Title 27, INSURANCE

Sec. 11. As used in this chapter, "insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based on credit information for the purpose of predicting the future insurance loss exposure of an individual cons…

Sec. 12. As used in this chapter, "insured" means an individual entitled to coverage under a personal insurance policy. As added by P.L.201-2003, SEC.1.

Sec. 13. As used in this chapter, "insurer" refers to an insurer (as defined in IC 27-1-2-3) that issues a personal insurance policy. As added by P.L.201-2003, SEC.1.

Sec. 14. As used in this chapter, "personal insurance policy" means a policy that: (1) provides one (1) or more of the kinds of insurance described in Class 2 or Class 3 of IC 27-1-5-1; and (2) is underwritten on an individual basis for personal, family, or household use. As adde…

Sec. 15. This chapter does not apply to commercial insurance. As added by P.L.201-2003, SEC.1.

Sec. 16. (a) An insurer that uses credit information to underwrite or rate risks shall not do the following: (1) Use an insurance score that is calculated using income, gender, address, ZIP code, ethnic group, religion, marital status, or nationality of the consumer as a factor. …

Sec. 17. (a) If: (1) a determination is made through the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 U.S.C. 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete; and (2) the insurer receives notice of the …

Sec. 18. (a) If an insurer uses credit information in underwriting or rating a consumer, the insurer or the insurer's agent shall disclose, either on the insurance application or at the time the insurance application is taken, that the insurer may obtain credit information in con…

Sec. 19. (a) If an insurer takes an adverse action based on credit information, the insurer shall: (1) provide notice to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, 15 U.S.C. 1681m(a); and (2) p…

Sec. 2. As used in this chapter, "affiliate" means a company that controls, is controlled by, or is under common control with another company. As added by P.L.201-2003, SEC.1.

Sec. 20. (a) An insurer that uses an insurance score to underwrite and rate risks shall file the insurer's scoring models or other scoring processes with the department. (b) A third party may file a scoring model or scoring process on behalf of an insurer. (c) A filing that inclu…

Sec. 21. (a) An insurer shall indemnify and defend an insurance producer and hold an insurance producer harmless from and against liability, fees, and costs arising out of or related to the actions, errors, or omissions of the insurance producer relating to a use of credit inform…

Sec. 22. (a) A consumer reporting agency may not provide or sell data or lists that include information submitted in conjunction with: (1) an insurance inquiry about a consumer's credit information; or (2) a request for a credit report or insurance score; including the expiration…

Sec. 23. A violation of this chapter by an insurer is an unfair and deceptive act and practice in the business of insurance under IC 27-4-1-4. As added by P.L.201-2003, SEC.1.

Sec. 3. As used in this chapter, "applicant" means an individual who has applied with an insurer for coverage under a personal insurance policy. As added by P.L.201-2003, SEC.1.

Sec. 4. As used in this chapter, "commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2. As added by P.L.201-2003, SEC.1.

Sec. 5. As used in this chapter, "consumer" means an: (1) insured whose: (A) credit information is used; or (B) insurance score is calculated; in the underwriting or rating of a personal insurance policy; or (2) applicant for a personal insurance policy. As added by P.L.201-2003,…

Sec. 6. As used in this chapter, "consumer reporting agency" means a person that, for a monetary fee or dues or on a cooperative nonprofit basis, regularly engages in the practice of assembling or evaluating consumer credit information or other information concerning consumers fo…

Sec. 7. As used in this chapter, "credit information" means credit related information: (1) derived from a credit report; (2) found on a credit report; or (3) provided on an application for a personal insurance policy. The term does not include information that is not credit rela…

Sec. 8. As used in this chapter, "credit report" means a written, an oral, or another communication of information by a consumer reporting agency concerning a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used or collected as a fa…

Sec. 9. As used in this chapter, "department" refers to the department of insurance created by IC 27-1-1-1. As added by P.L.201-2003, SEC.1.

Sec. 1. This chapter applies to an advertisement that is broadcast, published, or otherwise presented to the general public in Indiana. As added by P.L.1-1994, SEC.138.

Sec. 2. An advertisement that refers to an interest rate guarantee applying to a life insurance product or to an annuity contract must state the period for which the interest rate is guaranteed. As added by P.L.1-1994, SEC.138.

Sec. 3. The presentation to the general public of an advertisement that violates section 2 of this chapter is an unfair and deceptive act or practice in the business of insurance under IC 27-4-1-4. As added by P.L.1-1994, SEC.138.

Sec. 1. To qualify to represent a health maintenance organization or a limited service health maintenance organization, an insurance producer shall be licensed with an accident and health or sickness qualification under IC 27-1-15.6-7. As added by P.L.26-1994, SEC.25. Amended by …