reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 39. Independent Educational Institution Self-Insurance Consortium › 27-1-39-5. "Member" Defined

Sec. 5. As used in this chapter, "member" means an independent postsecondary educational institution that enters into an agreement under section 7 of this chapter to form a consortium.
As added by P.L.38-2006, SEC.1. Amended by P.L.2-2007, SEC.353.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 39. Independent Educational Institution Self-Insurance Consortium › 27-1-39-6. "Self-Insurance Fund" Defined

Sec. 6. As used in this chapter, "self-insurance fund" means a fund established by a consortium to provide money sufficient to:
(1) cover self-insured risk retained by the consortium;
(2) pay premiums for stop-loss insurance coverage; and
(3) pay the administrative and other costs of the consortium.
As added by P.L.38-2006, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 39. Independent Educational Institution Self-Insurance Consortium › 27-1-39-7. Establishing Self-Insurance Consortium and Trust

Sec. 7. (a) Notwithstanding any other law, two (2) or more independent postsecondary educational institutions may establish a trust under Indiana law to establish and maintain a self-insurance consortium through which the independent educational institutions jointly maintain a self-insurance fund to cover certain retained risks and jointly purchase stop-loss insurance coverage. The coverage for retained risks or stop-loss insurance coverage provided for through the trust may include any of the following types of coverage:
(1) Property and casualty coverage.
(2) Worker's compensation coverage.
(3) Employee health coverage.
(4) Employee vision coverage.
(5) Employee dental coverage.
(6) Other coverage.
(b) If the coverage described in subsection (a)(3), (a)(4), or (a)(5) is provided through the self-insurance fund, the coverage must be provided through a multiple employer welfare arrangement regulated under IC 27-1-34.
As added by P.L.38-2006, SEC.1. Amended by P.L.2-2007, SEC.354.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 39. Independent Educational Institution Self-Insurance Consortium › 27-1-39-9. Regulation of Trust

Sec. 9. A trust created under section 7 of this chapter is subject to regulation by the department as follows:
(1) The trust must be registered with the department.
(2) The trust shall:
(A) retain a total risk for the self-insurance fund of not more than one hundred twenty-five percent (125%) of the amount of expected claims for the following year; and
(B) obtain stop-loss insurance issued by an insurer authorized to do business in Indiana to cover losses in excess of the amount retained under clause (A).
(3) Contributions by the members must be set to fund one hundred percent (100%) of the total risk retained under subdivision (2)(A) plus all other costs of the trust.
(4) The trust shall maintain a fidelity bond in an amount approved by the department, covering each person responsible for the trust, to protect against acts of fraud or dishonesty in servicing the trust.
(5) The trust is subject to IC 27-4-1-4.5 regarding claims settlement practices.
(6) The trust shall, before March 1 of each year, file an annual financial statement in the form required by IC 27-1-3-13.
(7) The trust is not a member of the Indiana insurance guaranty association under IC 27-6-8. The liability of each member is joint and several.
(8) The trust is subject to examination by the department. The trust shall pay all costs associated with an examination.
(9) The department may deny, suspend, or revoke the registration of the trust if the commissioner finds that the trust:
(A) is in a hazardous financial condition;
(B) refuses to be examined or produce records for examination; or
(C) has failed to pay a final judgment rendered against the trust by a court within thirty (30) days.
As added by P.L.38-2006, SEC.1. Amended by P.L.1-2007, SEC.184.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 40. Entry of Unauthorized Alien Companies › 27-1-40-1. "Trusteed Surplus"

Sec. 1. As used in this chapter, "trusteed surplus" means the aggregate value of a United States branch's:
(1) surplus and reserve funds required under IC 27-1-6; and
(2) trust assets described in section 4 of this chapter;
plus investment income accrued on the items described in subdivisions (1) and (2) if the investment income is collected by the state for the trustees, less the aggregate net amount of all of the United States branch's reserves and other liabilities in the United States, as determined under section 6 of this chapter.
As added by P.L.173-2007, SEC.20. Amended by P.L.3-2008, SEC.210.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 40. Entry of Unauthorized Alien Companies › 27-1-40-2. "United States Branch"

Sec. 2. As used in this chapter, "United States branch" means:
(1) an entity that is considered, for purposes of this chapter, to be a domestic company through which insurance business is transacted in the United States by an alien company; and
(2) the alien company's assets and liabilities that are attributable to the insurance business transacted in the United States.
As added by P.L.173-2007, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 40. Entry of Unauthorized Alien Companies › 27-1-40-3. Indiana as State of Entry for Alien Company

Sec. 3. Indiana may serve as a state of entry to enable an alien company to transact insurance business in the United States through a United States branch if the United States branch:
(1) qualifies under this title for a certificate of authority as if the United States branch were a domestic company organized under this title; and
(2) establishes a trust account that meets the following conditions:
(A) The trust account is established under a trust agreement approved by the commissioner with a United States bank.
(B) The amount in the trust account is at least equal to:
(i) the minimum capital and surplus requirements; or
(ii) the authorized control level risk based capital requirements;
whichever is greater, that apply to a domestic company that possesses a certificate of authority to transact the same kind of insurance business in Indiana as the United States branch will transact.
As added by P.L.173-2007, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 40. Entry of Unauthorized Alien Companies › 27-1-40-5. Certificate of Authority for United States Branch; Requirements

Sec. 5. (a) The commissioner shall require a United States branch to do the following before granting the United States branch a certificate of authority to transact insurance business as described in section 3(1) of this chapter:
(1) Comply with this chapter and any other requirement of this title.
(2) Submit the following:
(A) A copy of the current charter and bylaws of the alien company that intends to transact business through the United States branch and any other documents determined by the commissioner to be necessary to provide evidence of the kinds of insurance business that the alien company is authorized to transact. Documents submitted under this clause must be attested to as accurate by the insurance supervisory official in the alien company's domiciliary jurisdiction.
(B) A full statement, subscribed and affirmed as true under penalty of perjury by two (2) officers or equivalent responsible representatives of the alien company in a manner prescribed by the commissioner, of the alien company's financial condition as of the close of the alien company's latest fiscal year, showing the alien company's:
(i) assets;
(ii) liabilities;
(iii) income disbursements;
(iv) business transacted; and
(v) other facts required to be shown in the alien company's annual statement reported to the insurance supervisory official in the alien company's domiciliary jurisdiction.
(C) An English translation, if necessary, of any document submitted under this subdivision.
(3) Submit to an examination of the affairs of the alien company that intends to transact business through the United States branch at the alien company's principal office in the United States. However, the commissioner may accept a report of the insurance supervisory official in the alien company's domiciliary jurisdiction in lieu of the examination required under this subdivision.
(b) The commissioner may at any time hire, at a United States branch's expense, any independent experts that the commissioner considers necessary to implement this chapter with respect to the United States branch.
As added by P.L.173-2007, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 40. Entry of Unauthorized Alien Companies › 27-1-40-7. Issuance and Renewal of Certificate of Authority

Sec. 7. (a) Before issuing a new or renewal certificate of authority to a United States branch, the commissioner may require satisfactory proof:
(1) in the charter of the alien company transacting business through the United States branch;
(2) by an agreement evidenced by a certified resolution of the alien company's board of directors; or
(3) otherwise as required by the commissioner;
that the United States branch will not engage in any insurance business not authorized by this chapter and by the alien company's charter.
(b) The commissioner shall issue a renewal certificate of authority to a United States branch if the commissioner is satisfied that the United States branch is not delinquent in any requirement of this title and that the United States branch's continued insurance business in Indiana is not contrary to the best interest of the citizens of Indiana.
(c) A United States branch may not be:
(1) granted a certificate of authority to transact any kind of insurance business in Indiana that is not permitted to be transacted in Indiana by a domestic company granted a certificate of authority under this title; or
(2) authorized to transact an insurance business in Indiana if the United States branch transacts, anywhere in the United States, any kind of business other than an insurance business (and business incidental to the kind of insurance business) that the United States branch is authorized to transact in Indiana.
(d) A United States branch entering the United States through Indiana or another state may not be authorized to transact an insurance business in Indiana if the United States branch fails to substantially comply with any requirement of this title that:
(1) applies to a similar domestic company that is organized after July 1, 2007; and
(2) the commissioner determines is necessary to protect the interest of the policyholders.
(e) Unless the commissioner determines that the kind of insurance is not contrary to the best interest of the citizens of Indiana, a United States branch may not transact any kind of insurance business that is not permitted to be transacted in Indiana by a similar domestic company that is organized after July 1, 2007.
(f) A United States branch may not be authorized to transact an insurance business in Indiana unless the United States branch maintains correct and complete records of the United States branch's transactions that are:
(1) open to inspection by any person who has the right to inspect the records; and
(2) maintained at the United States branch's principal office in Indiana.
As added by P.L.173-2007, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 40. Entry of Unauthorized Alien Companies › 27-1-40-8. Insolvency Proceedings

Sec. 8. If the commissioner determines from a quarterly or annual statement, a trusteed surplus statement, or another report that a United States branch's trusteed surplus is less than:
(1) the minimum capital and surplus requirements; or
(2) the authorized control level risk based capital requirements;
whichever is greater, that apply to a domestic insurer granted a certificate of authority to transact the same kind of insurance business in Indiana, the commissioner may proceed under IC 27-9 against the United States branch as if the United States branch were an insurer in such condition that further transaction by the insurer of insurance business in the United States would be hazardous to the insurer's policyholders, creditors, or residents of the United States.
As added by P.L.173-2007, SEC.20.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 41. Group Personal Excess or Umbrella Liability Insurance › 27-1-41-1. "Certificate"

Sec. 1. As used in this chapter, "certificate" means a document issued to an individual group member as evidence of the group member's coverage under a master group insurance policy.
As added by P.L.32-2012, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 41. Group Personal Excess or Umbrella Liability Insurance › 27-1-41-2. "Group"

Sec. 2. As used in this chapter, "group" means the following:
(1) The membership of any of the following:
(A) A trade association.
(B) A professional association.
(C) A labor union.
(D) An employee association.
(E) A club.
(F) A league.
(G) A fraternity.
(H) A guild.
(I) Another organization.
(2) The employees of any of the following:
(A) An employer.
(B) Two (2) or more employers.
As added by P.L.32-2012, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 41. Group Personal Excess or Umbrella Liability Insurance › 27-1-41-3. "Group Administrator"

Sec. 3. As used in this chapter, "group administrator" means the officers or directors of a group or any other person legally vested with the responsibility to manage the affairs of a group. In the case of a group that consists of employees of a single employer, the employer is considered to be the group administrator.
As added by P.L.32-2012, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 41. Group Personal Excess or Umbrella Liability Insurance › 27-1-41-4. "Group Insurance Policy"

Sec. 4. As used in this chapter, "group insurance policy" means a policy of insurance that provides personal excess liability insurance or personal umbrella liability insurance to participating group members under one (1) master policy:
(1) that is issued to the group administrator; and
(2) under which individual certificates are issued to each participating group member.
As added by P.L.32-2012, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 41. Group Personal Excess or Umbrella Liability Insurance › 27-1-41-5. Authorization to Issue Group Insurance Policy

Sec. 5. An insurer that is:
(1) authorized under IC 27-1-3-20 to engage in the business of insurance in Indiana; or
(2) doing business with an insurance producer that is licensed under IC 27-1-15.8;
may issue a group insurance policy in Indiana.
As added by P.L.32-2012, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 41. Group Personal Excess or Umbrella Liability Insurance › 27-1-41-6. Group Eligibility Requirements

Sec. 6. (a) A group described in section 2(1) of this chapter must meet the following requirements to be eligible to purchase coverage under a group insurance policy:
(1) The group consists of at least ten (10) individuals who are members.
(2) The group has been in existence for at least two (2) years.
(3) The group was formed for a purpose other than the purchase of insurance.
(b) A group described in section 2(2) of this chapter may include each of the following as a group member:
(1) An employee of a subsidiary or an affiliate of the employer.
(2) A retired employee of the employer.
(3) An individual business owner or proprietor who is the employer.
(4) A partner of a partnership that is the employer.
(5) A director or retired director of the employer.
(6) A former employee, owner, proprietor, partner, or director who purchased coverage under a group insurance policy before leaving the position.
(7) A spouse, child, or household resident of any individual described in subdivisions (1) through (6).
(c) A group is not eligible to purchase, and an insurer shall not provide to the group, coverage under a group insurance policy if:
(1) the purchase of insurance is a condition of membership in the group; or
(2) a group member is penalized by the group as a result of the group member refusing coverage under a group insurance policy.
As added by P.L.32-2012, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 41. Group Personal Excess or Umbrella Liability Insurance › 27-1-41-7. Rates

Sec. 7. An insurer may apply to a group insurance policy a lower rate than the rate shown in the insurer's manual for insurance policies that are:
(1) of the same type as the group insurance policy; and
(2) individually issued to insureds of the same class as the group members insured under the group insurance policy.
As added by P.L.32-2012, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 41. Group Personal Excess or Umbrella Liability Insurance › 27-1-41-8. Premium Payment

Sec. 8. (a) A group administrator may, if authorized by the insurer, aggregate the group members' premiums and remit the premiums to the insurer or insurance producer.
(b) If an insurer authorizes payment of premiums as described in subsection (a), payment of a premium by a group member to the group administrator is considered to be payment to the insurer.
(c) An employer or group administrator of a group described in section 2(2) of this chapter may remit premiums to an insurer through an employee benefit plan.
As added by P.L.32-2012, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 41. Group Personal Excess or Umbrella Liability Insurance › 27-1-41-9. Certificate of Coverage; Notice

Sec. 9. (a) A certificate that is issued under a group insurance policy to an individual participating group member must include the following information:
(1) The full name and address of the insurer.
(2) The policy number of the master policy.
(3) The full name, address, and telephone number of the group administrator that holds the master policy.
(4) A description of the coverage provided under the certificate, including the amount and term of the coverage.
(5) The amount of premium charged to the individual participating group member for the coverage.
(6) Coverage limits that specifically apply under the individual participating group member's certificate.
(7) Unless:
(A) the master policy is incorporated by reference in the certificate; and
(B) a copy of the master policy accompanies the certificate;
all material terms and conditions of coverage under the certificate.
(b) An insurer shall provide to each individual participating group member separate notice that provides instructions on claim submission procedures.
(c) An insurer or group administrator shall deliver to each individual participating group member a certificate, an amended certificate, or an endorsement to a certificate if any of the following occurs:
(1) A change in coverage limits.
(2) A change in the type of coverage provided.
(3) An addition to, reduction in, or elimination of coverage provided.
(4) An addition of an exclusion of coverage.
As added by P.L.32-2012, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 41. Group Personal Excess or Umbrella Liability Insurance › 27-1-41-10. Cancellation; Refusal to Renew

Sec. 10. (a) An insurer may cancel or refuse to renew an individual certificate while maintaining in force the master policy and other individual certificates issued under the master policy.
(b) An insurer that cancels or refuses to renew a master policy shall, within a period determined by the commissioner, provide:
(1) to the group administrator; and
(2) to each individual participating group member;
written notice of the cancellation or refusal to renew.
As added by P.L.32-2012, SEC.2.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 42. Certificates of Insurance › 27-1-42-1. Application of Chapter

Sec. 1. This chapter applies to a certificate of insurance that is issued in connection with a contract related to property, operations, or risks located in Indiana, regardless of the location of the policyholder, insurer, insurance producer, or person that requests or requires the issuance of the certificate of insurance.
As added by P.L.70-2013, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 42. Certificates of Insurance › 27-1-42-2. "Certificate of Insurance"

Sec. 2. (a) As used in this chapter, "certificate of insurance" means a document prepared by an insurer or insurance producer as evidence of property or casualty insurance coverage.
(b) The term does not include a policy of insurance, an insurance binder, a policy endorsement, or a motor vehicle insurance identification or information card.
As added by P.L.70-2013, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 42. Certificates of Insurance › 27-1-42-6. "Insurer"

Sec. 6. As used in this chapter, "insurer" refers to an insurer (as defined in IC 27-1-2-3) that issues a policy of property or casualty insurance.
As added by P.L.70-2013, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 42. Certificates of Insurance › 27-1-42-8. "Property or Casualty Insurance"

Sec. 8. As used in this chapter, "property or casualty insurance" means one (1) or more of the kinds of insurance described in Class 2 and Class 3 of IC 27-1-5-1.
As added by P.L.70-2013, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 42. Certificates of Insurance › 27-1-42-9. Unfair or Deceptive Acts

Sec. 9. (a) The use of a certificate of insurance form that:
(1) is unfair, misleading, or deceptive; or
(2) violates any law;
is an unfair and deceptive act or practice in the business of insurance under IC 27-4-1-4.
(b) If:
(1) the commissioner has reason to believe that a certificate of insurance form is described in subsection (a)(1) or (a)(2); and
(2) the certificate of insurance form was provided by a financial institution;
the commissioner may refer the matter to the department of financial institutions for review under IC 28.
As added by P.L.70-2013, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 42. Certificates of Insurance › 27-1-42-10. Limits of Certificate of Insurance

Sec. 10. A certificate of insurance does not:
(1) amend, extend, or alter the coverage provided under; or
(2) confer to a person any rights in addition to the rights expressly provided in;
the policy of property or casualty insurance to which the certificate of insurance refers.
As added by P.L.70-2013, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 42. Certificates of Insurance › 27-1-42-11. Preparation of Certificate of Insurance

Sec. 11. A person may not prepare or issue, or request or require the issuance of, a certificate of insurance that:
(1) contains false or misleading information concerning; or
(2) alters, amends, or extends the coverage provided by;
the policy of property or casualty insurance to which the certificate of insurance refers.
As added by P.L.70-2013, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 42. Certificates of Insurance › 27-1-42-12. Not a Warranty

Sec. 12. (a) A certificate of insurance must not contain a warranty that the policy of property or casualty insurance to which the certificate of insurance refers complies with the insurance or indemnification requirements of a contract.
(b) The inclusion of a contract number or contract description in a certificate of insurance does not warrant that the policy of property or casualty insurance to which the certificate of insurance refers complies with the insurance or indemnification requirements of the contract.
As added by P.L.70-2013, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 42. Certificates of Insurance › 27-1-42-13. Notice Rights Are Under Policy

Sec. 13. (a) A person is not entitled to notice of:
(1) cancellation of;
(2) nonrenewal of; or
(3) a material change in;
a policy of property or casualty insurance unless the person has notice rights under the terms of the policy of property or casualty insurance or an endorsement to the policy.
(b) The terms and conditions of notice described in subsection (a) are governed by the policy of property or casualty insurance or an endorsement to the policy and are not altered by a certificate of insurance.
As added by P.L.70-2013, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 42. Certificates of Insurance › 27-1-42-15. Examinations and Penalties

Sec. 15. (a) The commissioner may examine and investigate the activities of a person that the commissioner reasonably believes has violated this chapter.
(b) The commissioner may issue a cease and desist order or impose a civil penalty of not more than one thousand dollars ($1,000) for each violation of this chapter.
As added by P.L.70-2013, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43. Electronic Delivery of Notices and Documents › 27-1-43-1. "Electronic Delivery"

Sec. 1. As used in this chapter, "electronic delivery" or "electronically delivered" includes the following:
(1) Delivery to an electronic mail address at which a party has consented to receive notices or documents.
(2) Posting on an electronic network or web site accessible via the Internet, a mobile application, a computer, a mobile device, a tablet, or another electronic device, with separate notice delivered to the electronic mail address at which a party has consented to receive notice of the posting.
As added by P.L.119-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43. Electronic Delivery of Notices and Documents › 27-1-43-2. "Party"

Sec. 2. (a) As used in this chapter, "party" means a recipient of a notice or document required as part of an insurance transaction.
(b) The term includes an applicant, an insured, a policyholder, and an annuity contract holder.
As added by P.L.119-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43. Electronic Delivery of Notices and Documents › 27-1-43-4. Application of Other Legal Requirements; Legal Effect

Sec. 4. (a) This chapter does not affect any applicable legal requirement related to content or timing of a notice or document.
(b) If another law requiring a notice or document to be provided to a party expressly requires verification or acknowledgment of receipt of the notice or document, electronic delivery of the notice or document is permitted only if the method of electronic delivery provides for verification or acknowledgment of receipt.
(c) The legal effectiveness, validity, or enforceability of a contract or policy of insurance executed by a party may not be denied solely because of the failure of the insurer to obtain electronic consent or confirmation of consent of the party in accordance with section 3(d)(3)(B) of this chapter.
As added by P.L.119-2014, SEC.1. Amended by P.L.196-2021, SEC.30.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43. Electronic Delivery of Notices and Documents › 27-1-43-5. Withdrawal of Consent to Electronic Delivery

Sec. 5. (a) A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice or document that is electronically delivered to the party before the withdrawal of consent is effective.
(b) A withdrawal of consent by a party is effective thirty (30) days after the insurer receives notice of the withdrawal.
(c) An insurer's failure to comply with section 3(d)(4) of this chapter is, at the election of the party, considered to be a withdrawal of the party's consent under this chapter.
As added by P.L.119-2014, SEC.1. Amended by P.L.196-2021, SEC.31.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43. Electronic Delivery of Notices and Documents › 27-1-43-6. Application of Chapter

Sec. 6. (a) This chapter does not apply to a notice or document that is electronically delivered:
(1) by an insurer before July 1, 2014; and
(2) to a party who, before July 1, 2014, consented to receive electronically delivered notices or documents as otherwise allowed by law.
(b) If:
(1) the consent of a party to receive certain electronically delivered notices or documents is on file with an insurer before July 1, 2014; and
(2) the insurer intends to electronically deliver additional notices or documents to the party under this chapter;
the insurer shall, before electronically delivering the additional notices or documents, notify the party that notices or documents that were not previously electronically delivered may now be electronically delivered under this chapter and that the party has a right to withdraw consent to electronic delivery of notices or documents.
As added by P.L.119-2014, SEC.1.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43. Electronic Delivery of Notices and Documents › 27-1-43-7. Electronic Oral Communications

Sec. 7. (a) Except as otherwise provided by law, if an oral communication or a recording of an oral communication from a party can be reliably stored and reproduced by an insurer, the oral communication or recording may qualify as an electronically delivered notice or document under this chapter.
(b) If a provision of this title or other applicable law requires a signature, notice, or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if:
(1) the electronic signature of the person authorized to notarize, acknowledge, verify, or give an oath; and
(2) all other information required to be included by the provision;
are attached to or logically associated with the signature, notice, or document.
As added by P.L.119-2014, SEC.1. Amended by P.L.5-2015, SEC.60.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43. Electronic Delivery of Notices and Documents › 27-1-43-8. Federal Law; Exemption From Applicability

Sec. 8. (a) This chapter does not modify, limit, or supersede the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.).
(b) This chapter does not apply to a document to which IC 27-1-44 applies.
(c) This chapter does not apply to a notice or document related to title insurance (as defined in IC 27-7-3-2).
As added by P.L.119-2014, SEC.1. Amended by P.L.146-2015, SEC.28.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43. Electronic Delivery of Notices and Documents › 27-1-43-9. Insurance Producer Immunity

Sec. 9. An insurance producer is not liable for harm or injury that occurs in relation to electronic delivery or nondelivery of a notice or document covered under this chapter.
As added by P.L.129-2014, SEC.9.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-1. "Ancillary Protection Product"

Sec. 1. (a) As used in this chapter, "ancillary protection product" means a protective chemical, substance, device, or system that is:
(1) installed on or applied to a motor vehicle;
(2) formulated or designed to:
(A) prevent; or
(B) minimize the likelihood of;
a specified loss or damage to a motor vehicle from a specific cause; and
(3) sold with a service contract under which the provider agrees to pay specified incidental costs incurred by the holder as a result of the failure of the chemical, substance, device, or system to prevent or minimize the loss or damage described in subdivision (2).
(b) As used in this chapter, "ancillary protection product" includes the following:
(1) Protective chemicals.
(2) Alarm systems.
(3) Body part marking products.
(4) Steering locks.
(5) Window etching products.
(6) Pedal and ignition locks.
(7) Fuel and ignition kill switches.
(8) Electronic, radio, and satellite tracking devices.
(c) As used in this chapter, "ancillary protection product" does not include the following:
(1) Fuel additives.
(2) Oil additives.
(3) Other chemical products applied to the engine, transmission, or fuel system of a motor vehicle.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-3. "Incidental Cost"

Sec. 3. (a) As used in this chapter, "incidental cost" means an expense that is:
(1) specified in a service contract that applies to a motor vehicle;
(2) incurred by the holder due to the failure of an ancillary protection product to perform as provided in the service contract sold with the ancillary protection product; and
(3) reimbursed to the holder:
(A) as a fixed amount specified in the service contract; or
(B) by use of a formula that itemizes specific incurred expenses.
(b) "Incidental cost" includes the following:
(1) Insurance policy deductibles.
(2) Rental vehicle charges.
(3) The difference between the actual value of a stolen motor vehicle at the time of theft and the cost of a replacement motor vehicle.
(4) Sales tax.
(5) Registration fees.
(6) Transaction fees.
(7) Mechanical inspection fees.
(8) Expense incurred due to a defective part or mechanical or electrical breakdown.
(9) Expense incurred for labor.
(10) Expense incurred for other remedial measures, including a repair, a replacement, or repetition of a service.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-5. "Provider"

Sec. 5. (a) As used in this chapter, "provider" means a person who is contractually obligated to a holder under a service contract.
(b) A merchant or other seller of a service contract is not a "provider" for the purposes of this chapter by virtue of acting as the seller of the service contract.
As added by P.L.129-2014, SEC.10. Amended by P.L.196-2021, SEC.32.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-6. "Road Hazard"

Sec. 6. (a) As used in this chapter, "road hazard" means a hazard encountered by a motor vehicle in normal driving conditions.
(b) "Road hazard" includes the following:
(1) A pothole.
(2) A rock.
(3) Wood debris.
(4) Metal parts.
(5) Glass.
(6) Plastic.
(7) A curb.
(8) A composite scrap.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-7. "Service Contract"

Sec. 7. (a) As used in this chapter, "service contract" means an agreement:
(1) that is effective for a specified period; and
(2) under which a provider:
(A) receives consideration that is separate from the lease or purchase price of a motor vehicle; and
(B) agrees to provide the performance, or indemnification for the cost of performance, of the repair, replacement, or maintenance of a motor vehicle related to the operational or structural failure of the motor vehicle due to a defect in materials or workmanship, accidental damage, normal wear and tear, or damage resulting from a power surge or interruption.
A service contract may also provide for the incidental payment of indemnity under limited circumstances, including indemnity for towing, temporary replacement motor vehicle rental, and emergency road service.
(b) The repair, replacement, or maintenance described in subsection (a)(2)(B) includes the following:
(1) Repair or replacement of tires or wheels on a motor vehicle damaged as a result of road hazards.
(2) Removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting.
(3) Repair of chips or cracks in, or replacement of, motor vehicle windshields as a result of damage caused by road hazards.
(4) Replacement of an inoperable, lost, or stolen motor vehicle key or keyfob.
(5) Payment of specified incidental costs resulting from failure of an ancillary protection product to perform as specified.
(6) Payment related to other products and services approved by the commissioner and consistent with this chapter.
(c) A service contract may not include coverage:
(1) for the:
(A) repair of damage to;
(B) replacement of; or
(C) repair of damage to and replacement of;
the interior surfaces of a vehicle; or
(2) for the:
(A) repair of damage to;
(B) replacement of; or
(C) repair of damage to and replacement of;
the exterior paint or finish of a vehicle.
However, coverage described in subdivision (1) or (2) may be offered in connection with the sale of an ancillary protection product as defined in section 1 of this chapter.
(d) "Service contract" does not include an insurance policy that:
(1) is issued by an insurer authorized to engage in the insurance business in Indiana; and
(2) provides coverage for repair, replacement, or maintenance described in subsection (a)(2)(B).
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-8. "Service Contract Reimbursement Policy"

Sec. 8. As used in this chapter, "service contract reimbursement policy" means a policy of insurance that provides coverage for one (1) of the following:
(1) All obligations and liabilities incurred by a provider under a service contract issued by the provider in Indiana.
(2) In the event of the provider's nonperformance under a service contract issued by the provider in Indiana, performance of all obligations:
(A) of the provider under the service contract; and
(B) that the provider did not perform.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-9. "Warranty"

Sec. 9. As used in this chapter, "warranty" means a guarantee that:
(1) is made:
(A) solely by the manufacturer, importer, or seller of property or services; and
(B) without consideration;
(2) is not negotiated or separated from the sale of the property or services;
(3) is incidental to the sale of the property or services; and
(4) the person making the guarantee will indemnify the warranty holder for:
(A) defective parts;
(B) mechanical or electrical failure;
(C) labor; or
(D) other remedial measures, including repair or replacement of the property or repetition of services.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-10. Service Contract Characterization and Regulation

Sec. 10. (a) A service contract:
(1) is not insurance; and
(2) except as provided in this chapter, is not regulated under IC 27.
(b) The authority of the commissioner under this chapter is in addition to all other authority of the commissioner under this title.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-11. Service Contract Requirements

Sec. 11. (a) Except as provided in section 14 of this chapter, a service contract may not be offered, sold, or issued in Indiana unless the provider complies with one (1) of the following subdivisions:
(1) All of the following conditions are met:
(A) The provider is insured under a service contract reimbursement policy issued by an insurer authorized to do business in Indiana.
(B) True and correct copies of the service contract reimbursement policy have been filed with the commissioner.
(C) The service contract conspicuously:
(i) states that the obligations of the provider to the holder are covered under the service contract reimbursement policy; and
(ii) sets forth the name and address of the insurer that issued the service contract reimbursement policy.
(2) The provider maintains a funded reserve account for its obligations under each service contract issued by the provider in Indiana and outstanding, subject to the following:
(A) The reserves are calculated at not less than forty percent (40%) of the gross consideration received, then minus the amount of claims paid under the service contracts.
(B) The service contract conspicuously states that the obligations of the provider under the service contract are backed by the full faith and credit of the provider.
A reserve account maintained under subdivision (2) is subject to examination and review by the commissioner under section 15 of this chapter.
(b) A filing described in subsection (a)(1)(B) is for informational purposes only and is not subject to approval by the commissioner.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-12. Service Contract Form

Sec. 12. A service contract must meet the following requirements:
(1) Be legibly typed or printed in understandable language.
(2) Include the following disclosures:
(A) The name and address of:
(i) the provider;
(ii) any administrator of the service contract, if different from the provider;
(iii) the person selling the service contract; and
(iv) if the information has been furnished by the holder, the holder.
This information may be added to the service contract at the time of sale and is not required to be preprinted on the service contract.
(B) The total purchase price and the terms under which the service contract is sold. This information may be negotiated with the holder and added to the service contract at the time of sale and is not required to be preprinted on the service contract.
(C) The existence and amount of any applicable deductible.
(D) The products and services to be provided under the service contract, including any conditions, limitations, exceptions, and exclusions.
(E) Whether the use of nonoriginal manufacturer parts is allowed.
(F) Any applicable restrictions governing the transferability of the service contract.
(G) The terms, restrictions, or conditions governing cancellation, by the provider or the holder, of the service contract before the termination or expiration date of the service contract.
(H) All obligations and duties of the holder, including any applicable:
(i) duty to protect the motor vehicle from additional damage; and
(ii) motor vehicle service requirements, as provided in the motor vehicle owner's manual, supplement, or guide.
(I) Whether the service contract provides for or excludes consequential damages or preexisting conditions.
(3) Conspicuously set forth the following statement or a substantially similar statement:
"This service contract is not insurance and is not subject to Indiana insurance law.".
(4) If the service provider is insured under a service contract reimbursement policy under section 11(a)(1)(A) of this chapter, conspicuously state that if the provider fails to perform or make payment due under the service contract within sixty (60) days after the holder requests the performance or payment, the holder may request the performance or payment directly from the insurer that issued the provider's service contract reimbursement policy, including any applicable requirement under the service contract that the provider refund any part of the cost of the service contract upon cancellation of the service contract.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-13. Service Contract Reimbursement Policy Form

Sec. 13. Except as provided in section 14 of this chapter, a service contract reimbursement policy may not be offered, sold, or issued in Indiana unless the service contract reimbursement policy conspicuously states that the insurer will do either of the following:
(1) Pay all sums that the provider is obligated to pay under service contracts issued by the provider and outstanding in Indiana.
(2) In the event of the provider's nonperformance under a service contract issued by the provider and outstanding in Indiana, perform or pay for the performance of services that the provider:
(A) is obligated to perform under the service contract; and
(B) failed to perform.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-14. Application of Chapter Provisions

Sec. 14. Sections 11, 12(4), and 13 of this chapter do not apply to a warranty, service contract, or other agreement:
(1) that is offered or sold by a motor vehicle dealer in connection with a motor vehicle sold by the motor vehicle dealer; and
(2) under which the motor vehicle dealer, motor vehicle manufacturer, or affiliate of the dealer or manufacturer is obligated to perform.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-15. Commissioner Authority; Violations

Sec. 15. The commissioner may do the following:
(1) Conduct an investigation or examination of a provider, an administrator, an insurer, or another person to enforce this chapter.
(2) Take action that is necessary or appropriate to enforce this chapter.
(3) If a provider violates this chapter, issue an order to do the following:
(A) Require a provider to cease and desist.
(B) Prohibit a provider from offering, issuing, or selling a service contract in Indiana.
(C) Impose a civil penalty not to exceed ten thousand dollars ($10,000) per violation.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-16. Administrative Hearing

Sec. 16. (a) If a person is aggrieved by an order issued under section 15(3) of this chapter, the person may, not more than twenty (20) days after the effective date of the order, request a hearing under IC 4-21.5.
(b) If a person requests a hearing under subsection (a) the commissioner shall suspend the effective date of the order pending the outcome of the hearing.
(c) In a hearing requested under subsection (a), the burden is on the commissioner to show cause why the order is justified.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-17. Court Action

Sec. 17. The commissioner may commence an action in the circuit or superior court of Marion County to do the following:
(1) Enjoin an actual or threatened violation of this chapter.
(2) Seek restitution on behalf of a person aggrieved by a violation of this chapter.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 43.2. Service Contracts › 27-1-43.2-18. Nonapplicability of Chapter

Sec. 18. This chapter does not apply to the following:
(1) A warranty provided under the Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et seq.
(2) A contract that is effective for a specified period and under which a person agrees to:
(A) provide; or
(B) indemnify the contract holder for;
regular maintenance.
(3) A motor club approved under IC 9-30-2-8.
As added by P.L.129-2014, SEC.10.
2023 Indiana Code › Title 27. Insurance › Article 1. Department of Insurance › Chapter 44. Electronic Posting of Documents › 27-1-44-1. "Property and Casualty Insurance"

Sec. 1. 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. The term does not include title insurance (as defined in IC 27-7-3-2).
As added by P.L.119-2014, SEC.2. Amended by P.L.146-2015, SEC.29.