Title 27, INSURANCE

Sec. 1. As used in this chapter, "available insurance proceeds" means the proceeds payable under an insurance policy based upon a claim for damage to or loss of a building or other structure caused by fire or explosion, minus proceeds paid to: (1) the insured for emergency living…

Sec. 10. The insurance commissioner may adopt rules under IC 4-22-2 necessary to implement this chapter. These rules must include a procedure for the administration of escrow accounts established under section 5 of this chapter, including the disposition of any funds in the escro…

Sec. 2.5. As used in this chapter, "department" refers to the department of insurance created by IC 27-1-1-1. As added by P.L.238-2013, SEC.2.

Sec. 3. As used in this chapter, "enforcement authority" has the meaning set forth in IC 36-7-9-2. As added by P.L.247-1989, SEC.2.

Sec. 3.2. (a) As used in this chapter, "final settlement" means a determination: (1) of the amount owed to an insured: (A) under the building coverage part of an insurance policy issued by an insurer; and (B) for damage to or loss of a building or other structure caused by fire o…

Sec. 4. As used in this chapter, "insurer" means a fire and marine insurance company, as defined in IC 27-1-2-3(u). As added by P.L.247-1989, SEC.2.

Sec. 4.2. As used in this chapter, "municipality" has the meaning set forth in IC 36-1-2-11. As added by P.L.238-2013, SEC.4.

Sec. 4.3. (a) This chapter applies to damage to or loss of a building or structure caused by fire or explosion only if all of the following are true: (1) The municipality in which the building or structure is located is included on the list maintained by the department under sect…

Sec. 4.4. (a) A municipality may elect to be governed by this chapter by submitting to the department a written request. The request must: (1) be approved by adoption of an ordinance by the municipality's legislative body; and (2) contain contact information for the specific indi…

Sec. 4.5. (a) An insurer that: (1) issued an insurance policy that: (A) covers a building or other structure that is: (i) located in a municipality governed by this chapter; and (ii) damaged by a fire or explosion; and (B) is in effect at the time that the fire or explosion occur…

Sec. 5. (a) This section does not apply to damage or loss to a building or structure described in section 4.5 of this chapter if: (1) not more than fifteen (15) days after final settlement has occurred concerning the building or structure, the named insured files with the insurer…

Sec. 6. (a) Upon a judgment being rendered under IC 36-7-9-13(c) or IC 36-7-9-13(d), the municipality is entitled to the available insurance proceeds set aside only: (1) to the extent of the costs set forth in IC 36-7-9-12; and (2) for demolition and rehabilitation expenses certi…

Sec. 7. An insurer complying with this chapter or attempting in good faith to comply with this chapter is immune from civil and criminal liability in connection with actions taken under this chapter, and those actions, including withholding payment of any insurance proceeds under…

Sec. 8. Insurance proceeds set aside in an escrow account under section 5 of this chapter shall be considered as having been paid to the insured in satisfaction of any contractual liability under the policy. As added by P.L.247-1989, SEC.2.

Sec. 9. The department, the commissioner and employees of the department, the state fire marshal, a deputy fire marshal, an enforcement authority, or an officer of a municipality complying with this chapter or attempting in good faith to comply with this chapter is immune from ci…

Sec. 0.1. The addition of this chapter by P.L.194-1991 applies to the repair of motor vehicles under insurance policies issued or renewed after June 30, 1991. As added by P.L.220-2011, SEC.430.

Sec. 1. (a) As used in this chapter, "body part" means a replacement for any of the nonmechanical sheet metal or plastic parts that generally constitute the exterior of a motor vehicle. (b) The term includes the inner and outer panels of the body of a motor vehicle. As added by P…

Sec. 10. An insurer that: (1) is subject to the requirement set forth in section 8(c) of this chapter with respect to the repair of a motor vehicle; (2) does not satisfy this requirement; and (3) directs a body shop to repair the motor vehicle; commits an unfair claims settlement…

Sec. 11. An insurer that: (1) under section 8(c) of this chapter gives an insured an opportunity to indicate in writing the type of body part that the insured approves for use in the repair of the motor vehicle; and (2) directs a body shop to repair the motor vehicle using a type…

Sec. 12. An insurer that: (1) under section 8(c) of this chapter gives an insured an opportunity to indicate in writing the type of body parts that the insured approves for use in the repair of a motor vehicle; and (2) refuses to: (A) pay for; or (B) direct a body shop to use; th…

Sec. 13. An act that an insurer is required to perform under this chapter shall be considered to have been performed by the insurer if the act is performed by: (1) an agent of the insurer; or (2) a body shop that the insurer directs to repair a motor vehicle. As added by P.L.194-…

Sec. 2. As used in this chapter, "body shop" means a business that repairs damage to the exterior of motor vehicles. As added by P.L.194-1991, SEC.2.

Sec. 3. As used in this chapter, "insured" means a person who is entitled to the coverage provided by an insurance policy. As added by P.L.194-1991, SEC.2.

Sec. 4. As used in this chapter, "insurer" has the meaning set forth in IC 27-1-2-3. As added by P.L.194-1991, SEC.2.

Sec. 5. As used in this chapter, "motor vehicle" has the meaning set forth in IC 9-13-2-105. As added by P.L.194-1991, SEC.2. Amended by P.L.1-1992, SEC.150.

Sec. 6. As used in this chapter, "new body part" means a body part that has not previously been attached to a motor vehicle. As added by P.L.194-1991, SEC.2.

Sec. 7. As used in this chapter, "used body part" means a body part that has previously been attached to a motor vehicle. As added by P.L.194-1991, SEC.2.

Sec. 8. (a) An insurer that is obligated to pay at least part of the cost of repairing the exterior of a motor vehicle under an insurance policy issued by the insurer may not direct a body shop to repair the motor vehicle until the insurer has presented the insured with a written…

Sec. 9. An insurer that: (1) is required to give a written notice to an insured under section 8 of this chapter concerning the repair of a motor vehicle; (2) does not give the insured a written notice that meets the requirements set forth in section 8(b) of this chapter; and (3) …

Sec. 1. As used in this chapter, "casualty insurance company" has the meaning set forth in IC 27-1-2-3(t). As added by P.L.146-2015, SEC.32.

Sec. 2. As used in this chapter, "group" means a group of individuals who: (1) have similar professional attributes; (2) belong to the group for purposes other than that of obtaining insurance; and (3) are eligible to purchase motor vehicle insurance. As added by P.L.146-2015, SE…

Sec. 3. As used in this chapter, "group non-trucking liability insurance policy" means a policy of insurance that provides non-trucking liability insurance, and may provide optional physical damage insurance coverage, to participating group members under one (1) master policy: (1…

Sec. 4. As used in this chapter, "motor vehicle insurance" means the type of insurance described in IC 27-1-5-1, Class 2(f). As added by P.L.146-2015, SEC.32.

Sec. 5. As used in this chapter, "non-trucking liability insurance" means insurance that provides third party liability coverage for property damage or bodily injury caused by the operation of a for hire motor carrier truck for purposes other than for hire motor carrier truck pur…

Sec. 6. An insurer that is authorized under IC 27-1-3-20 to: (1) transact business as a casualty insurance company; and (2) offer motor vehicle insurance; may provide a group non-trucking liability insurance policy. As added by P.L.146-2015, SEC.32.

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of sections 8.5, 10.5, 27, 28, 29, 30, 31, 32, 33, and 34 (before its repeal) of this chapter by P.L.93-1995 applies to all small employer health insurance plans issued or renewed under this cha…

Sec. 1. This chapter applies to any group health insurance plan that is issued for delivery in Indiana to at least two (2) employees of a small employer located in Indiana if one (1) of the following conditions is met: (1) Any part of the premium or benefits is paid by a small em…

Sec. 10. As used in this chapter, "insurer" means any person who provides health insurance in Indiana. The term includes the following: (1) A licensed insurance company. (2) A prepaid hospital or medical service plan. (3) A health maintenance organization. (4) A multiple employer…

Sec. 10.5. (a) As used in this chapter, "late enrollee" means an eligible employee or a dependent of an eligible employee who did not request enrollment in a health insurance plan of a small employer during the initial enrollment period during which the individual was entitled to…

Sec. 11. As used in this chapter, "midpoint rate" means for small employers with similar case and benefit design characteristics the arithmetic average of the applicable base premium rate and the corresponding highest premium rate. As added by P.L.127-1992, SEC.1.

Sec. 12. As used in this chapter, "new business premium rate" means the premium rate charged or offered by the small employer insurer to small employers with similar case characteristics and benefit design characteristics for newly issued health insurance plans. As added by P.L.1…

Sec. 13. As used in this chapter, "rating period" means the calendar period for which premium rates established by a small employer insurer are assumed to be in effect, as determined by the small employer insurer. As added by P.L.127-1992, SEC.1.

Sec. 14. (a) This subsection applies only with respect to grandfathered health plan coverage described in 45 CFR 147.140. As used in this chapter, "small employer" means any person, firm, corporation, limited liability company, partnership, or association actively engaged in busi…

Sec. 15. As used in this chapter, "small employer insurer" means any insurer that offers a health insurance plan covering the employees of a small employer. As added by P.L.127-1992, SEC.1.

Sec. 16. Premium rates for a health insurance plan are subject to the following: (1) For all small employer business, the premium rates charged during a rating period to small employers with similar case characteristics for the same or similar benefit design characteristics, or t…

Sec. 17. (a) This chapter is not intended to affect the use by a small employer insurer of legitimate rating factors other than claim experience, health status, or duration of coverage in the determination of premium rates. (b) A small employer insurer shall apply rating factors,…