Title 27, INSURANCE

Sec. 6. The bureau shall make by-laws for its government and for the government of its members. Such by-laws and amendments thereto shall be filed with and approved by the insurance commissioner before they shall be effective. Formerly: Acts 1935, c.323, s.6.

Sec. 7. In case of a tie vote in any committee or governing body of said bureau, the insurance commissioner shall decide the matter. Formerly: Acts 1935, c.323, s.7. As amended by P.L.204-2018, SEC.15.

Sec. 8. The bureau shall admit to membership every company lawfully engaged in whole or in part in writing worker's compensation insurance in Indiana. Formerly: Acts 1935, c.323, s.8. As amended by P.L.28-1988, SEC.90.

Sec. 9. The charges and expenses incident to the establishment and operation of the bureau shall be borne equitably and without discrimination among the members of the bureau. If any member is aggrieved by an apportionment of the cost or costs made by the bureau or by failure of …

Sec. 1. Every policy or certificate issued by any insurance corporation of this state doing business on the assessment plan, or any insurance corporation of any other state authorized to do an assessment insurance business in this state, and providing a payment to be made upon a …

Sec. 2. Failure to pay the amount, whether in friendly settlement or by judgment of court, within thirty (30) days of its adjudication, shall constitute a forfeiture of the right of the delinquent corporation to further continue in business in this state, in the case of an insura…

Sec. 1. (a) Whenever the commissioner has reasonable cause to believe, and determines, after a hearing held under IC 4-21.5-3, that any domestic insurer has committed or engaged in, or is about to commit or engage in, any act, practice, or transaction that would subject it to a d…

Sec. 2. (a) The commissioner may file in the Marion County circuit court a petition alleging, with respect to a domestic insurer: (1) that there exist grounds that justify a court order for a formal delinquency proceeding against the insurer under IC 27-9; (2) that the interests …

Sec. 3. In all proceedings and judicial reviews of those proceedings under sections 1 and 2 of this chapter, all records of the insurer, other documents, and all insurance department files, and court records and papers, so far as they concern or are a part of the record of the pr…

Sec. 1. (a) The commissioner: (1) shall administer this article, which regulates bail agents, recovery agents, and sureties; and (2) may adopt rules to enforce this article. (b) The commissioner may employ and discharge employees, examiners, counsel, and other assistants as neces…

Sec. 10. (a) Recognizances for the appearance of prisoners shall in all cases and in all courts be in writing, be taken with at least one (1) resident freehold surety or be secured by a surety company, and be substantially in the following form: STATE OF INDIANA ) ) SS: COUNTY OF…

Sec. 11. Such recognizance, together with a transcript of the proceedings and all papers in the case, shall be filed forthwith with the clerk of the proper court, who shall docket the cause and record such recognizance forthwith and enter it on the judgment docket, all as provide…

Sec. 12. (a) Only if a defendant does not appear as provided in the bond: (1) the court shall: (A) issue a warrant for the defendant's arrest; and (B) order the bail agent and the surety to surrender the defendant to the court immediately; (2) the clerk shall, less than thirty (3…

Sec. 13. All liability of the bail agent or surety may be enforced on motion without necessity of an independent action if conformance with sections 1 through 12 of this chapter is shown. As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.10.

Sec. 14. (a) When a bail agent or insurer accepts collateral, the bail agent or insurer shall give a written receipt for the collateral. The receipt shall give in detail a full description of the collateral received and the terms of redemption. The collateral shall be considered …

Sec. 15. If money or bonds have been deposited, bail by sureties may be substituted therefor at any time before a breach of the undertaking, and the official taking the new bail shall make an order that the money or bonds be refunded to the person depositing the same and they sha…

Sec. 16. (a) When the defendant has been admitted to bail, the defendant, or another in the defendant's behalf, may deposit with an official authorized to take bail, a sum of money, or nonregistered bonds of the United States, of the state, or of any county, city, or town within …

Sec. 2. Any written instrument purporting to be a copy of any action, proceeding, or finding of fact by the commissioner, or any record of the commissioner authenticated under the hand of the commissioner by the seal of the commissioner's office shall be accepted by all the court…

Sec. 3. (a) An undertaking is valid if it states: (1) the court where the defendant is to appear; (2) the amount of the bail; and (3) that it was made before an official legally authorized to take the bond. (b) A surety remains liable on an undertaking despite: (1) any lack of th…

Sec. 4. Every surety for the release of a person on bail shall be qualified as: (1) an insurer as defined and meeting the qualifications prescribed in IC 27-1-5-1, and represented by a bail agent as defined in and meeting the qualifications prescribed in this article; or (2) a pe…

Sec. 4.1. The commissioner shall regulate a charitable bail organization (as defined in section 4.5 of this chapter) in accordance with section 4.5 of this chapter. As added by P.L.147-2022, SEC.1.

Sec. 4.5. (a) The following definitions apply throughout this section: (1) "Charitable bail organization" means a business entity, or a nonprofit organization under: (A) the Internal Revenue Code; or (B) Indiana law; that exists for the purpose of paying cash bail for another per…

Sec. 4.6. The commissioner shall adopt rules under IC 4-22-2 to implement section 4.5 of this chapter. As added by P.L.147-2022, SEC.3. Amended by P.L.93-2024, SEC.199.

Sec. 5. (a) Any time before there has been a breach of the undertaking in any type of bail and cash bond, the surety may surrender a defendant, or the defendant may surrender, to the official to whose custody the defendant was committed at the time bail was taken or to the offici…

Sec. 6. (a) The person desiring to make a surrender of the defendant shall be provided a certified copy of the undertakings and a certified copy of the arrest warrant forthwith by the clerk of the court having jurisdiction and shall deliver them together with the defendant to the…

Sec. 7. For the purpose of surrendering the defendant, the surety may apprehend the defendant before or after the forfeiture of the undertaking or may empower any law enforcement officer to make apprehension by providing written authority endorsed on a certified copy of the under…

Sec. 8. (a) The court shall give the bail agent or insurer legal written notice of the defendant's trial or hearing for purposes of entering a plea at least seventy-two (72) hours before the defendant's appearance is required unless the appearance is scheduled within seventy-two …

Sec. 9. (a) If the undertaking is a property bond, the clerk shall record the same in the proper records of the county. If the undertaking describes property in another county, the clerk of the trial court shall transmit the undertaking to the clerk of such other county, who shal…

Sec. 1. (a) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated, or admitted in accordance with its laws, rules, and ritual. Subordinate lodges shall be required by the laws of the society …

Sec. 2. A society has a representative form of government if it meets all of the following conditions: (1) It has a supreme governing body constituted in one (1) of the following ways: (A) The supreme governing body is an assembly composed of delegates elected directly by the mem…

Sec. 3. A society shall operate for the benefit of members and their beneficiaries by: (1) providing benefits as specified in IC 27-11-6-1; and (2) operating for one (1) or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious p…

Sec. 4. Every society may adopt laws and rules for the government of the society, the admission of its members, and the management of its affairs. It may change, alter, add to, or amend such laws and rules. It shall have such other powers as are necessary and incidental to effect…

Sec. 1. Notwithstanding any other law, any person may apply to the commissioner for a certificate of authority to establish and operate a health maintenance organization under this article. As added by P.L.26-1994, SEC.25.

Sec. 10. (a) A domestic health maintenance organization that is admitted to transact business in Indiana shall do the following: (1) If the health maintenance organization is a domestic health maintenance organization admitted to transact business in Indiana after June 30, 2011, …

Sec. 2. (a) A person may not establish or operate a health maintenance organization without obtaining a certificate of authority under this article. (b) If a participating provider contracts with another provider under a contract that complies with IC 27-13-15 to provide health s…

Sec. 3. (a) A foreign corporation, other than a foreign corporation defined under IC 27-1-2-3, may obtain a certificate of authority if the foreign corporation: (1) is authorized to do business in Indiana under IC 23-0.5-5; and (2) complies with this article. (b) A foreign corpor…

Sec. 4. An application for a certificate of authority to operate a health maintenance organization must be: (1) verified by an officer or authorized representative of the applicant; and (2) submitted on a form prescribed by the commissioner. As added by P.L.26-1994, SEC.25.…

Sec. 5. An application for a certificate of authority to operate a health maintenance organization must set forth or be accompanied by the following: (1) A copy of the organizational documents of the applicant, such as the articles of incorporation, partnership agreement, trust a…

Sec. 6. (a) An applicant shall submit to the commissioner any modifications or amendments to the items of information required in an application under section 5 of this chapter. (b) The commissioner may adopt rules under this section that provide that any modifications or amendme…

Sec. 7. Any modification or amendment requiring the approval of the commissioner under rules adopted under section 6 of this chapter is considered approved unless the commissioner disapproves the modification or amendment not more than thirty (30) days after the modification or a…

Sec. 8. The commissioner may not issue a certificate of authority to operate a health maintenance organization unless the applicant has submitted to the commissioner a written waiver of the health maintenance organization's rights under the federal bankruptcy laws. As added by P.…

Sec. 9. (a) A health maintenance organization established under this article may not: (1) use as a part of its corporate name the words "United States", "Federal", "government", "official", or any word that would imply that the company is an administrative agency of the state of …

Sec. 1. The board of directors of the converting mutual shall commence the demutualization process by adopting a resolution that proposes: (1) the amendment of its articles of incorporation under IC 27-1-8-2; and (2) a plan of conversion. As added by P.L.94-1999, SEC.3.

Sec. 2. The plan of conversion, other than a simple plan of conversion, must do the following in accordance with this article: (1) Describe the manner in which the proposed conversion will occur and the insurance and any other companies that will result from or be directly affect…

Sec. 3. (a) The board of directors of the converting mutual may adopt a simple plan of conversion under this section. The simple plan of conversion must include the following: (1) The distribution to the eligible members, upon the extinguishing of their membership interests, of a…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.245-2005, SEC.7.