not responsible for the payment of any obligation of the commission.
As added by P.L.162-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-10. Political Subdivision Risk Management Fund; Purpose; Administration; Expenses; Depositories; Investment; Reserve Account

Sec. 10. (a) The political subdivision risk management fund is established for the purpose of:
(1) paying the liabilities of political subdivisions to the extent specified in this chapter;
(2) receiving assessments paid by political subdivisions to replenish the fund and to pay the principal of and interest on bonds or notes issued by the commission under section 17(b)(2) of this chapter; and
(3) receiving money from any other source.
(b) The fund shall be administered by the commission.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) All money received by the commission under this chapter, whether as assessments, proceeds from the sale of bonds, or revenues, are trust funds, to be held and applied solely as provided in this chapter. Current operating funds shall be kept in depositories selected by the commission. The commission shall deposit with the treasurer of state the money in the fund not currently needed to meet the obligations of the fund, and the treasurer of state shall invest such money for the commission in accordance with the provisions of any resolution or trust agreement that the commission adopts or enters into under this chapter. Interest that accrues from these investments shall be credited to the commission and to the fund.
(e) Money in the fund at the end of a particular fiscal year does not revert to the state general fund.
(f) The commission shall create a reserve account in the fund and shall capitalize the reserve account through the surcharges levied under section 7(b)(10) of this chapter.
As added by P.L.162-1986, SEC.1. Amended by P.L.272-1987, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-11. Fund Members; Eligibility; Assessments; Surcharge Levies; Payment of Liabilities

Sec. 11. All political subdivisions are eligible for membership in the fund. Each member of the fund:
(1) shall contribute to the fund in the amount of the assessment charged the member under this chapter;
(2) shall pay the annual surcharge levied against the member under this chapter; and
(3) is entitled to payment of its liabilities from the fund under this chapter.
As added by P.L.162-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-12. Assessments on Members of Fund

Sec. 12. (a) The commission shall impose an assessment to be paid by each member of the fund. The assessments to be paid by members of the fund shall be set in fairness to all members, based upon the uniform application of actuarial principles and underwriters' rating principles. A member shall pay its assessment in accordance with rules of the commission.
(b) The assessment for the first twelve (12) months of a political subdivision's membership in the fund shall be no greater than the payment made by the political subdivision to a commercial insurer for like coverage for the twelve (12) month period immediately preceding the political subdivision's application to become a member. In the case of an applicant not insured by a commercial insurer, the commission shall set the amount of the assessment for the first twelve (12) months of membership in accordance with subsection (a).
As added by P.L.162-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-13. Payment of Liabilities of Members of Fund; Primary Coverage

Sec. 13. (a) The commission shall pay liabilities of members of the fund in accordance with rules established by the commission.
(b) Payment from the fund for any liability covered under IC 34-13-3 (or IC 34-4-16.5 before its repeal) or for any other liability designated under rules adopted by the commission is primary coverage in relation to the following:
(1) Any insurance policy issued to a member of the fund that, by its terms, provides coverage secondary to coverage provided through membership in the fund.
(2) A fund member's own program of self insurance.
Payment of a liability identified in this subsection must be made within the limits set forth in section 14(b) of this chapter and irrespective of the existence of an insurance policy described in subdivision (1) or of a self insurance program described in subdivision (2).
As added by P.L.162-1986, SEC.1. Amended by P.L.1-1998, SEC.144.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-14. Eligibility and Guidelines for Payment From Fund

Sec. 14. (a) In order to be eligible for payment under this chapter, a liability of a political subdivision must arise out of a claim based upon an act or omission that takes place while the political subdivision is a member of the fund.
(b) The maximum amount payable from the fund for any liability, whether or not it is covered under IC 34-13-3 (or IC 34-4-16.5 before its repeal), is:
(1) for injury, death, or damage suffered by any one (1) person as a result of the act or omission from which the liability arises:
(A) three hundred thousand dollars ($300,000) for a cause of action that accrues before January 1, 2006;
(B) five hundred thousand dollars ($500,000) for a cause of action that accrues on or after January 1, 2006, and before January 1, 2008; or
(C) seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and
(2) one million dollars ($1,000,000) for all injury, death, or damage suffered by all persons as a result of the act or omission from which the liability arises.
(c) No amount may be paid from the fund in respect of punitive damages paid by or assessed against a member of the fund.
(d) No amount may be paid from the fund in the case of a liability based upon bodily injury or property damage arising out of the discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases, waste materials, or other irritants, contaminants, or pollutants into or upon land, the atmosphere, or any watercourse or body of water unless the discharge, dispersal, release, or escape:
(1) is caused by an act or omission of a political subdivision that is a member of the fund; and
(2) occurs as a result of:
(A) a household hazardous waste; or
(B) a conditionally exempt small quantity generator (as described in 40 CFR 261.5(a));
collection, disposal, or recycling project conducted by or controlled by the political subdivision.
(e) The commissioner may pay a liability of a member of the fund in a series of annual payments. The amount of any annual payment under this subsection must be one hundred thousand dollars ($100,000) or more, except for the final payment in a series of payments.
(f) The commission may negotiate a structured settlement of any claim.
(g) As used in this section, "household hazardous waste" means solid waste generated by households that consists of or contains a material that is:
(1) ignitable, as described in 40 CFR 261.21;
(2) corrosive, as described in 40 CFR 261.22;
(3) reactive, as described in 40 CFR 261.23; or
(4) toxic, as described in 40 CFR 261.24.
As added by P.L.162-1986, SEC.1. Amended by P.L.273-1987, SEC.1; P.L.256-1995, SEC.1; P.L.1-1998, SEC.145; P.L.108-2003, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-15. Filing Notice of Intent to Become Member of Fund; Relinquishing Membership in Fund

Sec. 15. (a) A political subdivision may become a member of the fund by filing a written notice of its intent to become a member with the commission by the date exactly six (6) months before the expiration date of the liability insurance policy covering the political subdivision on December 31, 1986.
(b) Each political subdivision that files a notice of intent to become a member of the fund by the date set forth in subsection (a) shall be granted membership in the fund. A political subdivision that files a notice of intent to become a member after the date set forth in subsection (a) may be admitted to or rejected for membership in the fund at the discretion of the commission.
(c) A rule adopted by the commission to establish the procedures described in section 7(b)(4) of this chapter may not provide that a political subdivision continues to be a member of the fund more than twelve (12) months after the political subdivision gives notice to the commissioner of its intention to relinquish its membership.
(d) After relinquishing its membership in the fund, a political subdivision remains liable for its pro rata share of assessments to pay for liabilities of fund members that arose out of claims based upon acts or omissions that took place while the political subdivision was a member of the fund. If a political subdivision fails to pay an assessment to which it is subject under this chapter, the commission may give notice to any department or agency of the state (including the treasurer of state or the auditor of state) that is the custodian of money payable to the delinquent political subdivision after the date of the notice, that the political subdivision is in default on the payment of an assessment under this chapter. After receiving this notice, the department or agency shall withhold the delinquent amount from money payable to the political subdivision and pay over the money to the commission to be applied against the delinquent assessment.
As added by P.L.162-1986, SEC.1. Amended by P.L.273-1987, SEC.2; P.L.272-1987, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-16. Appointment of Members; Rules

Sec. 16. (a) The governor shall appoint the initial members of the commission by May 1, 1986.
(b) The commission shall adopt rules under IC 4-22-2 for the implementation of this chapter by October 1, 1986, and shall adopt other rules as required after that date.
As added by P.L.162-1986, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-28. Authorized Actions of Commissioner; Fund

Sec. 28. (a) As used in this section, "fund" means the political subdivision risk management fund established by section 10 of this chapter.
(b) Upon a determination by the commissioner that:
(1) all members have withdrawn from the fund; and
(2) all payments of liabilities of former members of the fund have been determined and finalized;
the commissioner is authorized to take action under subsection (c).
(c) Under the circumstances set forth in subsection (b), the commissioner shall do the following with respect to the fund:
(1) Prevent any political subdivision that is not already a member of the fund from becoming a member.
(2) Decline to renew the membership of the political subdivisions that are members of the fund.
(3) Cease the operation of the fund.
(4) Distribute the balance in the fund, including the reserve account created under section 10(f) of this chapter, to former members of the fund, distributing to each former member of the fund an amount proportional to the total of:
(A) assessments paid under section 12 of this chapter; and
(B) surcharges paid under section 7(b)(10) of this chapter;
by the former member, regardless of when the former member withdrew from the fund.
As added by P.L.103-1998, SEC.1. Amended by P.L.46-2023, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29. Indiana Political Subdivision Risk Management Commission › 27-1-29-29. Expiration of Chapter; Certification by Commissioner

Sec. 29. (a) Except as provided in subsection (b), this chapter expires when the insurance commissioner certifies to the executive director of the legislative services agency that:
(1) the fund has no remaining members;
(2) all payments of liabilities of former members of the fund have been determined and finalized; and
(3) the balance in the fund has been distributed to former members of the fund in accordance with section 28(c)(4) of this chapter.
(b) This chapter does not expire under subsection (a) unless IC 27-1-29.1:
(1) has previously expired under IC 27-1-29.1-24; or
(2) expires under IC 27-1-29.1-24 at the same time as this chapter expires under subsection (a)(1) through (a)(3).
As added by P.L.46-2023, SEC.3.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-1. "Commission" Defined

Sec. 1. As used in this chapter, "commission" refers to the Indiana political subdivision risk management commission established by IC 27-1-29-5.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-3. "Liability" Defined

Sec. 3. As used in this chapter, "liability" means an obligation arising from:
(1) multiple claims for the payment of money that are within the limits set forth in IC 34-13-3-4 (or IC 34-4-16.5-4 before its repeal) and that arise from a single catastrophic occurrence; or
(2) any other claim for which coverage is provided for members of the fund under rules adopted by the commission.
As added by P.L.272-1987, SEC.7. Amended by P.L.1-1998, SEC.146.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-4. "Member" Defined

Sec. 4. As used in this chapter "member" refers to any political subdivision that has a membership in the fund, as provided in section 9 of this chapter.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-5. "Political Subdivision" Defined

Sec. 5. As used in this chapter, "political subdivision" has the meaning set forth in IC 34-6-2-110.
As added by P.L.272-1987, SEC.7. Amended by P.L.3-1989, SEC.152; P.L.1-1998, SEC.147.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-6. "Underlying Coverage" Defined

Sec. 6. As used in this chapter, "underlying coverage" refers to any liability insurance policy that names a member of the fund or its officials or employees as a named insured, an additional named insured, an insured, or an additional insured.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-7. Establishment of Fund; Purpose; Administration; Expenses; Depositories; Investment

Sec. 7. (a) The political subdivision catastrophic liability fund is established for the purpose of:
(1) paying a part of certain liabilities of members of the fund under this chapter;
(2) receiving assessments paid by fund members to replenish the fund and to pay the principal of the interest on bonds or notes issued by the commission under IC 27-1-29-17(b)(1); and
(3) receiving money from any other source.
(b) The fund shall be administered by the commission, using the powers granted in IC 27-1-29-7, as modified by this chapter.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) All money received by the commission under this chapter, whether as assessments, proceeds from the sale of bonds, or revenues, are trust funds, to be held and applied solely as provided in this chapter. Current operating funds shall be kept in depositories selected by the commission. The commission shall deposit with the treasurer of state the money in the fund not currently needed to meet the obligations of the fund, and the treasurer of state shall invest such money for the commission in accordance with the provisions of any resolution or trust agreement that the commission may adopt or enter into under this chapter or IC 27-1-29. Interest that accrues from these investments shall be credited to the commission and to the fund.
(e) Money in the fund at the end of a fiscal year does not revert to the state general fund.
As added by P.L.272-1987, SEC.7. Amended by P.L.159-1988, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-8. Reserve Account; Issuance of Bonds to Establish Account; Use of Funds

Sec. 8. (a) The commission shall establish a reserve account in the fund. A balance of at least five million dollars ($5,000,000) must remain in the reserve account. To provide money to establish the reserve account, the commission may issue bonds under IC 27-1-29-17(b)(1). The bonds issued to provide money for the establishment of the reserve account may not exceed a total amount of forty million dollars ($40,000,000).
(b) Money in the reserve account shall be held and applied solely to pay claims against the fund that cannot be paid from other money in the fund.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-9. Membership Eligibility; Rights and Duties

Sec. 9. All political subdivisions that satisfy the criteria for membership under the rules of the commission are eligible for membership in the fund. A political subdivision is not required to be a member of the political subdivision risk management fund under IC 27-1-29 to be eligible for membership in the fund established by this chapter. Each member of the fund:
(1) shall contribute to the fund in the amount of the assessment charged the member under this chapter; and
(2) is entitled to the partial payment of certain liabilities from the fund under this chapter.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-10. Liabilities Qualifying for Partial Payment From Fund; Notice of Claim

Sec. 10. (a) The commissioner, using money from the fund, shall pay a part of every liability that qualifies for partial payment under this chapter and under the terms of the coverage provided by the commission according to rules adopted under this chapter.
(b) A liability of a member of the fund that has no underlying coverage or that has occurrence basis underlying coverage qualifies for partial payment under this chapter if it:
(1) is a liability covered under the coverage document issued by the commission to the member;
(2) arises out of an act or omission that takes place while the political subdivision bearing the liability is a member of the fund; and
(3) satisfies the minimum total amount requirement set forth in section 12 of this chapter.
(c) A liability of a member of the fund that has claims made basis underlying coverage qualifies for partial payment under this chapter if it:
(1) is a liability covered under the coverage document issued by the commission to the member;
(2) arises out of an act or omission with respect to which a claim is made while the political subdivision bearing the liability is a member of the fund;
(3) is covered by the underlying coverage; and
(4) satisfies the minimum total amount requirement set forth in section 12 of this chapter.
(d) For the purposes of subsection (c)(2) and section 11 of this chapter, the question of when and how a claim is made shall be determined by the provisions of the insurance policy providing the underlying coverage. However, if the underlying coverage is not applicable to a liability, a claim is considered to have been made for purposes of subsection (c)(2) when notice of a claim giving rise to the liability is received by the fund member from the claimant or the claimant's representative.
As added by P.L.272-1987, SEC.7. Amended by P.L.159-1988, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-11. Preexisting Liabilities Qualifying for Partial Payment

Sec. 11. A liability that arises out of an act or omission that takes place before the political subdivision bearing the liability becomes a member of the fund does not qualify for partial payment under this chapter unless the liability:
(1) is expressly covered by the provisions of a coverage document that:
(A) is issued to the fund member; and
(B) is in effect when the claim is made; and
(2) is also covered by the underlying coverage that is claims made basis coverage.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-12. Liabilities of Members That Are or Are Not Also Members of Political Subdivision Risk Management Fund; Conditional Payment

Sec. 12. (a) A liability of a member of the fund that is not a member of the political subdivision risk management fund under IC 27-1-29 does not qualify for partial payment under this chapter unless the total amount of the liability exceeds:
(1) one million dollars ($1,000,000); or
(2) another sum that is:
(A) greater than one million dollars ($1,000,000); and
(B) approved by the commission as a provision of the fund member's coverage because the fund member has underlying coverage with limits of liability that exceed one million dollars ($1,000,000).
(b) A liability of a member of the fund that is also a member of the political subdivision risk management fund under IC 27-1-29 does not qualify for partial payment under this chapter unless the amount of the liability exceeds the amount of liability payable by the commission under IC 27-1-29 under the terms of the coverage document that is issued to the fund member and applicable to the liability.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-13. Liability Partial Payment Determination; Formula

Sec. 13. The amount that is to be paid by the commission toward the satisfaction of a liability qualifying for partial payment under this chapter is determined in STEP FOUR of the following formula:
STEP ONE: If the total amount of the liability exceeds five million dollars ($5,000,000), subtract five million dollars ($5,000,000) from the total amount of the liability.
STEP TWO: Add the remainder under STEP ONE to the minimum total amount figure that applies to the liability under section 12 of this chapter.
STEP THREE: Add to the sum determined under STEP TWO the total amount expended by the commission under section 16 of this chapter in defending the member of the fund against claims giving rise to the liability.
STEP FOUR: Subtract the sum determined under STEP THREE from the total amount of the liability.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-14. Excess Coverage Provided

Sec. 14. The coverage of a liability under this chapter is excess of any and all other valid and collectible insurance and coverage under liability risk management, risk sharing, and risk financing pools or funds.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-15. Single or Installment Payments; Limits

Sec. 15. An amount payable under section 13 of this chapter that is no more than ten thousand dollars ($10,000) may be paid in a single, immediate payment. An amount payable under section 13 of this chapter that is greater than ten thousand dollars ($10,000) shall be paid:
(1) in installments under section 18(c) of this chapter; or
(2) under a structured settlement negotiated under section 18(d) of this chapter.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-16. Defense of Claims; Expenses

Sec. 16. The commission may associate with a member of the fund in the defense of a claim and, if no defense is provided by the insurer providing the fund member's underlying coverage, the commission may defend the member and control that defense. Amounts expended by the commission from the fund under this section must be deducted under section 13 of this chapter from the amount to be paid by the commission toward the satisfaction of a liability.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-17. Biannual Recognition of Liabilities; Payment; Proration in Event of Insufficient Funds

Sec. 17. On June 30 and December 31 of every year, the commission shall recognize every liability that has qualified for partial payment under this section during the six (6) month period that ended on that day. The commission shall pay the part of each liability that is payable under section 13 of this chapter within fifteen (15) days after the liability is recognized as qualifying for partial payment. However, if the balance in the fund is insufficient to pay the full payable amount of every liability that has qualified for partial payment during a six (6) month period, the commission shall pay a prorated portion of each liability that qualified for partial payment during the period. Any part of the payable amount of a liability left unpaid due to the prorating of payments under this subsection must be paid before the payment of liabilities that qualify for partial payment during any of the following six (6) month periods.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-18. Punitive Damages; Bodily Injury or Property Damage; Installment Payments; Structured Settlements

Sec. 18. (a) No amount may be paid from the fund in respect of punitive damages paid by or assessed against a member of the fund.
(b) No amount may be paid from the fund in the case of a liability based upon bodily injury or property damage arising out of the discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases, waste materials, or other irritants, contaminants, or pollutants into or upon land, the atmosphere, or any watercourse or body of water unless the discharge, dispersal, release, or escape:
(1) is caused by an act or omission of a political subdivision that is a member of the fund; and
(2) occurs as a result of:
(A) a household hazardous waste; or
(B) a conditionally exempt small quantity generator (as described in 40 CFR 261.5(a);
collection, disposal, or recycling project conducted by or controlled by the political subdivision.
(c) The commissioner may pay a liability of a member of the fund in a series of annual payments. The amount of any annual payment under this subsection based upon the injury to or death of one (1) person in any one (1) occurrence must be one hundred thousand dollars ($100,000) or more, except for the final payment in a series of payments.
(d) The commission may negotiate a structured settlement of any claim.
(e) As used in this section, "household hazardous waste" means solid waste generated by households that consists of or contains a material that is:
(1) ignitable, as described in 40 CFR 261.21;
(2) corrosive, as described in 40 CFR 261.22;
(3) reactive, as described in 40 CFR 261.23; or
(4) toxic, as described in 40 CFR 261.24.
As added by P.L.272-1987, SEC.7. Amended by P.L.256-1995, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-19. Notice of Intent to Become Member of Fund

Sec. 19. (a) A political subdivision may become a member of the fund by filing a written notice of its intent to become a member with the commission by the latter of the following dates:
(1) December 31, 1987.
(2) The date exactly six (6) months before the expiration date of the liability insurance policy covering the political subdivision on December 31, 1987.
(b) Each political subdivision that files a notice of intent to become a member by the latter of the two (2) dates set forth in subsection (a) shall be granted membership in the fund. A political subdivision that files a notice of intent to become a member after the latter of the two (2) dates set forth in subsection (a) may be admitted to or rejected for membership in the fund at the discretion of the commission.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-20. Implementing Rules; Coverage Limitations; Commission Powers; Rules Governing Relinquishment of Membership in Fund

Sec. 20. (a) The commission shall adopt rules under IC 4-22-2 to implement this chapter.
(b) The commission, in accordance with the rules adopted under subsection (a), may, in whole or in part, conform or limit the coverage provided to a member of the fund under this chapter (as described in the coverage document issued to the member by the commission) with the provisions of insurance policies providing underlying coverage to the fund member.
(c) In accordance with the rules adopted under subsection (a), the commission may provide, to a member of the fund that is not a member of the political subdivision risk management fund under IC 27-1-29, coverage of a liability that exceeds the amount of one million dollars ($1,000,000) but that is subject to reduction by exhaustion of the aggregate limits of liability in the fund member's underlying coverage.
(d) In accordance with the rules adopted under subsection (a), the commission may provide, to a member of the fund that is also a member of the political subdivision risk management fund under IC 27-1-29, coverage of liabilities for which no coverage is provided under IC 27-1-29.
(e) Except as otherwise specifically provided in this chapter, the commission has the same powers in the administration of the fund as it has in the administration of the political subdivision risk management fund under IC 27-1-29-7(b). A rule adopted by the commission to establish the procedure by which a political subdivision can withdraw from membership in the fund may not provide that a political subdivision continues to be a member of the fund more than twelve (12) months after the political subdivision gives notice to the commissioner of its intention to relinquish its membership.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-21. Relinquishment of Membership in Fund; Prerelinquishment Liabilities; Assessments

Sec. 21. After relinquishing its membership in the fund, a political subdivision remains liable for its pro rata share of assessments to pay for liabilities of fund members that arose out of claims based upon acts or omissions that took place while the political subdivision was a member of the fund. If a political subdivision fails to pay an assessment to which it is subject under this chapter, the commission may give notice to any department or agency of the state (including the treasurer of state or the auditor of state) that is the custodian of money payable to the delinquent political subdivision after the date of the notice, that the political subdivision is in default on the payment of an assessment under this chapter. After receiving this notice, the department or agency shall withhold the delinquent amount from the money payable to the political subdivision and pay over the money to the commission to be applied against the delinquent assessment.
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-22. Assessments on Members of Fund

Sec. 22. (a) The commission shall impose an assessment to be paid by each member of the fund. The assessments to be paid by members of the fund shall be determined by the commission and must be fair to all members, in consideration of the uniform application of actuarial principles and underwriters' rating principles and in consideration of the need to pay the principal of and interest on bonds or notes issued under IC 27-1-29-17(b)(1). A member shall pay its assessment in accordance with rules of the commission.
(b) The assessment for the first twelve (12) months of a political subdivision's membership in the fund shall be no greater than the payment made by the political subdivision to a commercial insurer for like coverage for the twelve (12) month period immediately preceding the political subdivision's application to become a member. In the case of an applicant not insured by a commercial insurer, the department shall set the amount of the assessment for the first twelve (12) months of membership in accordance with subsection (a).
As added by P.L.272-1987, SEC.7.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-23. Authorized Actions of Commissioner; Fund

Sec. 23. (a) Upon a determination by the commissioner that:
(1) all members have withdrawn from the fund; and
(2) all payments of liabilities of former members of the fund have been determined and finalized;
the commissioner is authorized to take action under subsection (b).
(b) Under the circumstances set forth in subsection (a), the commissioner shall do the following with respect to the fund:
(1) Prevent any political subdivision that is not already a member of the fund from becoming a member.
(2) Decline to renew the membership of the political subdivisions that are members of the fund.
(3) Cease operation of the fund.
(4) Distribute the balance in the fund, including the reserve account created under section 8 of this chapter, to former members of the fund, distributing to each former member of the fund an amount proportional to the total of assessments paid under section 22 of this chapter by the former member, regardless of when the former member withdrew from the fund.
As added by P.L.46-2023, SEC.4.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 29.1. Political Subdivision Catastrophic Liability Fund › 27-1-29.1-24. Expiration of Chapter; Certification by Commissioner

Sec. 24. This chapter expires when the insurance commissioner certifies to the executive director of the legislative services agency that:
(1) the fund has no remaining members;
(2) all payments of liabilities of former members of the fund have been determined and finalized; and
(3) the balance in the fund has been distributed to former members of the fund in accordance with section 23(b)(4) of this chapter.
As added by P.L.46-2023, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 30. Group Casualty and Liability Insurance for Foster Parents › 27-1-30-2. "Casualty and Liability Insurance" Defined

Sec. 2. As used in this chapter, "casualty and liability insurance" means the types of insurance described in IC 27-1-5-1, Class 2(h) and 2(l).
As added by P.L.270-1987, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 30. Group Casualty and Liability Insurance for Foster Parents › 27-1-30-3. "Casualty Insurance Company" Defined

Sec. 3. As used in this chapter, "casualty insurance company" has the meaning set forth in IC 27-1-2-3(t).
As added by P.L.270-1987, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 30. Group Casualty and Liability Insurance for Foster Parents › 27-1-30-4. "Foster Parent" Defined

Sec. 4. As used in this chapter, "foster parent" means a person who holds a license to operate a foster family home under IC 31-27.
As added by P.L.270-1987, SEC.2. Amended by P.L.99-1988, SEC.24; P.L.2-1992, SEC.782; P.L.81-1992, SEC.35; P.L.1-1993, SEC.200; P.L.61-1993, SEC.64; P.L.145-2006, SEC.165.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 30. Group Casualty and Liability Insurance for Foster Parents › 27-1-30-5. Issuance of Group Policies

Sec. 5. An insurer authorized under IC 27-1-3-20 to transact business as a casualty insurance company may provide casualty and liability insurance to foster parents on a group basis. A policy may not be issued or renewed to provide group coverage under this chapter to a group that includes fewer than ten (10) members.
As added by P.L.270-1987, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 30. Group Casualty and Liability Insurance for Foster Parents › 27-1-30-6. Administrative Regulations

Sec. 6. The insurance commissioner may promulgate regulations under IC 4-22-2 that he considers necessary for the proper administration of this chapter.
As added by P.L.270-1987, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 30.4. Group Property and Casualty Insurance for Permitted Groups › 27-1-30.4-1. "Permitted Group"

Sec. 1. As used in this chapter, "permitted group" means a group of ten (10) or more commercial, business, or not-for-profit entities that have a preexisting relationship to one another through:
(1) a common trade;
(2) an association;
(3) an affiliation; or
(4) another organizational relationship that is separate and distinct from any group insurance arrangement of the group.
As added by P.L.165-2022, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 30.4. Group Property and Casualty Insurance for Permitted Groups › 27-1-30.4-2. "Property and Casualty Insurance"

Sec. 2. As used in this chapter, "property and casualty insurance" means one (1) or more of the types of insurance described in IC 27-1-5-1, Class 2 and Class 3.
As added by P.L.165-2022, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 30.4. Group Property and Casualty Insurance for Permitted Groups › 27-1-30.4-3. "Property and Casualty Insurance Company"

Sec. 3. As used in this chapter, "property and casualty insurance company" means a company authorized to make one (1) or more types of property or casualty insurance.
As added by P.L.165-2022, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 30.4. Group Property and Casualty Insurance for Permitted Groups › 27-1-30.4-4. Permitting Provision of Property and Casualty Insurance on a Group Basis

Sec. 4. (a) An insurer authorized under IC 27-1-3-20 to transact business as a property and casualty insurance company may provide property and casualty insurance to a permitted group on a group basis.
(b) A policy may not be issued or renewed to provide group coverage under this chapter to a group that includes fewer than ten (10) commercial, business, or not-for-profit entities as part of the group.
As added by P.L.165-2022, SEC.5.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 31. Cancellation and Nonrenewal of Commercial Property and Casualty Insurance › 27-1-31-1. Application of Chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all lines of commercial property and casualty insurance.
(b) This chapter:
(1) does not apply to the cancellation or nonrenewal of automobile insurance policies, as restricted under IC 27-7-6; and
(2) does not affect requirements applying to:
(A) the cancellation of medical malpractice insurance policies under IC 34-18-13-4 (or IC 27-12-13-4 before its repeal); or
(B) the cancellation of property or liability insurance by a creditor under IC 24-4.5-4-304.
As added by P.L.271-1987, SEC.4. Amended by P.L.2-1993, SEC.149; P.L.224-1993, SEC.1; P.L.1-1998, SEC.148.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 31. Cancellation and Nonrenewal of Commercial Property and Casualty Insurance › 27-1-31-2. Grounds for Cancellation; Notice of Cancellation

Sec. 2. (a) An insurer may not cancel a policy of insurance that the insurer has written that has been in effect more than ninety (90) days unless:
(1) the insured under the policy has failed to pay the premium;
(2) there is a substantial change in the scale of risk covered by the policy;
(3) the insured has perpetrated a fraud or material misrepresentation upon the insurer;
(4) the insured has failed to comply with reasonable safety recommendations; or
(5) reinsurance of the risk associated with the policy has been cancelled.
(b) An insurer shall mail a written notice of cancellation to a person insured under a policy issued by the insurer at least:
(1) forty-five (45) days before cancelling the policy for any reason set forth in subsection (a)(2), (a)(4), or (a)(5);
(2) twenty (20) days before cancelling the policy for the reason set forth in subsection (a)(3); or
(3) ten (10) days before cancelling the policy for the reason set forth in subsection (a)(1).
As added by P.L.271-1987, SEC.4. Amended by P.L.162-1988, SEC.3; P.L.196-2021, SEC.26.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 31. Cancellation and Nonrenewal of Commercial Property and Casualty Insurance › 27-1-31-2.5. Notice of Cancellation

Sec. 2.5. An insurer may cancel a policy of insurance that the insurer has written that has been in effect ninety (90) days or less by mailing a written notice of cancellation to a person insured under the policy at least:
(1) ten (10) days before cancelling if an insured has failed to pay a premium;
(2) twenty (20) days before cancelling if the insured has perpetrated a fraud or material misrepresentation upon the insurer; or
(3) thirty (30) days before cancelling for any other reason.
As added by P.L.162-1988, SEC.4. Amended by P.L.196-2021, SEC.27.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 31. Cancellation and Nonrenewal of Commercial Property and Casualty Insurance › 27-1-31-3. Notice of Nonrenewal

Sec. 3. (a) If an insurer refuses to renew a policy of insurance written by the insurer, the insurer shall mail written notice of nonrenewal to the insured:
(1) at least forty-five (45) days before the expiration date of the policy, if the coverage provided is for one (1) year, or less; or
(2) at least forty-five (45) days before the anniversary date of the policy, if the coverage provided is for more than one (1) year.
(b) A notice of nonrenewal is not required 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.
As added by P.L.271-1987, SEC.4. Amended by P.L.160-2003, SEC.23; P.L.148-2017, SEC.7; P.L.196-2021, SEC.28.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 33. Managing General Agents › 27-1-33-3. Insurer

Sec. 3. As used in this chapter, "insurer" means any person, firm, association, or corporation duly authorized to act in Indiana as an insurance company pursuant to IC 27-1.
As added by P.L.1-1992, SEC.148.