IC 27-4-6
    Chapter 6. Unauthorized Insurers False Advertising Process Act

IC 27-4-6-1
Purpose; liberal construction
    Sec. 1. (a) The purpose of this chapter is to subject to thejurisdiction of the insurance commissioner of this state and to thejurisdiction of the courts of this state insurers, not authorized totransact business in this state, which place in or send into this stateany false advertising designed to induce residents of this state topurchase insurance from insurers not authorized to transact businessin this state. The legislature declares it is in the interest of thecitizens of this state who purchase insurance from insurers whichsolicit insurance business in this state in the manner set forth in thepreceding sentence that such insurers be subject to the provisions ofthis chapter. In furtherance of such state interest, the legislatureprovides in this chapter a method of substituted service of processupon such insurers and declares that in so doing, it exercises itspower to protect its residents and also exercises powers andprivileges available to the state by virtue of 15 U.S.C. 1011 et seq.,which declares that the business of insurance and every personengaged therein shall be subject to the laws of the several states; theauthority provided in this chapter to be in addition to any otherpowers of this state.
    (b) The provisions of this chapter shall be liberally construed.
(Formerly: Acts 1963, c.163, s.1.) As amended by P.L.252-1985,SEC.170.

IC 27-4-6-2
Definitions
    Sec. 2. When used in this chapter:
    "Commissioner" shall mean the commissioner of insurance of thisstate.
    "Residents" shall mean and include person, partnership, limitedliability company, or corporation, domestic, alien, or foreign.
(Formerly: Acts 1963, c.163, s.2.) As amended by P.L.252-1985,SEC.171; P.L.8-1993, SEC.419.

IC 27-4-6-3
Advertising in violation of Unfair Trade Practice Act byunauthorized foreign or alien insurer; notice to insurer andsupervisory official of domiciliary state
    Sec. 3. No unauthorized foreign or alien insurer of the kinddescribed in section 1 of this chapter shall make, issue, circulate, orcause to be made, issued, or circulated, to residents of this state anyestimate, illustration, circular, pamphlet, or letter, or cause to bemade in any newspaper, magazine, or other publication or over anyradio or television station, any announcement or statement to suchresidents misrepresenting its financial condition or the terms of anycontracts issued or to be issued or the benefits or advantages

promised thereby, or the dividends or share of the surplus to bereceived thereon in violation of IC 27-4-1, and whenever thecommissioner shall have reason to believe that any such insurer isengaging in such unlawful advertising, he shall give notice of suchfact by registered mail to such insurer and to the insurancesupervisory official of the domiciliary state of such insurer. For thepurpose of this section, the domiciliary state of an alien insurer shallbe deemed to be the state of entry or the state of the principal officein the United States.
(Formerly: Acts 1963, c.163, s.3.) As amended by P.L.252-1985,SEC.172.

IC 27-4-6-4
Failure of unauthorized foreign or alien insurer to cease unlawfuladvertising after notice; action under Unfair Trade Practice Act
    Sec. 4. If after thirty (30) days following the giving of the noticementioned in section 3 of this chapter such insurer has failed to ceasemaking, issuing, or circulating such misrepresentations or causing thesame to be made, issued, or circulated in this state, and if thecommissioner has reason to believe that a proceeding by him inrespect to such matters would be to the interest of the public, and thatsuch insurer is issuing or delivering contracts of insurance toresidents of this state or collecting premiums on such contracts ordoing any of the acts enumerated in section 5 of this chapter, he shalltake action against such insurer under IC 27-4-1.
(Formerly: Acts 1963, c.163, s.4.) As amended by P.L.252-1985,SEC.173.

IC 27-4-6-5
Acts of unauthorized foreign or alien insurer appointingcommissioner as attorney for service of process; method of service
    Sec. 5. (a) Any of the following acts in this state, effected by mailor otherwise, by any such unauthorized foreign or alien insurer:
        (1) the issuance or delivery of contracts of insurance toresidents of this state;
        (2) the solicitation of applications for such contracts;
        (3) the collection of premiums, membership fees, assessmentsor other considerations for such contracts; or
        (4) any other transaction of insurance business;
is equivalent to and shall constitute an appointment by such insurerof the commissioner of insurance, and his successor or successors inoffice, to be its true and lawful attorney, upon whom may be servedall statements of charges, notices and lawful process in anyproceeding instituted in respect to the misrepresentations set forth insection 3 of this chapter under the provisions of IC 27-4-1 or in anyaction, suit, or proceeding for the recovery of any penalty thereinprovided, and any such act shall be signification of its agreement thatsuch service of statement of charges, notices, or process is of thesame legal force and validity as personal service of such statementof charges, notices, or process in this state, upon such insurer.    (b) Service of a statement of charges and notices under IC 27-4-1shall be made by any deputy or employee of the department ofinsurance delivering to and leaving with the commissioner or someperson in apparent charge of his office, two (2) copies thereof.Service of process issued by any court in any action, suit, orproceeding to collect any penalty under IC 27-4-1 shall be made bydelivering and leaving with the commissioner, or some person inapparent charge of his office, two (2) copies thereof. Thecommissioner shall forthwith cause to be mailed by registered mailone (1) of the copies of such statement of charges, notices, or processto the defendant at its last known principal place of business, andshall keep a record of all statements of charges, notices, and processso served. Such service of statement of charges, notices, or processshall be sufficient provided they shall have been so mailed and thedefendant's receipt or receipt issued by the post office with which theletter is registered, showing the name of the sender of the letter andthe name and address of the person to whom the letter is addressed,and the affidavit of the person mailing such letter showing acompliance with this section are filed with the commissioner in thecase of any statement of charges or notices, or with the clerk of thecourt in which such action is pending in the case of any process, onor before the date the defendant is required to appear or within suchfurther time as may be allowed.
    (c) Service of statement of charges, notices, and process in anysuch proceeding, action, or suit shall, in addition to the mannerprovided in subsection (b), be valid if served upon any person withinthis state who on behalf of such insurer is:
        (1) soliciting insurance;
        (2) making, issuing, or delivering any contract of insurance; or
        (3) collecting or receiving in this state any premium forinsurance;
and a copy of such statement of charges, notices, or process is sentwithin ten (10) days thereafter by registered mail by or on behalf ofthe commissioner to the defendant at the last known principal placeof business of the defendant, and the defendant's receipt, or thereceipt issued by the post office with which the letter is registered,showing the name of the sender of the letter, the name and addressof the person to whom the letter is addressed, and the affidavit of theperson mailing the same showing a compliance with this section arefiled with the commissioner in the case of any statement of chargesor notices, or with the clerk of the court in which such action ispending in the case of any process, on or before the date thedefendant is required to appear or within such further time as thecourt may allow.
    (d) No cease or desist order or judgment by default or a judgmentby confession under this section shall be entered until the expirationof thirty (30) days from the date of the filing of the affidavit ofcompliance.
    (e) Service of process and notice under the provisions of thischapter shall be in addition to all other methods of service provided

by law, and nothing in this chapter shall limit or prohibit the right toserve any statement of charges, notices, or process upon any insurerin any other manner permitted by law.
(Formerly: Acts 1963, c.163, s.5.) As amended by P.L.252-1985,SEC.174.

IC 27-4-6-6
Short title
    Sec. 6. This chapter may be cited as the Unauthorized InsurersFalse Advertising Process Act.
(Formerly: Acts 1963, c.163, s.7.) As amended by P.L.252-1985,SEC.175.