Title 27, INSURANCE

Sec. 13. Except as provided in section 14 of this chapter, a service contract reimbursement policy may not be offered, sold, or issued in Indiana unless the service contract reimbursement policy conspicuously states that the insurer will do either of the following: (1) Pay all su…

Sec. 14. Sections 11, 12(4), and 13 of this chapter do not apply to a warranty, service contract, or other agreement: (1) that is offered or sold by a motor vehicle dealer in connection with a motor vehicle sold by the motor vehicle dealer; and (2) under which the motor vehicle d…

Sec. 15. The commissioner may do the following: (1) Conduct an investigation or examination of a provider, an administrator, an insurer, or another person to enforce this chapter. (2) Take action that is necessary or appropriate to enforce this chapter. (3) If a provider violates…

Sec. 16. (a) If a person is aggrieved by an order issued under section 15(3) of this chapter, the person may, not more than twenty (20) days after the effective date of the order, request a hearing under IC 4-21.5. (b) If a person requests a hearing under subsection (a) the commi…

Sec. 17. The commissioner may commence an action in the circuit or superior court of Marion County to do the following: (1) Enjoin an actual or threatened violation of this chapter. (2) Seek restitution on behalf of a person aggrieved by a violation of this chapter. As added by P…

Sec. 18. This chapter does not apply to the following: (1) A warranty provided under the Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et seq. (2) A contract that is effective for a specified period and under which a person agrees to: (A) provide; or (B) indemnify the contract holde…

Sec. 19. The commissioner may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.129-2014, SEC.10.

Sec. 2. As used in this chapter, "holder" means a person who is entitled to services or indemnification under a service contract. As added by P.L.129-2014, SEC.10.

Sec. 3. (a) As used in this chapter, "incidental cost" means an expense that is: (1) specified in a service contract that applies to a motor vehicle; (2) incurred by the holder due to the failure of an ancillary protection product to perform as provided in the service contract so…

Sec. 4. As used in this chapter, "motor vehicle" has the meaning set forth in IC 9-13-2-105(a). As added by P.L.129-2014, SEC.10.

Sec. 5. (a) As used in this chapter, "provider" means a person who is contractually obligated to a holder under a service contract. (b) A merchant or other seller of a service contract is not a "provider" for the purposes of this chapter by virtue of acting as the seller of the s…

Sec. 6. (a) As used in this chapter, "road hazard" means a hazard encountered by a motor vehicle in normal driving conditions. (b) "Road hazard" includes the following: (1) A pothole. (2) A rock. (3) Wood debris. (4) Metal parts. (5) Glass. (6) Plastic. (7) A curb. (8) A composit…

Sec. 7. (a) As used in this chapter, "service contract" means an agreement: (1) that is effective for a specified period; and (2) under which a provider: (A) receives consideration that is separate from the lease or purchase price of a motor vehicle; and (B) agrees to provide the…

Sec. 8. As used in this chapter, "service contract reimbursement policy" means a policy of insurance that provides coverage for one (1) of the following: (1) All obligations and liabilities incurred by a provider under a service contract issued by the provider in Indiana. (2) In …

Sec. 9. As used in this chapter, "warranty" means a guarantee that: (1) is made: (A) solely by the manufacturer, importer, or seller of property or services; and (B) without consideration; (2) is not negotiated or separated from the sale of the property or services; (3) is incide…