Title 27, INSURANCE

Sec. 13. (a) A business entity may apply for a resident independent adjuster license by submitting: (1) a Uniform Application for Business Entity Adjusters to the commissioner with a declaration, under penalty of suspension, revocation, or refusal of licensure, that the statement…

Sec. 14. (a) An independent adjuster may qualify for an independent adjuster license under this chapter in one (1) or more of the following lines of authority: (1) Property and casualty insurance. (2) Worker's compensation insurance. (b) An independent adjuster licensed under thi…

Sec. 15. (a) Except as provided in section 16 of this chapter and in subsection (e), an individual who applies for an independent adjuster license under this chapter must pass a written examination that is: (1) developed and conducted according to rules adopted by the commissione…

Sec. 16. (a) An individual who applies for an independent adjuster license under this chapter and who: (1) possesses an independent adjuster license for the same line of authority in which the individual has applied for licensing under this chapter in a state in which a prelicens…

Sec. 17. (a) Except as provided in section 18 of this chapter, the commissioner shall issue a nonresident independent adjuster license to a person if: (1) the person is currently licensed in good standing as an independent adjuster in the person's home state; (2) the person has s…

Sec. 18. (a) The commissioner may suspend, revoke, or refuse to issue or renew an independent adjuster license, or place an independent adjuster on probation, for a cause set forth in subsection (b). (b) An independent adjuster is subject to the penalties set forth in subsection …

Sec. 19. (a) Except as provided in subsection (b), an individual who holds a license under this chapter shall, every two (2) years, satisfactorily complete a minimum of twenty-four (24) hours of continuing education courses and report the completion of the courses to the commissi…

Sec. 2. The commissioner may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.11-2011, SEC.22.

Sec. 20. An independent adjuster shall: (1) maintain a copy of each contract between the independent adjuster and an insurer or a self-insurer; and (2) comply with the record retention policy agreed to in the contract described in subdivision (1). As added by P.L.11-2011, SEC.22.…

Sec. 21. An independent adjuster shall do all of the following: (1) Be honest and fair in all communications with an insured, an insurer, a self-insurer, and the public. (2) Give policyholders and claimants prompt and knowledgeable service and courteous, fair, and objective treat…

Sec. 22. (a) An independent adjuster shall report to the commissioner an administrative action taken against the independent adjuster: (1) in another jurisdiction; or (2) by another governmental agency in Indiana; not more than thirty (30) days after the final disposition of the …

Sec. 23. If an independent adjuster uses an automated claims adjudication system, the independent adjuster shall maintain proof of the certification described in section 3(4) of this chapter and provide the proof of certification to the commissioner upon request. As added by P.L.…

Sec. 24. The commissioner shall deposit a fee received under this chapter into the department of insurance fund established by IC 27-1-3-28. As added by P.L.11-2011, SEC.22.

Sec. 3. As used in this chapter, "automated claims adjudication system" means a preprogrammed computer system that: (1) is designed for the collection, data entry, calculation, and system generated final resolution of property insurance claims; (2) is used only by a licensee or a…

Sec. 4. As used in this chapter, "catastrophe" means an event that is the subject of a declaration by the commissioner and that: (1) results in a large number of deaths or injuries; (2) causes extensive damage or destruction of facilities used to provide and sustain human needs; …

Sec. 5. As used in this chapter, "home state" means: (1) a state, district, or territory of the United States in which an independent adjuster: (A) maintains the independent adjuster's principal place of residence or business; and (B) is licensed to act as a resident independent …

Sec. 6. (a) As used in this chapter, "independent adjuster" means a person, or an independent contractor or employee of a person, that: (1) contracts for compensation with insurers or self-insurers to investigate, negotiate, or settle property, casualty, or worker's compensation …

Sec. 7. As used in this chapter, "NAIC" refers to the National Association of Insurance Commissioners. As added by P.L.11-2011, SEC.22.

Sec. 1. (a) This chapter applies to a personal automobile or homeowner's policy that is issued, delivered, amended, or renewed on or after January 1, 2027. (b) This chapter does not apply to: (1) notices required by the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); …

Sec. 10. The requirements set forth in this chapter: (1) do not replace; and (2) are in addition to; the requirements under IC 27-7-6 and IC 27-7-12. As added by P.L.226-2023, SEC.20.

Sec. 11. This chapter does not prohibit an insurer from voluntarily providing the disclosures required by this chapter. As added by P.L.226-2023, SEC.20.

Sec. 12. (a) The commissioner shall adopt rules under IC 4-22-2 to implement monetary penalties for a violation of this chapter that are consistent with other penalties assessed for similar violations under this title. (b) The commissioner is solely responsible for the enforcemen…

Sec. 13. A violation of this chapter does not create a private cause of action. As added by P.L.226-2023, SEC.20.

Sec. 2. (a) As used in this chapter, "automobile policy" means a policy providing one (1) or more of the types of insurance described in Class 2(f) of IC 27-1-5-1. (b) The term includes an automobile policy under which the insured vehicle designated in the policy is rated as priv…

Sec. 3. (a) As used in this chapter, "homeowner's policy" means a policy that provides: (1) coverage for: (A) damage to or the destruction of: (i) a structure; or (ii) a unit within a structure; that is used as a residence by one (1) or more individuals; and (B) damage to or the …

Sec. 4. As used in this chapter, "insured" means an individual who is the first named insured on the declarations page of a personal automobile or homeowner's policy. As added by P.L.226-2023, SEC.20.

Sec. 5. As used in this chapter, "insurer" refers to an insurer (as defined in IC 27-1-2-3) that issues a personal automobile or homeowner's policy. As added by P.L.226-2023, SEC.20.

Sec. 6. (a) As used in this chapter, "material change" means a premium increase of more than ten percent (10%) over and above the increases in the insurer's filed rate plan, including base rate increases and any other changes to the insurer's filed rate plan. (b) The term does no…

Sec. 7. As used in this chapter, "personal automobile or homeowner's policy" means: (1) an automobile policy; or (2) a homeowner's policy; that is underwritten on an individual basis for an individual, family, or household. As added by P.L.226-2023, SEC.20.

Sec. 8. (a) An insurer that makes a material change to an insured's personal automobile or homeowner's policy shall provide a written notice to the insured that: (1) explains the principal factors for the material change; or (2) states that the insured has a right to request and …

Sec. 9. (a) A written notice provided under section 8(a)(1) or 8(c) of this chapter: (1) must: (A) be sufficiently clear; and (B) use language sufficiently specific; to enable the insured to identify the basis for the insurer's decision to make the material change; (2) must inclu…

Sec. 1. (a) As used in this chapter, "accident and sickness insurance policy" means an insurance policy that provides one (1) or more of the kinds of insurance described in Class 1(b) and 2(a) of IC 27-1-5-1. (b) The term does not include the following: (1) Accident only, credit,…

Sec. 10. An insurer shall establish and maintain a grievance procedure that complies with the requirements of this chapter for the resolution of grievances initiated by a covered individual. As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.

Sec. 11. The commissioner may examine the grievance procedure of any insurer. As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.

Sec. 12. An insurer shall maintain all grievance records received by the insurer after the most recent examination of the insurer's grievance procedure by the commissioner. As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.

Sec. 13. (a) An insurer shall provide, at the request of the insured, covered individual, or legal representative of the insured or covered individual, and upon policy issuance, at each policy renewal, and with any notice of denial of a claim, timely, adequate, and appropriate no…

Sec. 14. (a) A covered individual may file a grievance orally or in writing. (b) An insurer shall make available to covered individuals a toll free telephone number through which a grievance may be filed. The toll free telephone number must: (1) be staffed by a qualified represen…

Sec. 15. (a) An insurer shall establish procedures to assist covered individuals in filing grievances. (b) A covered individual may designate a representative to file a grievance for the covered individual and to represent the covered individual in a grievance under this chapter.…

Sec. 16. (a) An insurer shall establish written policies and procedures for the timely resolution of grievances filed under this chapter. The policies and procedures must include the following: (1) An acknowledgment of the grievance, given orally or in writing, to the covered ind…

Sec. 17. (a) An insurer shall establish written policies and procedures for the timely resolution of appeals of grievance decisions. The procedures for registering and responding to oral and written appeals of grievance decisions must include the following: (1) Written or oral ac…

Sec. 18. An insurer may not take action against a provider solely on the basis that the provider represents a covered individual in a grievance filed under this chapter. As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.

Sec. 19. (a) An insurer shall each year file with the commissioner a description of the grievance procedure of the insurer established under this chapter, including: (1) the total number of grievances handled through the procedure during the preceding calendar year; (2) a compila…

Sec. 2. As used in this chapter, "commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2. As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13. Amended by P.L.1-2002, SEC.113.

Sec. 20. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.

Sec. 3. As used in this chapter, "covered individual" means an individual who is covered under an accident and sickness insurance policy. As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.

Sec. 4. As used in this chapter, "department" refers to the department of insurance. As added by P.L.66-2001, SEC.2 and P.L.203-2001, SEC.13.