Title 27, INSURANCE

Sec. 16. The commissioner may delegate the task of executing the powers conferred upon the commissioner under this chapter to officers of the department of insurance or other persons. However, the commissioner remains fully responsible for the proper execution of those powers. As…

Sec. 17. In order to establish guidelines and procedures necessary to implement this chapter, the commissioner shall have authority to adopt rules pursuant to IC 4-22-2. As added by P.L.124-1992, SEC.9.

Sec. 18. The department of insurance shall, every three (3) years beginning not later than November 1, 2001, publish a report regarding mine subsidence insurance provided under this chapter, including the: (1) number of claims filed; (2) amount paid for each claim; and (3) amount…

Sec. 2. As used in this chapter, "insurer" has the meaning set forth in IC 27-1-2-3(x). As added by P.L.164-1986, SEC.1.

Sec. 3. As used in this chapter, "mine subsidence" means the collapse of an underground coal mine resulting in damage to a structure. The term does not include loss caused by earthquake, landslide, volcanic eruption, or collapse of storm or sewer drains. As added by P.L.164-1986,…

Sec. 3.5. As used in this chapter, "peril" means the cause of a loss, such as a fire, an explosion, or a flood. As added by P.L.124-1992, SEC.2.

Sec. 4. As used in this chapter, "premium" has the meaning set forth in IC 27-1-2-3(w). As added by P.L.164-1986, SEC.1.

Sec. 5. As used in this chapter, "structure" means any dwelling, building, or fixture permanently fixed to real property. The term does not include land, trees, crops, or other plants. As added by P.L.164-1986, SEC.1. Amended by P.L.124-1992, SEC.3; P.L.101-2016, SEC.3.

Sec. 5.4. As used in this chapter, "type of insurance described in Class 3(a) of IC 27-1-5-1" does not include flood insurance. As added by P.L.286-2019, SEC.3.

Sec. 6. The department of natural resources shall identify and maintain a list of counties that are: (1) at least partially within the Illinois Coal Basin; or (2) underlain by coal-bearing rock formations of the Pennsylvanian system. The mine subsidence insurance provided under t…

Sec. 7. (a) The mine subsidence insurance fund is established for the purpose of making mine subsidence insurance available to owners of property located in counties identified under section 6 of this chapter. The fund shall be administered by the commissioner. Money shall be dep…

Sec. 8. (a) Coverage for damage due to mine subsidence must be available as an additional form of coverage under any insurance policy providing the type of insurance described in Class 3(a) of IC 27-1-5-1 to directly cover one (1) or more structures located in a county identified…

Sec. 8.4. If coverage for damage due to mine subsidence is added under this chapter as an additional form of coverage to a policy providing the type of insurance described in Class 3(a) of IC 27-1-5-1, the mine subsidence coverage of the policy must apply to structures in the sam…

Sec. 8.5. (a) The amount payable through mine subsidence insurance provided under this chapter for all damage caused by one (1) mine subsidence occurrence is limited to the amount of insurance that: (1) is in force with respect to the structure or structures damaged in the occurr…

Sec. 9. (a) An insurer making the type of insurance described in Class 3(a) of IC 27-1-5-1 shall enter into a reinsurance agreement with the commissioner. The reinsurance agreement must include the following terms: (1) The insurer agrees to cede to the commissioner one hundred pe…

Sec. 9.5. (a) The commissioner shall provide insurers with assistance from one (1) or more individuals with technical expertise in mine subsidence for the purpose of assisting with the adjusting of claims under coverage issued under this chapter. If the commissioner considers it …

Sec. 0.3. (a) The amendments made to this chapter and the addition of IC 27-8-4-9.5 by P.L.226-1993 are intended to be a restatement of section 8 of this chapter (before its repeal). (b) The substantive operation and effect of section 8 of this chapter (before its repeal) continu…

Sec. 10. (a) This section applies if the only motor vehicle insurance coverage provided by the owner of the motor vehicle is under a garage liability policy. (b) Notwithstanding section 7 of this chapter, any coverage available to the permittee is primary. (c) Recovery may not be…

Sec. 11. (a) This section applies to a motor vehicle while under the control of either of the following: (1) A bailee. (2) An agent or employee of a bailee. (b) As used in this section, "bailee" refers only to a person who is in the business of storing, parking, servicing, or rep…

Sec. 5. This chapter applies only to policies affording motor vehicle insurance coverage that are issued or renewed after August 31, 1983. As added by Acts 1980, P.L.174, SEC.1. Amended by P.L.261-1983, SEC.1; P.L.226-1993, SEC.2.

Sec. 6. (a) The definitions set forth in this section apply throughout this chapter. (b) "Garage liability policy" refers to any motor vehicle liability insurance policy that affords coverage to a named insured engaged in the business of selling, leasing, repairing, servicing, de…

Sec. 7. (a) This section does not apply to cases covered by section 10 or 11 of this chapter. (b) In any case arising from a permittee's use of a motor vehicle for which the owner of the vehicle has motor vehicle insurance coverage, the owner's motor vehicle insurance coverage is…

Sec. 9. (a) When a claim arises from the operation of a motor vehicle leased under a written lease agreement, if under the agreement the lessee agrees to provide coverage for damage resulting from his operation of the vehicle, then the motor vehicle insurance coverage of the less…

Sec. 1. (a) Every society authorized to do business in Indiana shall appoint in writing an individual resident of Indiana, a corporate resident of Indiana, or an authorized Indiana insurer to be its true and lawful attorney upon whom all lawful process in any action or proceeding…

Sec. 2. All decisions and findings of the commissioner made under this article shall be subject to review by proper proceedings in any court of competent jurisdiction in this state. As added by P.L.262-1985, SEC.1.

Sec. 3. (a) A person who knowingly makes any false or fraudulent statement or representation in or with reference to any application for membership or for the purpose of obtaining money from or benefits in any society transacting business under this chapter, commits a Class A mis…

Sec. 4. (a) Nothing contained in this article shall be so construed as to affect or apply to: (1) grand or subordinate lodges of societies, orders, or associations doing business in Indiana that provide benefits exclusively through local or subordinate lodges; (2) orders, societi…

Sec. 1. (a) Upon: (1) the enrollment; and (2) each reenrollment; of a subscriber, a health maintenance organization must provide to the subscriber in electronic or paper form a list of providers who provide health care services through the health maintenance organization. The hea…

Sec. 1.5. (a) A health maintenance organization shall provide any insurance producer who has contracted with the health maintenance organization with access to a complete list of every participating provider that provides health care services through the health maintenance organi…

Sec. 2. Not more than thirty (30) days after any material change in the operation of a health maintenance organization that will directly affect the subscribers or enrollees of the organization, the health maintenance organization shall provide notice of the change to the subscri…

Sec. 3. (a) A health maintenance organization shall notify an enrollee in writing of the termination of: (1) the provider who currently provides primary health care services to that enrollee; (2) any other participating provider seen by the enrollee during the previous year; and …

Sec. 4. A health maintenance organization shall provide to each enrollee and subscriber: (1) information on: (A) how services can be obtained; (B) where additional information on access to services can be obtained; (C) how to file a grievance under IC 27-13-10 and IC 27-13-10.1; …

Sec. 5. (a) This section applies to a health maintenance organization that provides coverage for prescription drugs or devices and issues a card or other technology for claims processing. (b) The card or other technology issued by a health maintenance organization must contain un…

Sec. 6. (a) As used in this section, "health plan information card" means a card that: (1) a health maintenance organization; or (2) a third party administrator of a self-insured plan; provides to an individual so that the individual may present the card to establish the eligibil…

Sec. 7. (a) The electronic data base by which a health maintenance organization or by which a third party administrator of benefits and health care services offered under a health maintenance organization contract allows an enrollee or a provider to verify an enrollee's coverage …

Sec. 1. The method or formula for allocating consideration among the eligible members shall provide for each eligible member to receive: (1) a fixed value, amount, or proportion of consideration; (2) a variable value, amount, or proportion of consideration; or (3) a combination o…

Sec. 2. Any method used or formula developed for the fair and equitable allocation of stock among eligible members under this article must utilize generally accepted actuarial principles. As added by P.L.94-1999, SEC.3.

Sec. 1. Subject to the specification required under IC 27-16-7-2(b)(3), a client and a PEO are both considered the employer of a covered employee for purposes of coverage under IC 22-3-2 through IC 22-3-7. As added by P.L.245-2005, SEC.7.

Sec. 2. The protection of the exclusive remedy provisions of IC 22-3-2-6 and IC 22-3-7-6 apply to the PEO, the client, and each covered employee and other employee of the client regardless of whether the PEO or the client is responsible to obtain the worker's compensation coverag…

Sec. 1. This chapter does not apply to a person that is exempt from registration under IC 27-17-2. As added by P.L.73-2006, SEC.3.

Sec. 2. Except as provided in section 3 of this chapter, a discount medical card program organization shall maintain in force a surety bond issued: (1) by an insurer granted a certificate of authority under this title; (2) in the discount medical card organization's name; and (3)…

Sec. 3. (a) A discount medical card program organization may, instead of maintaining a surety bond under section 2 of this chapter, maintain a deposit with: (1) the commissioner; or (2) at the discretion of the commissioner, an organization or a trustee approved by the commission…

Sec. 4. Assets or securities held in Indiana as a deposit under this chapter are not subject to levy by a judgment creditor or other claimant, except the commissioner, against the discount medical card program organization. As added by P.L.73-2006, SEC.3.