Title 27, INSURANCE

Sec. 10. As used in this chapter, "insurance producer" has the meaning set forth in IC 27-1-15.6-2. As added by P.L.201-2003, SEC.1. Amended by P.L.11-2011, SEC.24.

Sec. 11. As used in this chapter, "insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based on credit information for the purpose of predicting the future insurance loss exposure of an individual cons…

Sec. 12. As used in this chapter, "insured" means an individual entitled to coverage under a personal insurance policy. As added by P.L.201-2003, SEC.1.

Sec. 13. As used in this chapter, "insurer" refers to an insurer (as defined in IC 27-1-2-3) that issues a personal insurance policy. As added by P.L.201-2003, SEC.1.

Sec. 14. As used in this chapter, "personal insurance policy" means a policy that: (1) provides one (1) or more of the kinds of insurance described in Class 2 or Class 3 of IC 27-1-5-1; and (2) is underwritten on an individual basis for personal, family, or household use. As adde…

Sec. 15. This chapter does not apply to commercial insurance. As added by P.L.201-2003, SEC.1.

Sec. 16. (a) An insurer that uses credit information to underwrite or rate risks shall not do the following: (1) Use an insurance score that is calculated using income, gender, address, ZIP code, ethnic group, religion, marital status, or nationality of the consumer as a factor. …

Sec. 17. (a) If: (1) a determination is made through the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 U.S.C. 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete; and (2) the insurer receives notice of the …

Sec. 18. (a) If an insurer uses credit information in underwriting or rating a consumer, the insurer or the insurer's agent shall disclose, either on the insurance application or at the time the insurance application is taken, that the insurer may obtain credit information in con…

Sec. 19. (a) If an insurer takes an adverse action based on credit information, the insurer shall: (1) provide notice to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, 15 U.S.C. 1681m(a); and (2) p…

Sec. 2. As used in this chapter, "affiliate" means a company that controls, is controlled by, or is under common control with another company. As added by P.L.201-2003, SEC.1.

Sec. 20. (a) An insurer that uses an insurance score to underwrite and rate risks shall file the insurer's scoring models or other scoring processes with the department. (b) A third party may file a scoring model or scoring process on behalf of an insurer. (c) A filing that inclu…

Sec. 21. (a) An insurer shall indemnify and defend an insurance producer and hold an insurance producer harmless from and against liability, fees, and costs arising out of or related to the actions, errors, or omissions of the insurance producer relating to a use of credit inform…

Sec. 22. (a) A consumer reporting agency may not provide or sell data or lists that include information submitted in conjunction with: (1) an insurance inquiry about a consumer's credit information; or (2) a request for a credit report or insurance score; including the expiration…

Sec. 23. A violation of this chapter by an insurer is an unfair and deceptive act and practice in the business of insurance under IC 27-4-1-4. As added by P.L.201-2003, SEC.1.

Sec. 3. As used in this chapter, "applicant" means an individual who has applied with an insurer for coverage under a personal insurance policy. As added by P.L.201-2003, SEC.1.

Sec. 4. As used in this chapter, "commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2. As added by P.L.201-2003, SEC.1.

Sec. 5. As used in this chapter, "consumer" means an: (1) insured whose: (A) credit information is used; or (B) insurance score is calculated; in the underwriting or rating of a personal insurance policy; or (2) applicant for a personal insurance policy. As added by P.L.201-2003,…

Sec. 6. As used in this chapter, "consumer reporting agency" means a person that, for a monetary fee or dues or on a cooperative nonprofit basis, regularly engages in the practice of assembling or evaluating consumer credit information or other information concerning consumers fo…

Sec. 7. As used in this chapter, "credit information" means credit related information: (1) derived from a credit report; (2) found on a credit report; or (3) provided on an application for a personal insurance policy. The term does not include information that is not credit rela…

Sec. 8. As used in this chapter, "credit report" means a written, an oral, or another communication of information by a consumer reporting agency concerning a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used or collected as a fa…

Sec. 9. As used in this chapter, "department" refers to the department of insurance created by IC 27-1-1-1. As added by P.L.201-2003, SEC.1.

Sec. 1. This chapter applies to an advertisement that is broadcast, published, or otherwise presented to the general public in Indiana. As added by P.L.1-1994, SEC.138.

Sec. 2. An advertisement that refers to an interest rate guarantee applying to a life insurance product or to an annuity contract must state the period for which the interest rate is guaranteed. As added by P.L.1-1994, SEC.138.

Sec. 3. The presentation to the general public of an advertisement that violates section 2 of this chapter is an unfair and deceptive act or practice in the business of insurance under IC 27-4-1-4. As added by P.L.1-1994, SEC.138.

Sec. 1. To qualify to represent a health maintenance organization or a limited service health maintenance organization, an insurance producer shall be licensed with an accident and health or sickness qualification under IC 27-1-15.6-7. As added by P.L.26-1994, SEC.25. Amended by …

Sec. 1. As used in this chapter, "nonprofit agricultural organization" means an organization: (1) that is exempt from taxation under Section 501(c)(5) of the Internal Revenue Code; (2) that is domiciled in Indiana; (3) that was in existence before 1950; and (4) the members of whi…

Sec. 10. Health coverage provided to an individual under this chapter: (1) must include coverage for: (A) ambulatory patient services; (B) hospitalization; (C) emergency services; and (D) laboratory services; and (2) may not be subject to an annual limit of less than two million …

Sec. 11. The provisions of this chapter are severable in the manner provided in IC 1-1-1-8(b). As added by P.L.136-2020, SEC.1.

Sec. 2. As used in this chapter, "nonprofit agricultural organization coverage" means health benefit coverage that is: (1) sponsored by: (A) a nonprofit agricultural organization; or (B) an affiliate of a nonprofit agricultural organization; (2) offered only to: (A) members of th…

Sec. 3. Before an organization may offer health benefit coverage under this chapter, the organization must file with the insurance commissioner a certification that: (1) the organization qualifies as a nonprofit agricultural organization under section 1 of this chapter; and (2) t…

Sec. 4. (a) Nonprofit agricultural organization coverage provided under this chapter: (1) is not insurance; (2) shall not be considered to be insurance under this title or any other provision of Indiana law; and (3) is not subject to the regulatory authority of the department of …

Sec. 5. A nonprofit agricultural organization offering coverage under this chapter shall annually file with the department of insurance a written, signed opinion of a qualified actuary that the plan reserves of the nonprofit agricultural organization and its affiliate are adequat…

Sec. 6. A nonprofit agricultural organization offering coverage under this chapter shall reinsure all or a portion of its risks under this coverage with a company authorized to transact reinsurance business or stop-loss insurance business in Indiana. As added by P.L.136-2020, SEC…

Sec. 7. A nonprofit agricultural organization offering coverage under this chapter shall adopt a complaint procedure that is materially similar to the procedure used by the department of insurance. As added by P.L.136-2020, SEC.1.

Sec. 8. (a) When an individual applies for health coverage provided under this chapter, the nonprofit agricultural organization offering the health coverage shall inform the individual that the health coverage: (1) is not considered insurance; and (2) is not subject to the admini…

Sec. 9. An individual may not apply for health coverage provided under this chapter until the individual has been a member of the nonprofit agricultural organization offering the health coverage for at least thirty (30) days. As added by P.L.136-2020, SEC.1.

Sec. 1. The purpose of this chapter is to promote the public welfare by empowering the commissioner of insurance to regulate insurance rates to the end that they shall not be excessive, inadequate, or unfairly discriminatory, and to encourage reasonable competition among insuranc…

Sec. 10. Subject to and in compliance with all other provisions of this chapter, two (2) or more insurers may act in concert with each other and with others with respect to any matters within the purview of this chapter and are authorized to act in concert between or among themse…

Sec. 11. (a) Any subscriber which has authorized a rating organization to making filings on its behalf and any member thereof which does not wish to act under sections 4(h) and 4(i) of this chapter may appeal to the commissioner from the action or decision of such rating organiza…

Sec. 12. Any insured may, in writing, request his insurer or its rating organization to review the manner in which its filing or the filing made by a rating organization on its behalf has been applied with respect to insurance afforded him. Any such insured aggrieved by the failu…

Sec. 13. (a) Every group, association, or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating organizations in ratemaking, by the collection and furnishing of loss or expense statistics, or by…

Sec. 14. (a) Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as provided in this chapter, subject, however, with respect to joint underwriting, to all other pr…

Sec. 15. (a) The commissioner shall, at least once every three (3) years, make or cause to be made an examination of each licensed rating organization, and may, as often as he may deem it expedient, make or cause to be made an examination of each advisory organization and of each…

Sec. 16. a. The commissioner shall approve reasonable rules and statistical plans, reasonably adapted to each of the rating systems on file with him, which may be modified from time to time and which shall be used thereafter by each insurer in the recording and reporting of its l…

Sec. 17. No person may knowingly withhold information from, or knowingly give false or misleading information to, the commissioner or the department, to any statistical agency designated by the department, to any rating organization, or to any insurer, which will affect the rates…