CHAPTER 3. RESTRICTIONS ON UNLAWFUL INSURANCE PRODUCER REPRESENTATION
IC 27-4-3
Chapter 3. Restrictions on Unlawful Insurance ProducerRepresentation
IC 27-4-3-1
Two or more companies coercing or inducing insurance producerto refrain from representing additional companies
Sec. 1. It is hereby declared unlawful for any two (2) or moreinsurance companies writing the same class, or classes, of risks anddoing business in this state, directly or indirectly, to enter into anyarrangement, contract, agreement, understanding, combination orassociation to require, coerce or induce any insurance producer orrepresentative of any two (2) or more of such insurance companieswithin the state of Indiana to refrain from representing other suchinsurance companies, or to afford any advantage to any insuranceproducer to refrain from representing other such insurancecompanies or to impose upon the insurance producer anydisadvantage by reason of the insurance producer's acting asrepresentative of other such insurance companies.
(Formerly: Acts 1937, c.46, s.1.) As amended by P.L.178-2003,SEC.36.
IC 27-4-3-2
Insurance producer's agreement not to represent additionalcompanies; exclusive representation of single company
Sec. 2. (a) It is unlawful for any insurance producer representingor acting for two (2) or more insurance companies writing the sameclass or classes, of risks to enter, either directly or indirectly, into anyagreement, arrangement, contract or understanding with one (1) ormore of such companies that the insurance producer will refrain fromrepresenting any other like company or companies, and it is unlawfulfor any such insurance company, not having a contract requiring aninsurance producer to represent the insurance company alone, in anymanner to require, coerce, or induce any insurance producer torefrain from representing any other like company or companies.
(b) This section does not prevent any insurance company orinsurance producer from at any time entering into a bona fidecontract whereby an insurance producer agrees that the insuranceproducer will thereafter represent a single company exclusively.
(Formerly: Acts 1937, c.46, s.2.) As amended by P.L.178-2003,SEC.37.
IC 27-4-3-3
Violations; license suspension; public hearing; appeal
Sec. 3. For violation of any provision of this chapter, the licenseof the offending company or insurance producer to transact thebusiness of insurance within the state of Indiana shall be suspendedfor a period of three (3) years. Whenever information of any suchviolation shall come to the knowledge of the commissioner ofinsurance, the commissioner shall issue an order fixing a day certain,
not more than thirty (30) nor less than twenty (20) days from themaking thereof, upon which the offender shall appear and showcause why such penalty should not be enforced, such orderspecifying with reasonable certainty the violation charged, and if,after hearing, the commissioner shall determine that the company orinsurance producer is guilty of such violation, the commissioner shallforthwith suspend the license of the offender for a period of three (3)years. Such hearing shall be public, and at any such hearing anyperson or corporation having lodged information of such violationwith the commissioner shall be entitled to be present and submitevidence. Within thirty (30) days after the suspension of any suchlicense, the insurance producer or company whose license has beensuspended may appeal from the ruling of the commissioner ofinsurance to the circuit or superior court of the county in which theinsurance producer resides or in which such company has itsprincipal place of business, and if such company be a foreigninsurance company then such appeal may be taken by such companyto the circuit or superior court of Marion County.
(Formerly: Acts 1937, c.46, s.3.) As amended by P.L.252-1985,SEC.158; P.L.178-2003, SEC.38.