Title 27, INSURANCE

Sec. 26. (a) A licensee is exempt from sections 16 through 20 of this chapter if the licensee has: (1) fewer than fifty (50) employees; (2) less than five million dollars ($5,000,000) in gross annual revenue; or (3) less than ten million dollars ($10,000,000) in year-end total as…

Sec. 27. If a licensee violates this chapter, the insurance commissioner may, after notice and hearing under IC 4-21.5, suspend or revoke the license, certificate of authority, or registration of the licensee. As added by P.L.130-2020, SEC.10.

Sec. 28. The insurance commissioner may adopt rules under IC 4-22-2 to carry out the provisions of this chapter. As added by P.L.130-2020, SEC.10.

Sec. 29. This chapter does not create a private right of action against any person. As added by P.L.130-2020, SEC.10.

Sec. 3. As used in this chapter, "commissioner" refers to the insurance commissioner appointed under IC 27-1-1-2. As added by P.L.130-2020, SEC.10.

Sec. 30. Notwithstanding any other provision of law, this chapter establishes the exclusive state standards applying to licensees for: (1) data security; (2) the investigation of a cybersecurity event; and (3) notification to the insurance commissioner concerning a cybersecurity …

Sec. 31. The requirements of this chapter do not apply to a financial institution (as defined in 15 U.S.C. 6809), except to the extent the financial institution transacts insurance business. As added by P.L.130-2020, SEC.10.

Sec. 32. (a) A licensee that satisfies the requirements of this chapter is entitled to an affirmative defense to any cause of action sounding in tort that: (1) is brought under the laws or in the courts of this state; and (2) alleges that the failure to implement reasonable infor…

Sec. 4. As used in this chapter, "consumer" means a resident of Indiana whose nonpublic information is in a licensee's possession, custody, or control. As added by P.L.130-2020, SEC.10.

Sec. 5. As used in this chapter, "cybersecurity event" means an event resulting in unauthorized access to or a disruption or misuse of an information system or nonpublic information stored on the information system that has a reasonable likelihood of materially harming a consumer…

Sec. 6. As used in this chapter, "department" means the department of insurance created by IC 27-1-1-1. As added by P.L.130-2020, SEC.10.

Sec. 7. As used in this chapter, "encrypted" means the transformation of data into a form that results in a low probability of assigning meaning without the use of a protective process or key. As added by P.L.130-2020, SEC.10.

Sec. 8. As used in this chapter, "information security program" means the administrative, technical, and physical safeguards that a licensee uses to access, collect, distribute, process, protect, store, use, transmit, dispose of, or otherwise handle nonpublic information. As adde…

Sec. 9. As used in this chapter, "information system" means either of the following: (1) A discrete set of electronic information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of nonpublic information. (2) Any special…

Sec. 1. For purposes of this chapter, "early intervention services" means services provided to a first steps child under IC 12-12.7-2 and 20 U.S.C. 1432(4). As added by P.L.121-1999, SEC.13. Amended by P.L.93-2006, SEC.17.

Sec. 2. For purposes of this chapter, "first steps child" means an infant or toddler from birth through two (2) years of age who is enrolled in the Indiana first steps program and is an insured. As added by P.L.121-1999, SEC.13.

Sec. 3. As used in this chapter, "first steps program" means the program established under IC 12-12.7-2 and 20 U.S.C. 1431 et seq. to meet the needs of: (1) children who are eligible for early intervention services; and (2) their families. The term includes the coordination of al…

Sec. 4. (a) For purposes of this chapter, "health insurance plan" means any: (1) hospital or medical expense incurred policy or certificate; (2) hospital or medical service plan contract; or (3) health maintenance organization subscriber contract; provided to an insured. (b) The …

Sec. 5. As used in this chapter, "insured" means an individual covered by a health insurance plan. As added by P.L.121-1999, SEC.13.

Sec. 6. (a) A health insurance plan that provides coverage for early intervention services shall reimburse the first steps program a monthly fee established by the division of disability, aging, and rehabilitative services. Except when the monthly fee is less than the product det…

Sec. 8. The reimbursement required under section 6 of this chapter may not be applied to any annual or aggregate lifetime limit on the first steps child's coverage under the health insurance plan. As added by P.L.121-1999, SEC.13.

Sec. 9. The first steps program may pay required deductibles, copayments, or other out-of-pocket expenses for a first steps child directly to a provider. An insurer (as defined in IC 27-8-14.5-3) shall apply any payments made by the first steps program to the health insurance pla…

Sec. 1. Each health maintenance organization subject to this article shall pay to the commissioner for deposit into the department of insurance fund established by IC 27-1-3-28 the following fees: (1) Three hundred fifty dollars ($350) for filing: (A) an application for a certifi…

Sec. 2. In addition to the fees required by section 1 of this chapter, a health maintenance organization subject to this article must pay the fees required by IC 27-1-3-15. For purposes of IC 27-1-3-15, a contract between a health maintenance organization and a subscriber or enro…

Sec. 1. This chapter governs the qualifications and procedure for the licensing of independent adjusters. As added by P.L.11-2011, SEC.22.

Sec. 10. A person shall not: (1) act as an independent adjuster in Indiana; or (2) hold the person's self out as an independent adjuster in Indiana; unless the person is licensed or exempt from licensure under this chapter. As added by P.L.11-2011, SEC.22.

Sec. 11. (a) If a catastrophe is declared, an insurer may contract with an individual who: (1) is not licensed under this chapter; but (2) is otherwise qualified to adjust claims; to act as a temporary emergency independent adjuster on behalf of the insurer if the insurer obtains…

Sec. 12. (a) An individual may apply for a resident independent adjuster license by submitting: (1) a Uniform Application for Individual Adjusters to the commissioner with a declaration, under penalty of suspension, revocation, or refusal of licensure, that the statements made in…

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.