CHAPTER 17. INSURANCE: IMMUNITY FOR ACTS OR OMISSIONS IN MAKING INSURANCE INSPECTIONS

IC 34-30-17

    

Chapter 17. Insurance: Immunity for Acts or Omissions in Making
Insurance Inspections

IC 34-30-17-1

Applicability of chapter

    

Sec. 1. This chapter applies to all insurers, including farm mutual
insurance companies operating under IC 27-5.1.

As added by P.L.1-1998, SEC.26. Amended by P.L.129-2003,
SEC.14.

IC 34-30-17-2

Exemption from civil liability

    

Sec. 2. Except as provided in section 3 of this chapter, an act or
omission in the making of an inspection in connection with the
issuance or renewal of a policy of casualty or fire and marine
insurance does not subject an insurer or its:

        (1) agents;

        (2) employees; or

        (3) service contractors;

to civil liability for any injury, death, or loss.

As added by P.L.1-1998, SEC.26.

IC 34-30-17-3

Exemption from civil liability; exceptions

    

Sec. 3. The exemption from civil liability in section 2 of this
chapter does not apply to:

        (1) any injury, loss, or death that:

            (A) occurs during an inspection; and

            (B) is proximately caused by the negligence of the insurer or
its agent, employee, or service contractor;

        (2) an inspection that is required under a written service
contract; or

        (3) any injury, loss, or death proximately caused by an act or
omission that constitutes:

            (A) a criminal offense;

            (B) gross negligence; or

            (C) willful or wanton misconduct.

As added by P.L.1-1998, SEC.26.