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 the
insurance 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 the
department 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 an
independent 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 of
IC 27-1-5-1. However, the term does not mean insurance described
in 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 a
certificate 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 under
IC 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 to
provide property or casualty insurance in Indiana; and
(2) provides property or casualty insurance covering risks in
any location in Indiana;
may not cancel or refuse to issue or renew a policy of property or
casualty insurance based solely on the geographical location of the
risk within Indiana. This subsection does not preclude an insurer
from refusing to issue or renew or from canceling a policy based on
sound underwriting or actuarial principles reasonably related to
actual or anticipated loss experience or any other sound business
purpose.
(c) If an insurer is found by the commissioner to have violated
subsection (b), the commissioner may, after a hearing, suspend or
revoke the certificate of authority of the insurer.
(d) Any determination made by the commissioner under this
section is subject to IC 4-21.5.
(e) Except as provided in subsection (f), the department has
exclusive jurisdiction to investigate any alleged violation of this
section.
(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 casualty
insurance shall not discriminate in the appointment of an
independent insurance producer on the basis of race, color, national
origin, or gender.
(b) Except as provided in subsection (c), the department has
exclusive jurisdiction to investigate any complaints of discrimination
in the appointment of independent insurance producers in violation
of subsection (a).
(c) If the commissioner of the department determines after a
hearing that an insurance company has violated subsection (a), the
commissioner may order one (1) of the following remedies:
(1) Payment of a civil penalty of not more than two thousand
dollars ($2,000) for each violation.
(2) Suspension or revocation of the insurance company's
certificate of authority if the commissioner determines that the
violation was willful or wanton and that similar violations have
been committed by that company with a frequency that
constitutes a general business practice.
(3) Any other remedy agreed to by the department and the
insurance company.
(d) Any determination made by the commissioner under this
section is subject to IC 4-21.5.
(e) Findings of the department under this section may not be
considered as evidence in any civil action other than an appeal as
provided 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.
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 the
insurance 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 the
department 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 an
independent 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 of
IC 27-1-5-1. However, the term does not mean insurance described
in 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 a
certificate 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 under
IC 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 to
provide property or casualty insurance in Indiana; and
(2) provides property or casualty insurance covering risks in
any location in Indiana;
may not cancel or refuse to issue or renew a policy of property or
casualty insurance based solely on the geographical location of the
risk within Indiana. This subsection does not preclude an insurer
from refusing to issue or renew or from canceling a policy based on
sound underwriting or actuarial principles reasonably related to
actual or anticipated loss experience or any other sound business
purpose.
(c) If an insurer is found by the commissioner to have violated
subsection (b), the commissioner may, after a hearing, suspend or
revoke the certificate of authority of the insurer.
(d) Any determination made by the commissioner under this
section is subject to IC 4-21.5.
(e) Except as provided in subsection (f), the department has
exclusive jurisdiction to investigate any alleged violation of this
section.
(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 casualty
insurance shall not discriminate in the appointment of an
independent insurance producer on the basis of race, color, national
origin, or gender.
(b) Except as provided in subsection (c), the department has
exclusive jurisdiction to investigate any complaints of discrimination
in the appointment of independent insurance producers in violation
of subsection (a).
(c) If the commissioner of the department determines after a
hearing that an insurance company has violated subsection (a), the
commissioner may order one (1) of the following remedies:
(1) Payment of a civil penalty of not more than two thousand
dollars ($2,000) for each violation.
(2) Suspension or revocation of the insurance company's
certificate of authority if the commissioner determines that the
violation was willful or wanton and that similar violations have
been committed by that company with a frequency that
constitutes a general business practice.
(3) Any other remedy agreed to by the department and the
insurance company.
(d) Any determination made by the commissioner under this
section is subject to IC 4-21.5.
(e) Findings of the department under this section may not be
considered as evidence in any civil action other than an appeal as
provided 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.
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 the
insurance 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 the
department 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 an
independent 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 of
IC 27-1-5-1. However, the term does not mean insurance described
in 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 a
certificate 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 under
IC 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 to
provide property or casualty insurance in Indiana; and
(2) provides property or casualty insurance covering risks in
any location in Indiana;
may not cancel or refuse to issue or renew a policy of property or
casualty insurance based solely on the geographical location of the
risk within Indiana. This subsection does not preclude an insurer
from refusing to issue or renew or from canceling a policy based on
sound underwriting or actuarial principles reasonably related to
actual or anticipated loss experience or any other sound business
purpose.
(c) If an insurer is found by the commissioner to have violated
subsection (b), the commissioner may, after a hearing, suspend or
revoke the certificate of authority of the insurer.
(d) Any determination made by the commissioner under this
section is subject to IC 4-21.5.
(e) Except as provided in subsection (f), the department has
exclusive jurisdiction to investigate any alleged violation of this
section.
(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 casualty
insurance shall not discriminate in the appointment of an
independent insurance producer on the basis of race, color, national
origin, or gender.
(b) Except as provided in subsection (c), the department has
exclusive jurisdiction to investigate any complaints of discrimination
in the appointment of independent insurance producers in violation
of subsection (a).
(c) If the commissioner of the department determines after a
hearing that an insurance company has violated subsection (a), the
commissioner may order one (1) of the following remedies:
(1) Payment of a civil penalty of not more than two thousand
dollars ($2,000) for each violation.
(2) Suspension or revocation of the insurance company's
certificate of authority if the commissioner determines that the
violation was willful or wanton and that similar violations have
been committed by that company with a frequency that
constitutes a general business practice.
(3) Any other remedy agreed to by the department and the
insurance company.
(d) Any determination made by the commissioner under this
section is subject to IC 4-21.5.
(e) Findings of the department under this section may not be
considered as evidence in any civil action other than an appeal as
provided 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.
