Title 27, INSURANCE

Sec. 4.2. (a) A foreign or alien insurance company that provides a surety bond that is required or permitted under the law of the United States shall execute a power of attorney in a form prescribed by the department irrevocably appointing the commissioner as the insurance compan…

Sec. 5. (a) Every foreign insurance company authorized to do business in this state shall have, in the case of a stock company, at least the capital and surplus required of a domestic insurance company which makes the same kind or kinds of insurance. (b) Every foreign insurance c…

Sec. 6. Every alien company shall deposit with the department securities of the amount and value of one hundred thousand dollars ($100,000) invested in the classes of securities in which insurance companies are permitted by the laws of this state to make investments, or, satisfy …

Sec. 7. The directors of an alien company may appoint citizens or corporations of the United States, approved by the commissioner, as its trustees to hold funds and assets in trust for the benefit of the policyholders and creditors of the company in the United States. A certified…

Sec. 8. When any foreign or alien insurance company has complied with the provisions of sections 1 through 7 of this chapter, then the commissioner may issue a certificate of authority, pursuant to IC 27-1-3-20, which shall license such foreign or alien insurance company to trans…

Sec. 9. (a) If, upon satisfactory evidence, it appears to the commissioner that any foreign or alien insurance company doing business in this state is in a hazardous financial condition as evidenced by the existence of any conditions indicated by, but not limited to, the followin…

Sec. 1. As used in this chapter, "commissioner" means the insurance commissioner of Indiana. As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48.

Sec. 2. As used in this chapter, "department" means the department of insurance of Indiana. As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48.

Sec. 3. As used in this chapter, "independent insurance producer" means an insurance producer who: (1) represents an insurer in the sale of insurance as an independent contractor rather than as an employee; and (2) is not limited to representing: (A) one (1) insurer; or (B) sever…

Sec. 4. As used in this chapter, "property or casualty insurance" means a type of insurance described in Class 2 and Class 3 of IC 27-1-5-1. However, the term does not mean insurance described in Class 2(a) of IC 27-1-5-1. As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48…

Sec. 5. (a) This chapter applies to an insurer that obtains a certificate of authority under IC 27-1-3-20 as: (1) a domestic insurer formed under IC 27-1-6; (2) a foreign insurer that has become a domestic insurer under IC 27-1-6.5; or (3) a foreign or an alien insurer under IC 2…

Sec. 6. (a) An insurance company that issues property or casualty insurance shall not discriminate in the appointment of an independent insurance producer on the basis of race, color, national origin, or gender. (b) Except as provided in subsection (c), the department has exclusi…

Sec. 1. This chapter applies to travel insurance: (1) that covers any resident of this state and is sold, solicited, negotiated, or offered in this state; and (2) for which policies and certificates are delivered or issued for delivery in this state. Unless expressly provided in …

Sec. 10. As used in this chapter, "primary certificate holder" means a person who elects and purchases travel insurance under a group policy. As added by P.L.19-2022, SEC.5.

Sec. 11. As used in this chapter, "primary policyholder" means an individual who elects and purchases individual travel insurance. As added by P.L.19-2022, SEC.5.

Sec. 12. As used in this chapter, "travel assistance service" means a noninsurance service for which the purchaser is not indemnified based on a fortuitous event and where providing the service does not result in a transfer or shifting of risk that would constitute the business o…

Sec. 13. As used in this chapter, "travel protection plan" means a plan that provides one (1) or more of the following: (1) Travel insurance. (2) Travel assistance services. (3) Cancellation fee waivers. As added by P.L.19-2022, SEC.5.

Sec. 14. (a) A travel insurer shall pay premium tax, as provided in IC 27-1-18-2, on travel insurance premiums paid by: (1) an individual primary policyholder who is a resident of this state; (2) a primary certificate holder who is a resident of this state and elects coverage und…

Sec. 15. A travel protection plan that offers combined features may be offered for one (1) price in this state if: (1) the travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that the plan includes travel insurance, travel assistance ser…

Sec. 16. (a) Except as otherwise provided in this section, a person offering travel insurance to residents of this state is subject to IC 27-4-1. In the event of a conflict between this chapter and other provisions of this title regarding the sale and marketing of travel insuranc…

Sec. 17. (a) All documents provided to consumers prior to the purchase of travel insurance, including sales materials, advertising materials, and marketing materials, must be consistent with the travel insurance policy itself, including forms, endorsements, policies, rate filings…

Sec. 18. (a) Notwithstanding any other provision of this title, a person may not act or represent itself as a travel administrator for travel insurance in this state unless the person: (1) is a licensed property and casualty insurance producer in this state for activities permitt…

Sec. 19. (a) Notwithstanding any other provision of this title, travel insurance is classified and filed for purposes of rates and forms under an inland marine line of insurance. However, travel insurance that provides coverage for sickness, accident, disability, or death occurri…

Sec. 2. (a) The definitions in IC 27-1-15.6-2 apply throughout this chapter. (b) All other applicable provisions of this title continue to apply to travel insurance, except that specific provisions of this chapter supersede any general provisions of law that would otherwise be ap…

Sec. 20. The commissioner may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.19-2022, SEC.5.

Sec. 3. As used in this chapter, "aggregator site" means an Internet web site that provides access to information regarding insurance products from more than one (1) insurer, including product and insurer information, for use in comparison shopping. As added by P.L.19-2022, SEC.5…

Sec. 4. As used in this chapter, "blanket travel insurance" means a policy of travel insurance issued to any eligible group providing coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate char…

Sec. 5. As used in this chapter, "cancellation fee waiver" means a contractual agreement between a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract with or without regar…

Sec. 6. As used in this chapter, "commissioner" means the insurance commissioner appointed under IC 27-1-1-2. As added by P.L.19-2022, SEC.5.

Sec. 7. As used in this chapter, "eligible group" means two (2) or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including the following: (1) An entity engaged in the business of providing travel or trav…

Sec. 8. As used in this chapter, "fulfillment materials" means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and assistance details. As added by P.L.19-2022, SEC.5.

Sec. 9. As used in this chapter, "group travel insurance" means travel insurance issued to any eligible group. As added by P.L.19-2022, SEC.5.

Sec. 1. As used in this chapter, "covered individual" means: (1) an enrollee; or (2) an eligible dependent of an enrollee. As added by P.L.128-1992, SEC.1.

Sec. 10. (a) To remain in effect, a certificate of registration issued under this chapter must be renewed annually. To obtain the renewal of a certificate of registration, a utilization review agent must submit an application to the commissioner. The application must be accompani…

Sec. 11. A utilization review agent must satisfy the following minimum requirements: (1) Provide toll free telephone access at least forty (40) hours each week during normal business hours. (2) Maintain a telephone call recording system capable of accepting or recording incoming …

Sec. 12. (a) A utilization review agent shall make available to an enrollee, and to a provider of record upon request, at the time an adverse utilization review determination is made: (1) a written description of the appeals procedure by which an enrollee or a provider of record …

Sec. 13. To provide documentation demonstrating that a utilization review agent is capable of satisfying the requirement of section 11(7) of this chapter, as required by section 9(b)(3) of this chapter, the utilization review agent may provide a signed statement of a physician em…

Sec. 14. (a) The department may, according to the rules adopted under section 20 of this chapter, determine that a utilization review agent satisfies the requirements set forth in section 11 of this chapter if the utilization review agent: (1) has, at the time of issuance of the …

Sec. 15. (a) The following requirements apply to an enrollee's request for certification by a utilization review agent of an admission, a service, or a procedure: (1) In the absence of contractual terms to the contrary, the enrollee is responsible for notifying the utilization re…

Sec. 16. A provider of record, an enrollee, or the agent of a provider of record or an enrollee who provides fraudulent or misleading information is subject to appropriate administrative, civil, and criminal penalties, including criminal penalties under IC 35-43-5. As added by P.…

Sec. 17. (a) If the department believes that a utilization review agent has violated this chapter, the department shall notify the utilization review agent of the alleged violation. (b) The utilization review agent shall respond to a notice given under subsection (a) within thirt…

Sec. 18. (a) This chapter does not require a utilization review agent to disclose information that is proprietary. (b) Any: (1) information concerning standards, criteria, or medical protocols used by a utilization review agent in conducting utilization review; or (2) other propr…

Sec. 19. The compensation of a utilization review agent for the performance of utilization review may not be based on: (1) the extent to which certifications are denied; or (2) the amount by which subsequent claims are reduced for payment. As added by P.L.128-1992, SEC.1.…

Sec. 2. As used in this chapter, "department" refers to the department of insurance. As added by P.L.128-1992, SEC.1.

Sec. 20. The department shall adopt rules under IC 4-22-2 necessary to carry out this chapter. As added by P.L.128-1992, SEC.1.

Sec. 3. As used in this chapter, "enrollee" means an individual who has contracted for or who participates in coverage under an insurance policy issued under insurance classes 1(b) and 2(a) of IC 27-1-5-1, health maintenance organization contract, or other benefit program providi…