CHAPTER 17. DISCRIMINATION IN INSURANCE

IC 27-2-17
    Chapter 17. Discrimination in Insurance

IC 27-2-17-1
"Commissioner" defined
    Sec. 1. As used in this chapter, "commissioner" means theinsurance commissioner of Indiana.
As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48.

IC 27-2-17-2
"Department" defined
    Sec. 2. As used in this chapter, "department" means thedepartment of insurance of Indiana.
As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48.

IC 27-2-17-3
"Independent insurance producer" defined
    Sec. 3. As used in this chapter, "independent insurance producer"means an insurance producer who:
        (1) represents an insurer in the sale of insurance as anindependent contractor rather than as an employee; and
        (2) is not limited to representing:
            (A) one (1) insurer; or
            (B) several insurers that are under common management.
As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48.Amended by P.L.178-2003, SEC.32.

IC 27-2-17-4
"Property or casualty insurance" defined
    Sec. 4. As used in this chapter, "property or casualty insurance"means a type of insurance described in Class 2 and Class 3 ofIC 27-1-5-1. However, the term does not mean insurance describedin Class 2(a) of IC 27-1-5-1.
As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48.

IC 27-2-17-5
Discrimination based on geographical location prohibited
    Sec. 5. (a) This chapter applies to an insurer that obtains acertificate of authority under IC 27-1-3-20 as:
        (1) a domestic insurer formed under IC 27-1-6;
        (2) a foreign insurer that has become a domestic insurer underIC 27-1-6.5; or
        (3) a foreign or an alien insurer under IC 27-1-17.
    (b) An insurer that:
        (1) obtains a certificate of authority authorizing the insurer toprovide property or casualty insurance in Indiana; and
        (2) provides property or casualty insurance covering risks inany location in Indiana;
may not cancel or refuse to issue or renew a policy of property orcasualty insurance based solely on the geographical location of the

risk within Indiana. This subsection does not preclude an insurerfrom refusing to issue or renew or from canceling a policy based onsound underwriting or actuarial principles reasonably related toactual or anticipated loss experience or any other sound businesspurpose.
    (c) If an insurer is found by the commissioner to have violatedsubsection (b), the commissioner may, after a hearing, suspend orrevoke the certificate of authority of the insurer.
    (d) Any determination made by the commissioner under thissection is subject to IC 4-21.5.
    (e) Except as provided in subsection (f), the department hasexclusive jurisdiction to investigate any alleged violation of thissection.
    (f) Subsection (e) is not intended to restrict the jurisdiction, if any,the civil rights commission may have under IC 22-9-1-4.
As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48.

IC 27-2-17-6
Appointment of independent insurance producers; jurisdiction;hearing; violation; administrative orders and procedures; evidence
    Sec. 6. (a) An insurance company that issues property or casualtyinsurance shall not discriminate in the appointment of anindependent insurance producer on the basis of race, color, nationalorigin, or gender.
    (b) Except as provided in subsection (c), the department hasexclusive jurisdiction to investigate any complaints of discriminationin the appointment of independent insurance producers in violationof subsection (a).
    (c) If the commissioner of the department determines after ahearing that an insurance company has violated subsection (a), thecommissioner may order one (1) of the following remedies:
        (1) Payment of a civil penalty of not more than two thousanddollars ($2,000) for each violation.
        (2) Suspension or revocation of the insurance company'scertificate of authority if the commissioner determines that theviolation was willful or wanton and that similar violations havebeen committed by that company with a frequency thatconstitutes a general business practice.
        (3) Any other remedy agreed to by the department and theinsurance company.
    (d) Any determination made by the commissioner under thissection is subject to IC 4-21.5.
    (e) Findings of the department under this section may not beconsidered as evidence in any civil action other than an appeal asprovided under IC 4-21.5.
As added by P.L.116-1994, SEC.48 and P.L.130-1994, SEC.37.Amended by P.L.2-1995, SEC.103; P.L.178-2003, SEC.33.