(Note: You can find Indiana statutes at www.IN.gov/legislative/ic/code and Indiana regulations at www.IN.gov/legislative/iac Bulletins are on the Department's web site.
I. General Requirements for Property and Casualty Insurance Filings
A.The insurance must fall within a listed class authorized in this State. IC 27-1-5-1. (See also Indiana Attorney General Opinion 84-3.)
B. Required provisions
| IC 27-1-13-7 | Notice to an authorized agent of the insurer is notice to the insurer. |
| IC 27-1-13-7 | The insolvency or bankruptcy of insured does not release the insurer from payment of liability or property damages to a third party for loss sustained under the policy, and an injured person may bring action against insurer directly if insured is insolvent. |
| IC 27-1-13-7 | Policy must insure owner of a motor vehicle against liability to third parties resulting from the negligence of any person legally using or operating the motor vehicle with the expressed or implied permission of the owner. (Even if the person is not a covered driver.) Named driver exclusions are allowed to be included in commercial motor vehicle policies. |
| IC 27-4-1-5.6 | Every insurer must provide to policyholders a one-time written notice of opportunity to file a complaint with the Indiana Department of Insurance. See Bulletin 128 for sample notice. |
C. Rating provisions
| IC 27-4-1-4(a)(7)(C) | Unfair discrimination between persons of the same class involving essentially the same hazards is prohibited. |
| IC 27-1-22-3(a)(4) | General rating requirements. Rates shall not be excessive, inadequate, or unfairly discriminatory. |
| IC 27-1-22-4(a) | Filing requirements. All rates must be filed with the Department of Insurance, along with other information requested by the Department (e.g. policy forms, endorsements, etc.) |
| IC 27-1-22-4(c) | Filings shall be accompanied by the information upon which the filer supports such filing. |
| IC 27-1-22-4(k) | Rates in excess of the filed rate may be used with written application of the insured (consent to rate). |
| IC 27-1-22-18 | No deviations allowed from filed premium charges. No rebating, inducements, or discounts not specified in the policy or filed with the Department. This provision does not apply to dividends or savings returned to participating policyholders or members of a mutual insurer. |
| IC 26-1-3.1-502.5 | Bad check charges may not exceed $20, plus amount actually charged by the depository institution. (Part of Indiana's version of the Uniform Commercial Code - Negotiable Instruments.) |
D. Rating provisions specific to private passenger auto insurance
| IC 27-1-22-25 | Higher rate may not be set based on a policyholder or applicant's voluntary petition under the federal bankruptcy law. (Note: this is particularly important in the use of credit scoring in Indiana - bankruptcy may not be part of the equation.) |
| IC 27-1-22-26 | Higher rate may not be set because an individual has not been covered by auto insurance for a period of time, if the individual is serving in the armed forces or has served in the armed forces within 6 months of applying for auto insurance. |
| IC 27-1-22-27 | Higher rate may not be set based solely on the absence of insurance by an innocent applicant or policyholder (one who has simply not driven in the past 12 months, not one who has driven in violation of financial responsibility/compulsory insurance laws.) |
| IC 27-1-22-3.1 | Rate may provide for an appropriate reduction if the principal operator of the motor vehicle is at least 55 years old and has, within 3 years before issuance or renewal of the policy, successfully completed an accident prevention course approved by the BMV. |
F. Cancellation and Non-Renewal Provisions
| IC 27-1-31 | Commercial policies must provide for cancellation and non-renewal in accordance with this chapter. Cancellation allowed only for specific reasons. Notice of cancellation or non-renewal must be provided to the insured within statutory time frames. |
| IC 27-7-6 | Private passenger automobile insurance policies must provide for cancellation and non-renewal in accordance with this chapter. Cancellation allowed only for specific reasons, and the reason must be given. Notice of cancellation or non-renewal must be provided to the insured within statutory time frames. If insured disputes the reason for cancellation (not non-renewal), the insured may request a hearing at the Department of Insurance. |
| IC 27-7-12 | Homeowner and property insurance policies must provide for cancellation and non-renewal in accordance with this chapter. Notice of cancellation must be in writing and sent to the insured at least 10 days before canceling the policy, if the cancellation is for non-payment of premium or if the policy was issued not more than 60 days before. Notice of cancellation must be sent at least 20 days before canceling the policy, if the policy was issued more than 60 days before. Cancellation after 60 days, or after the effective date of a renewal policy, must be based on certain conditions, including non-payment of premium, fraud, change in risk, violation of safety codes, delinquent property taxes. Notice of non-renewal must be sent to the insured at least 20 days before expiration of the policy. Certain reasons for termination are illegal. |
| IC 34-18-13-4 | Termination of a medical malpractice policy by cancellation is not effective for patients claiming against the insured unless written notice is given to the Department of Insurance at least 30 days in advance of the cancellation, and to the insured in case of cancellation by the insurer. |
G. Other references
Attorney General's Opinion 84-3 Group Property & Casualty Restriction
Exceptions to Group Property & Casualty Restriction:
IC 27-7-14 Group Insurance for Members of the Armed Forces Exception
IC 27-7-15 Group Non-Trucking Liability Exception
IC 27-7-16 Group Tenant Users Liability Exception
| IC 5-14-3-3 | Access to Public Records |
| IC 8-21-3 | Aircraft Financial Responsibility Act |
| IC 9-22-3 | Salvage Vehicles |
| IC 22-3 | Workers Compensation |
| IC 24-4.5-4 | Uniform Consumer Credit Code - Insurance |
| IC 26-2-8 | Uniform Electronic Transactions Act |
| IC 27-1-5-1 | Classifications of Insurance |
| IC 27-1-13-14 | Public Transportation |
| IC 27-1-13-15 | Planned Unit Development |
| IC 27-1-13-17 | Suits: No Less Than Two Year Right to File - Residential/Personal Property Policies |
| IC 27-1-15.6 | Insurance Producers |
| IC 27-1-15.8 | Surplus Lines Producers |
| IC 27-1-15.9 | Portable Electronics Law |
| IC 27-1-16.1 | Self Storage Law |
| IC 27-1-22-26 | Returning Members of the Armed Services |
| IC 27-1-22-28 | Title Insurance |
| IC 27-1-43 | Electronic Delivery and Posting of Insurance Documents |
| IC 27-2-21 | Use of Credit Information |
| IC 27-4-1-4 | Unfair or Deceptive Practices in Insurance |
| IC 27-4-1-4(a)(8) | Anti-Rebating |
| IC 27-4-1.5 | Auto Repairs |
| IC 27-5.1 | Farm Mutual Companies |
| IC 27-8-9-7 | Primacy of Coverage for Passengers |
| IC 27-7-10-25 | Risk Retention and Purchasing Groups |
| IC 34-18-13-4 | Medical Malpractice Termination Provisions |
| Bulletin 36 | Agent Service and Billing Fees |
| Bulletin 45 | Workers Compensation Dividend Plans |
| Bulletin 56 | Commercial Property and Casualty Loss History Reports |
| Bulletin 67 | Procedures for Rating Organizations and Insurers Electing to File Loss Costs |
| Bulletin 71 | House Bill 1024 (Auto Repairs) |
| Bulletin 78 | Automobile Service and Reimbursement Insurance Contracts |
| Bulletin 82 | Automobile Insurance - Sales Tax |
| Bulletin 106 | Foreign Language Product Filings |
| Bulletin 124 | Industrial Insured Transactions |
| Bulletin 126 | Applications for Personal Lines Coverage by Returning Members of the Armed Services |
| Bulletin 128 | Consumer Notice Requirement to file a Complaint with IDOI |
| Bulletin 130 | The Use of Credit Information in Underwriting and Rating Insurance Policies |
| Bulletin 149 | Notice of Coverage Reduction, Restriction, or Removal |
| Bulletin 152 | Notice of Commercial Coverage Change |
| Bulletin 157 | Personal Property and Casualty Fees |
| Bulletin 170 | Certificate of Insurance Practices |
| Bulletin 176 | The Use of Credit Information in Underwriting and Rating Insurance Policies |
| Bulletin 187 | Change to TIEFF Reporting Requirements |
| Bulletin 209 | Mine Subsidence Insurance |
| Bulletin 210 | Service Contracts |
| Bulletin 217 | Mine Subsidence Insurance |
| Bulletin 219 | Price Optimization |
II. Requirements for Specific Lines of Property & Casualty Insurance
| Auto Warranty | |
| IC 27-1-43.2, Bulletin 210, Bulletin 78 | |
| Bail Bonds | |
| IC 31-14-1.5 (security for child support, custody, and visitation rights) 760 IAC 1-6.2-4 (power of attorney – must be numbered) 760 IAC 1-6.2-5 (collateral receipts) 760 IAC 1-6.2-8 (premium receipts) 760 IAC 1-6.2-10 (terms and conditions of the bail contract) IC 27-10-2-3 (what constitutes a valid undertaking) IC 35-33-8-3.2 rates/charges for Bail Bonds Bulletin 192 Clarification of various Bail Bond Laws | |
| Boat Owners | |
| Boiler & Machinery | |
| Builders Risk | |
| Business Owners | |
| Child Care Liability | |
| IC 27-7-10-1 through 27-7-10-34 Risk Retention 1986 Federal Risk Retention Act | |
| Chiropractors Professional Liability | |
| Collateral Protection | |
| IC 24-4.5-4-301 through 24-4.5-4-305 Bulletin 35A | |
| Commercial Automobile | |
| IC 9-25-4 | Financial responsibility requirements. Minimum amounts required are $25,000 for bodily injury to or death of one individual, $50,000 for the bodily injury to or death of 2 or more individuals, $25,000 for damage to or the destruction of property in one accident. Motor vehicle policies issued or renewed after June 30, 2017 are subject to these requirements. | |
| IC 27-1-13-7 | Named driver exclusions can be made available in commercial motor vehicle policies. | |
| IC 27-7-5-2: | Uninsured and underinsured motorist coverage must be provided, unless such coverage is rejected in writing. No underinsured motorist coverage less than $50,000. | |
| IC 27-7-5-3: | Must offer uninsured motorist property damage coverage without a deductible. May offer deductible of more than first $300 of property damage. Deductible must be waived if insured vehicle is legally parked and unoccupied. No liability on insurer where owner or operator of the other vehicle cannot be identified. | |
| IC 27-7-5-5 | Limitations on uninsured and underinsured motorist coverage | |
| IC 27-7-5.1 | (Eff. Date 07/01/2015) Insurer may not pay non-economic damages on a claim for coverage under a motor vehicle policy issued by the insurer under certain conditions. Related statute changes (eff.07/01/2015): IC 34-6-2-84; IC 34-6-2-87.7; IC 34-6-2-144.8; IC 34-30-29.2. | |
| IC 27-7-5.1-7 | (Eff. Date 07/01/2017) A policy of motor vehicle insurance issued or renewed after June 30, 2017 must provide at least $25,000 of coverage for damage to or destruction of property in any one accident. | |
| IC 9-25-1-1 through 9-25-7-5 IC 34-30-11-1 through 34-30-11-2 IC 24-4-9-10 IC 8-2.1-24-17 IC 9-23-2-10 IC 27-8-9-7 Bulletin 26 Bulletin 82 Bulletin 170 | ||
| Commercial Farm | ||
| Commercial Fire | ||
| Commercial Inland Marine | ||
| Bulletin 35A | ||
| Commercial Liability | |
| IC 22-15-7-2.5 Amusement Attractions | |
| IC 27-7-10-1 through 27-7-10-34 | |
| Federal Risk Retention Act | |
| IC 27-1-13-7 | |
| IC 27-1-29-1 through 27-1-29-28 | |
| Bulletin 26 | |
| Bulletin 78 | |
| Bulletin 170 | |
| IC 34-13-3-20 | |
| IC 20-5-2-2 | |
| Commercial Multi-Peril | |
| Commercial Umbrella | |
| (All statutes previously referenced under Commercial Automobile and Commercial Liability.) | |
| Condominiums | |
| Credit Property | |
| Bulletin 35A | |
| IC 24-4.5-4-301 through 24-4.5-4-305 | |
| Crime | |
| Crop-Hail | |
| Dentist Professional Liability | |
| (See references Listed under Chiropractors Professional Liability) | |
| Directors & Officers Liability | |
| (See references under General Liability) | |
| Dwelling Fire | |
| Earthquake | |
| Errors & Omissions | |
| (See references under Commercial Liability) | |
| Excess Workers Compensation | |
| (See references under Commercial Liability) | |
| Farm Owners | |
| Fidelity Bonds | |
| Flood | |
| (IC 27-7-13-1 required notice of flood coverage in a residential policy.) | |
| Foster Care Liability | |
| IC 27-1-30-5 | |
| GAP | |
| Garage Liability | |
| (See references under Commercial Liability) | |
| IC 27-8-9-5 through 27-8-9-11 | |
| IC 9-23-2-10 | |
| General Liability | |
| (See references under Commercial Liability) | |
| Glass | |
| Health Care Professional Liability | |
| (See references under Chiropractors Professional Liability) | |
| Home Warranty | |
| Homeowners | ||
| IC 27-7-12 | Termination of Residential Policies | |
| IC 27-2-24 | (Eff. Date 07/01/2017) Limitations on property and casualty insurer actions with respect to a primary residence loss of an innocent coinsured. | |
| IC 27-7-13 | If property insurance policy does not cover flood damage, it must so state prominently on the policy jacket, or the policyholder must be given written notice that flood damage coverage may be available through the National Flood Insurance Program. | |
| IC 27-7-9-8 | An insurer who issues a homeowner's policy in certain Indiana counties MUST inform the policyholder of the availability of mine subsidence coverage at the time of issue. | |
| IC 27-1-13-16 | Notice of Residential Policy Changes | |
| Bulletin 149 | Notice of Coverage Reduction, Restriction or Removal | |
| Hospital Professional Liability | |
| (See references under Chiropractors Professional Liability) | |
| Involuntary Unemployment | |
| Lawyers Professional Liability | |
| Liquor Liability | |
| IC 7.1-5-10-15 | |
| Manufactured Homes - (See References under Homeowners) | |
| Medical Malpractice | |
| (See references under Chiropractors Professional Liability) | |
| (See also IC 34-18-13 concerning liability of insurer and cancellation.) | |
| Mine subsidence | |
| IC 27-7-9 IC 27-7-9-8, insurers who issue homeowner policies in certain counties MUST inform the policyholder of the availability of mine subsidence coverage. | |
| Mine Subsidence Insurance Premium Rate Table | |
| Mobile Homeowners | |
| (See references to Private Passenger Automobile) | |
| Mortgage Insurance | |
| Motor Home | |
| Motorcycle | |
| (See references under Private Passenger Automobile.) | |
| Nuclear Injury | |
| Nurses Professional Liability | |
| (See references under Chiropractors Professional Liability) | |
| Ocean Marine | |
| Personal Inland Marine | |
| Personal Liability | |
| IC 27-1-41 Group Personal Excess/Umbrella Liability Insurance | |
| Personal Umbrella | ||
| (See references to uninsured and underinsured motorist coverage under Private Passenger Automobile. See also United National Ins. Co. v. DePrizio, 705 N.E.2d 455 (Ind. 1999), in which the Indiana Supreme Court applied these provisions to umbrella liability policies. | ||
| IC 27-7-5.1 | (Eff. Date 07/01/2015) Insurer may not pay non-economic damages on a claim for coverage under a motor vehicle policy issued by the insurer under certain conditions. Related statute changes (eff.07/01/2015): ic 34-6-2-84; ic 34-6-2-87.7; ic 34-6-2-144.8; ic 34-30-29.2. | |
| IC 27-1-41 | Group Personal Excess/Umbrella Liability Insurance | |
| Physicians & Surgeons Professional Liability | |
| (See references under Chiropractors Professional Liability) | |
| Political Subdivision Liability | |
| IC 27-1-29-1 through 27-1-29-28 | |
| Pollution Liability | |
| Pre-Paid Legal Liability | |
| IC 27-7-8-1 through 27-7-8-7 IC 27-1-5-1(m) | |
| Private Passenger Automobile | |||
| IC 27-2-11.1-3 | (Eff. Date 07/01/2017) An individual who is at least 16 years of age and under the supervision of the department of child services may contract for a policy of motor vehicle insurance. | ||
| IC 27-7-5.1 | (Eff. Date 07/01/2015) Insurer may not pay non-economic damages on a claim for coverage under a motor vehicle policy issued by the insurer under certain conditions. Related statute changes (eff.07/01/2015): IC 34-6-2-84; IC 34-6-2-87.7; IC 34-6-2-144.8; IC 34-30-29.2. | ||
| IC 27-7-5-2 | Uninsured and underinsured motorist coverage must be provided, unless such coverage is rejected in writing. No underinsured motorist coverage less than $50,000 | ||
| IC 27-7-5-3 | Must offer uninsured motorist property damage coverage without a deductible. May offer deductible of not more than first $300 of property damage. Deductible must be waived if insured vehicle is legally parked and unoccupied. No liability on insurer where owner or operator of the other vehicle cannot be identified. | ||
| IC 27-7-5-5 | Limitations on uninsured and underinsured motorist coverage. | ||
| IC 27-8-9-7 | Primary motor vehicle coverage. Specifies that the vehicle owner's motor vehicle policy is considered primary for any claim made by a passenger in the motor vehicle. | ||
| IC 9-25-4 | Financial responsibility requirements. Minimum amounts required are $25,000 for bodily injury to or death of one individual, $50,000 for bodily injury to or death of 2 or more individuals, $25,000 for damage to or the destruction of property in one accident. Motor vehicle policies issued or renewed after June 30, 2017 are subject to these requirements. | ||
| IC 27-7-5.1-7 | (Eff. Date 07/01/2017) A policy of motor vehicle insurance issued or renewed after June 30, 2017 must provide at least $25,000 of coverage for damage to or destruction of property in any one accident. | ||
| (See also rating and cancellation provisions for private passenger auto policies, above.) | |||
| Products Liability | |
| Professional Liability | |
| (See references under Commercial Liability) | |
| Ranch Owners | |
| Recreational Vehicle | |
| (See references under Private Passenger Automobile) | |
| Service Contracts (including Automobile Service Contracts) | |
| IC 27-1-43.2, Bulletin 210, Bulletin 78 | |
| Snowmobiles | |
| Surety Bonds | |
| Title Insurance | |
| IC 27-1-22-28, Bulletin 187 | |
| Travel Insurance | |
| Weather | |
| Workers Compensation | |
| IC 22-3-1-1 through 22-3-12-5 IC 27-7-2-1 through 27-7-2-38 | |
| Yacht | |