Title 27, INSURANCE

Sec. 11. Whenever it appears to the commissioner that any person has committed a violation of this chapter which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the commissioner may, after giving notice and an opportunity to b…

Sec. 12. (a) Any person aggrieved by any agency action of the commissioner pursuant to this chapter may petition for judicial review thereof in accordance, so far as practical, with IC 4-21.5-5. (b) Notwithstanding IC 4-21.5-5, the filing of a petition for review of the commissio…

Sec. 13. This chapter, while independent in its enactment of any other law, shall be supplemental to the Indiana Insurance Law (IC 27-1-2 through IC 27-1-20). All provisions of IC 27-1-2 through IC 27-1-20 shall be fully and completely applicable to this chapter in the same manne…

Sec. 2. (a) No person other than the issuer shall commence a tender offer for or a request or invitation for tenders of, or enter into any agreement to purchase or exchange securities for, or otherwise seek to acquire, or acquire, in the open market or otherwise, or solicit proxi…

Sec. 2.5. (a) The following definitions apply throughout this section: (1) "Acquisition" means any agreement, arrangement, or activity the consummation of which results in a person acquiring directly or indirectly the control of another person. The term includes the acquisition o…

Sec. 2.6. (a) As used in this section, "entity" means: (1) a sole proprietorship; (2) a corporation; (3) a limited liability company; (4) a partnership; (5) an association; (6) a joint stock company; (7) a mutual fund; (8) a joint venture; (9) a trust; (10) a joint tenancy; (11) …

Sec. 3. (a) Every insurer which is authorized to do business in this state and which is a member of an insurance holding company system shall register with the commissioner, except a foreign insurer subject to disclosure requirements and standards adopted by statute or regulation…

Sec. 4. (a) Material transactions within an insurance holding company system to which an insurer subject to registration is a party shall be subject to the following standards: (1) The terms shall be fair and reasonable. (2) Agreements concerning cost sharing services and managem…

Sec. 5. (a) Subject to the limitations contained in this section and in addition to the powers which the commissioner has under the insurance laws of this state relating to the examination of insurers, the commissioner shall have the power to do the following: (1) Examine an insu…

Sec. 5.1. (a) The commissioner may participate in a supervisory college for a domestic insurer that is part of an insurance holding company system that has international operations, and any affiliate of the insurer, to do the following: (1) Determine whether the insurer or affili…

Sec. 5.3. (a) The commissioner shall, in cooperation with other state, federal, and international regulatory agencies, do either of the following to identify a single group wide supervisor for an internationally active insurance group: (1) Act as the group wide supervisor if the …

Sec. 6. (a) Documents, materials, and other information in the possession or control of the department that are obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to section 5 of this chapter and all inf…

Sec. 7. The commissioner may adopt rules under IC 4-22-2 to carry out this chapter. Formerly: Acts 1971, P.L.387, SEC.1. As amended by Acts 1981, P.L.244, SEC.7; P.L.26-1991, SEC.15; P.L.93-2024, SEC.195.

Sec. 8. (a) Whenever it appears to the commissioner that any person has committed or is about to commit a violation of this chapter or of any rule or order issued by the commissioner under this chapter, the commissioner may apply to the circuit court, superior court, or probate c…

Sec. 8.1. (a) If it appears to the commissioner that an insurer or a director, an officer, an employee, or an agent of an insurer has knowingly or intentionally violated this chapter, the commissioner may report the violation to the prosecutor of the county in which the conduct g…

Sec. 1. This chapter applies after June 30, 2015. As added by P.L.90-2014, SEC.1.

Sec. 10. As used in this chapter, "record keeping services" means an insurer's responsibility, under an agreement with a group policy owner, to obtain, maintain, and administer in the insurer's system information concerning each individual insured under a group policy (or a line …

Sec. 10.2. As used in this chapter, "retained asset account" refers to a retained asset account that is issued in Indiana after June 30, 2015. As added by P.L.166-2015, SEC.4.

Sec. 11. (a) An insurer shall, at least every six (6) months, perform a comparison of in-force policies, annuities, and retained asset accounts issued by the insurer in Indiana against a death master file to identify potential death master file matches. (b) An insurer that perfor…

Sec. 12. An insurer shall, not later than ninety (90) days after learning of the possible death of a person through a comparison performed under section 11 of this chapter, do the following: (1) Complete and document a good faith effort to confirm the death of the person against …

Sec. 14. An insurer may, to the extent permitted by law, disclose the minimum necessary personal information about a person or a beneficiary to an individual or entity reasonably believed by the insurer to possess the ability to assist the insurer in locating the beneficiary or a…

Sec. 15. An insurer, and an entity providing services to an insurer, shall not charge a beneficiary or authorized representative a fee or cost associated with: (1) a death master file search; or (2) verification of a death master file match; conducted under this chapter. As added…

Sec. 16. (a) The benefit of a policy, annuity, or retained asset account, plus accrued interest applicable under the policy, annuity, or retained asset account, is first payable to designated beneficiaries or policy owners, annuity owners, or account owners. (b) If beneficiaries …

Sec. 17. The commissioner may do the following: (1) Either: (A) limit an insurer's death master file comparisons required by section 11 of this chapter to the insurer's electronic searchable files; or (B) approve a plan and time period for conversion of an insurer's files to elec…

Sec. 18. (a) With respect to a policy, an annuity, or a retained asset account for which an insurer has knowledge of death: (1) if: (A) within one (1) year after the insurer has obtained the knowledge of death, the insurer: (i) conducts reasonable search efforts; and (ii) is unab…

Sec. 19. An insurer's failure to comply with this chapter is an unfair or deceptive act or practice in the business of insurance under IC 27-4-1-4. As added by P.L.90-2014, SEC.1.

Sec. 2. Except as provided in this chapter, the definitions in IC 27-2-22 apply throughout this chapter. As added by P.L.90-2014, SEC.1.

Sec. 20. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.90-2014, SEC.1.

Sec. 21. This chapter does not prevent the attorney general from conducting an examination of the records of an insurance company under IC 32-34-1.5-53. As added by P.L.166-2015, SEC.6. Amended by P.L.141-2021, SEC.15.

Sec. 3. As used in this chapter, "account owner" means an Indiana resident who is the owner of a retained asset account. As added by P.L.90-2014, SEC.1.

Sec. 4. (a) As used in this chapter, "annuity" refers to an annuity contract issued in Indiana after June 30, 2015. (b) The term does not include an annuity contract used to fund an employment based retirement plan, the sponsor or administrator of which directs the insurer that i…

Sec. 5. As used in this chapter, "death master file" refers to: (1) the federal Social Security Administration's Death Master File; or (2) another data source that, for the purpose of determining that a person is reported to have died, is at least as comprehensive as the federal …

Sec. 6. As used in this chapter, "death master file match" means the result of a search of a death master file that indicates a match of a person's name with the person's: (1) Social Security number; or (2) date of birth. As added by P.L.90-2014, SEC.1.

Sec. 7. As used in this chapter, "knowledge of death" means one (1) of the following: (1) Receipt of a certified original or copy of a death certificate of a person. (2) A death master file match that an insurer has validated with a secondary source. As added by P.L.90-2014, SEC.…

Sec. 8. As used in this chapter, "person" refers to an insured, annuity owner, annuitant, or a retained asset account owner. As added by P.L.90-2014, SEC.1.

Sec. 9. (a) As used in this chapter, "policy" means a policy or certificate issued in Indiana after June 30, 2015, that provides the kind of insurance described in Class 1 of IC 27-1-5-1. (b) The term does not include the following: (1) A policy or certificate that provides a dea…

Sec. 1. IC 12-15-29-9 and IC 12-15-29-10 apply to this chapter. As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.

Sec. 2. Notwithstanding any other law, this chapter applies to the duty of an insurer to provide family health coverage to a child in accordance with this chapter. As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.

Sec. 3. As used in this chapter, "child" refers to a child who is less than eighteen (18) years of age. As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.

Sec. 4. As used in this chapter, "insurer" has the meaning set forth in IC 12-7-2.1-202. As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20. Amended by P.L.145-2026, SEC.149.

Sec. 5. An insurer may not deny enrollment of a child under the health coverage of the child's parent on any of the following grounds: (1) That the child was born out of wedlock. (2) That the child is not claimed as a dependent on the parent's federal income tax return. (3) That …

Sec. 6. Whenever a child has health coverage through an insurer of a noncustodial parent, the insurer shall: (1) provide any information to the custodial parent that is necessary for the child to obtain benefits through the coverage; (2) permit the custodial parent, or the provid…

Sec. 7. Whenever a parent is required by a court or an administrative order to provide health coverage for a child and the parent is eligible for family health coverage through an insurer, the insurer: (1) shall permit the parent to enroll under the family coverage a child who is…

Sec. 8. An insurer may not impose requirements on a state agency that has been assigned the rights of a person: (1) eligible for assistance under Medicaid; and (2) covered for health benefits from the insurer; that are different from requirements applicable to an agency or assign…

Sec. 9. A policy of health care coverage shall not be delivered or issued for delivery to any person in Indiana unless the policy complies with this chapter. As added by P.L.46-1995, SEC.68 and P.L.133-1995, SEC.20.

Sec. 1. The commissioner may make an examination of a health maintenance organization whenever necessary for the protection of the interests of the citizens of Indiana. However, an examination of a health maintenance organization domiciled in Indiana must be conducted at least on…