Bill Text: IN HB1240 | 2010 | Regular Session | Engrossed
Bill Title: Various insurance matters.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-02-23 - Committee report: amend do pass, adopted [HB1240 Detail]
Download: Indiana-2010-HB1240-Engrossed.html
Citations Affected: IC 9-13; IC 9-22; IC 27-1; IC 27-7; IC 27-8;
IC 32-30; noncode.
Synopsis: Various insurance matters. Makes various changes to the
law concerning: (1) confidentiality and disclosures of insurer
information related to examinations; (2) insurance producer licensing;
(3) notice of foreclosure to residential property insurers; and (4)
passenger coverage under motor vehicle insurance policies. Provides
that a towing service that provides professional towing services shall
release a passenger motor vehicle to the owner or a representative of
the owner upon the receipt of the towing service of certain
documentation concerning the charges and the ownership of the
vehicle. Provides that upon release of the vehicle, the towing service
may no longer claim a statutory or possessory lien on the vehicle, but
requires the insurer to pay certain charges for professional services
provided by the towing service, including interest on unpaid charges
for the professional services, beginning on the thirty-first day after the
release of the vehicle. Establishes licensure requirements for
independent adjusters.
Effective: July 1, 2010.
(SENATE SPONSORS _ PAUL, LAWSON C, BRAY, LANANE, SIMPSON, TAYLOR)
January 11, 2010, read first time and referred to Committee on Insurance.
January 28, 2010, amended, reported _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
February 2, 2010, engrossed. Read third time, passed. Yeas 80, nays 18.
February 8, 2010, read first time and referred to Committee on Insurance and Financial Institutions.
February 23, 2010, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning
insurance.
(1) staffed at least thirty (30) hours a week;
(2) staffed at least twenty (20) hours a week and a telephone answering, paging, or mobile service is offered at least ten (10) of the remaining hours of the week, for which the contact
telephone number is identified on the business sign at the
towing service; or
(3) open by appointment at least thirty (30) hours a week by
maintaining a staffed telephone or mobile paging telephone
service at least ten (10) hours a week and a telephone
answering, paging, or mobile service offered at least twenty
(20) hours a week, for which the contact telephone number is
identified on the business sign at the towing service.
(b) To be paid by an insurer, a towing service must comply with the following:
(1) Use a recovery vehicle that is registered under IC 9-18-13-3(b).
(2) Meet the financial responsibility requirements of IC 9-18-13-4(a).
(3) Use appropriately licensed operators when a recovery vehicle is operated on highways.
(4) Have a properly zoned and secured storage lot, if applicable.
(5) Comply with IC 24-4-6-2(b).
(6) Be accessible to the public.
(7) Submit the charges that the towing service charges for professional services to the nearest state police post.
(8) Make charges for professional services that meet the requirements of subsection (e).
(c) If a towing service does not satisfy the requirements of subsection (b) and the insurer disputes the amounts charged for professional services provided by the towing service for towing, transporting, recovery, cleanup, or storage of a motor vehicle or any combination of these charges, the towing service shall release the passenger motor vehicle at the request of and receipt from the
owner or a representative of the owner of the passenger motor
vehicle of:
(1) a written agreement of the insurer to pay reasonable
towing, transporting, recovery, cleanup, or storage charges
concerning the passenger motor vehicle or any combination
of these charges; and
(2) proof of ownership of the passenger motor vehicle,
regardless of charges or liens placed on the passenger motor
vehicle, and a copy of the passenger motor vehicle
registration.
The documents under subdivisions (1) and (2) may be received by
facsimile transmission, United States mail, or other method agreed
upon between the parties including, but not limited to, electronic
mail.
(d) Upon release of a passenger motor vehicle, a towing service
may no longer claim a statutory or possessory lien on the passenger
motor vehicle. The insurer shall pay the charges described under
subsection (e) for professional services provided by the towing
service including interest at the rate set forth in IC 34-54-8-5(b)(1)
on unpaid charges for the professional services, beginning on the
thirty-first day after the release of the passenger motor vehicle.
(e) A towing service may not charge more for a professional
service relating to a nonconsenting police generated tow than the
amount that would be charged for the professional service under
the existing contract between the towing service and the law
enforcement agency with jurisdiction in the location in which the
nonconsenting police generated tow occurred. However, if a
contract between a towing service and a law enforcement agency
described in this subsection does not exist, the towing service may
make reasonable and customary charges for a professional service
for the jurisdiction in which the tow was ordered.
(f) This section may not be construed to repeal, modify, or
amend section 14 or 15 of this chapter or IC 32-33-10.
by the commissioner or any other person, except to the extent provided
in section 14 of this chapter. However, access may also be granted to
the National Association of Insurance Commissioners. Those parties
must agree in writing prior to receiving the information to provide to
it the same confidential treatment as required by this section, unless the
prior written consent of the company to which it pertains has been
obtained.
(1) a certified public accountant (if an individual) or made up of certified public accountants (if a firm); or
(2) in good standing with:
(A) the American Institute of Certified Public Accountants; and
(B) all of the authorities that license certified public accountants and certified public accounting firms in the states in which the individual or firm is licensed to practice.
(b) A partner or other individual responsible for rendering a report may not act in that capacity for more than
(1) The number of partners, expertise of the partners, or number of insurance clients in the currently registered firm.
(2) The premium volume of the domestic insurer.
(3) The number of jurisdictions in which the domestic insurer transacts business.
(c) The commissioner may not recognize as an independent auditor or accept an annual audited financial report prepared in whole or part by a person who:
(1) has been convicted of fraud, bribery, a violation of the Racketeer Influenced and Corrupt Organizations Act under federal law (18 U.S.C. 1961 through 1968) or state law (IC 35-45-6) or any dishonest conduct or practices under federal or state law;
(2) has been found to have violated the insurance law of this state with respect to any previous reports submitted under this chapter; or
(3) has demonstrated a pattern or practice of failing to detect or disclose material information in previous reports filed under this chapter.
(d) The commissioner may conduct a hearing under IC 4-21.5 to determine whether an independent auditor engaged by a domestic insurer is sufficiently independent of that domestic insurer to be capable of exercising independent judgment and expressing an objective opinion on the financial statements in the annual financial report filed by the insurer under this chapter. If the commissioner determines that the auditor is not sufficiently independent of the insurer, the commissioner shall require the insurer to replace the auditor with another that is sufficiently independent of the insurer.
(1) Life _ insurance coverage on human lives, including benefits of endowment and annuities, that may include benefits in the event of death or dismemberment by accident and benefits for disability income.
(2) Accident and health or sickness _ insurance coverage for sickness, bodily injury, or accidental death that may include benefits for disability income.
(3) Property _ insurance coverage for the direct or consequential loss of or damage to property of every kind.
(4) Casualty _ insurance coverage against legal liability, including liability for death, injury, or disability, or for damage to real or personal property.
(5) Variable life and variable annuity products _ insurance coverage provided under variable life insurance contracts and variable annuities.
(6) Personal lines _ property and casualty insurance coverage sold to individuals and families for primarily noncommercial purposes.
(7) Credit _ limited line credit insurance.
(8) Title _ insurance coverage against loss or damage on account
of encumbrances on or defects in the title to real estate.
(9) Any other line of insurance permitted under Indiana laws or
administrative rules.
(b) A person who requests and receives qualification under
subsection (a)(5) for variable life and annuity products:
(1) is considered to have requested; and
(2) shall receive;
a life qualification under subsection (a)(1). The insurance producer's
license document must clearly indicate that the life qualification
received under this subsection includes a qualification for variable
life and variable annuity products.
(c) A resident insurance producer may not request separate
qualifications for property insurance and casualty insurance under
subsection (a).
(d) An insurance producer license remains in effect unless revoked
or suspended, as long as the renewal fee set forth in section 32 of this
chapter is paid and the educational requirements for resident individual
producers are met by the due date.
(e) An individual insurance producer who:
(1) allows the individual insurance producer's license to lapse;
and
(2) completed all required continuing education before the license
expired;
may, not more than twelve (12) months after the expiration date of the
license, reinstate the same license without the necessity of passing a
written examination. A penalty in the amount of three (3) times the
unpaid renewal fee shall be required for any renewal fee received after
the expiration date of the license. However, the department of
insurance may waive the penalty if the renewal fee is received not more
than thirty (30) days after the expiration date of the license.
(f) A licensed insurance producer who is unable to comply with
license renewal procedures due to military service or some other
extenuating circumstance may request a waiver of the license renewal
procedures. The producer may also request a waiver of any
examination requirement or any other fine or sanction imposed for
failure to comply with the license renewal procedures.
(g) An insurance producer license shall contain the licensee's name,
address, personal identification number, date of issuance, lines of
authority, expiration date, and any other information the commissioner
considers necessary.
(h) A licensee shall inform the commissioner of a change of address
not more than thirty (30) days after the change by any means
acceptable to the commissioner. The failure of a licensee to timely
inform the commissioner of a change in legal name or address shall
result in a penalty under section 12 of this chapter.
(i) To assist in the performance of the commissioner's duties, the
commissioner may contract with nongovernmental entities, including
the National Association of Insurance Commissioners (NAIC), or any
affiliates or subsidiaries that the NAIC oversees, to perform ministerial
functions, including the collection of fees related to producer licensing,
that the commissioner and the nongovernmental entity consider
appropriate.
(j) The commissioner may participate, in whole or in part, with the
NAIC or any affiliate or subsidiary of the NAIC in a centralized
insurance producer license registry through which insurance producer
licenses are centrally or simultaneously effected for states that require
an insurance producer license and participate in the centralized
insurance producer license registry. If the commissioner determines
that participation in the centralized insurance producer license registry
is in the public interest, the commissioner may adopt rules under
IC 4-22-2 specifying uniform standards and procedures that are
necessary for participation in the registry, including standards and
procedures for centralized license fee collection.
(1) the individual is currently licensed in the other state; or
(2) the application is received within ninety (90) days after the cancellation of the applicant's previous license and:
(A) the other state issues a certification that, at the time of cancellation, the applicant was in good standing in that state; or
(B) the state's Producer Database records that are maintained by the National Association of Insurance Commissioners, its affiliates, or its subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested.
(b) If a person is licensed as an insurance producer in another state and moves to Indiana, the person, to be authorized to act as an insurance producer in Indiana, must make application to become a
resident licensee under section 6 of this chapter within ninety (90) days
after establishing legal residence in Indiana. However, the person is not
required to take prelicensing education or examination to obtain a
license for any line of authority for which the person held a license in
the other state unless the commissioner determines otherwise by rule.
(c) An individual who:
(1) has attained the designation of chartered life underwriter,
certified financial planner, or chartered financial consultant, or
another nationally recognized designation approved by the
commissioner or the National Association of Insurance
Commissioners; and
(2) applies for an insurance producer license in Indiana requesting
qualification under sections:
(A) 7(a)(1);
(B) 7(a)(2); or
(C) 7(a)(5);
of this chapter;
is not required to complete prelicensing education and is required to
take only the portion of the examination required under section 5(b) of
this chapter that pertains to Indiana laws and rules.
(d) An individual who: has:
(1) has attained the designation of chartered property and casualty
underwriter, certified insurance counselor, or accredited advisor
in insurance, or another nationally recognized designation
approved by the commissioner or the National Association of
Insurance Commissioners; and
(2) applies for an insurance producer license in Indiana requesting
qualification under sections:
(A) 7(a)(3);
(B) 7(a)(4); or
(C) 7(a)(6);
of this chapter;
is not required to complete prelicensing education and is required to
take only the portion of the examination required under section 5(b) of
this chapter that pertains to Indiana laws and rules.
(e) An individual who:
(1) has attained a bachelor's degree in insurance; and
(2) applies for an insurance producer license in Indiana
requesting qualification under section 7(a)(1) through 7(a)(6)
of this chapter;
is not required to complete prelicensing education and is required
to take only the part of the examination required under section
5(b) of this chapter that pertains to Indiana laws and rules.
(1) the producer's license shall never be reinstated; and
(2) the former licensee, after the license revocation, is not eligible to submit an application for a license to the department.
(b) The commissioner may reprimand, levy a civil penalty, place an insurance producer on probation, suspend an insurance producer's license, revoke an insurance producer's license for a period of years, permanently revoke an insurance producer's license, or refuse to issue or renew an insurance producer license, or take any combination of these actions, for any of the following causes:
(1) Providing incorrect, misleading, incomplete, or materially untrue information in a license application.
(2) Violating:
(A) an insurance law;
(B) a regulation;
(C) a subpoena of an insurance commissioner; or
(D) an order of an insurance commissioner;
of Indiana or of another state.
(3) Obtaining or attempting to obtain a license through misrepresentation or fraud.
(4) Improperly withholding, misappropriating, or converting any monies or properties received in the course of doing insurance business.
(5) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.
(6) Having been convicted of a felony.
(7) Admitting to having committed or being found to have committed any unfair trade practice or fraud in the business of insurance.
(8) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility in the conduct of business in Indiana or elsewhere.
(9) Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory.
(10) Forging another's name to an application for insurance or to any document related to an insurance transaction.
(11) Improperly using notes or any other reference material to
complete an examination for an insurance license.
(12) Knowingly accepting insurance business from an individual
who is not licensed.
(13) Failing to comply with an administrative or court order
imposing a child support obligation.
(14) Failing to pay state income tax or to comply with any
administrative or court order directing payment of state income
tax.
(15) Failing to satisfy the continuing education requirements
established by IC 27-1-15.7.
(16) Violating section 31 of this chapter.
(17) Failing to timely inform the commissioner of a change in
legal name or address, in violation of section 7(h) of this chapter.
(c) The commissioner shall refuse to:
(1) issue a license; or
(2) renew a license issued;
under this chapter to any person who is the subject of an order issued
by a court under IC 31-14-12-7 or IC 31-16-12-10 (or
IC 31-1-11.5-13(m) or IC 31-6-6.1-16(m) before their repeal).
(d) If the commissioner refuses to renew a license or denies an
application for a license, the commissioner shall notify the applicant or
licensee and advise the applicant or licensee, in a writing sent through
regular first class mail, of the reason for the denial of the applicant's
application or the nonrenewal of the licensee's license. The applicant
or licensee may, not more than sixty-three (63) days after notice of
denial of the applicant's application or nonrenewal of the licensee's
license is mailed, make written demand to the commissioner for a
hearing before the commissioner to determine the reasonableness of the
commissioner's action. The hearing shall be held not more than thirty
(30) days after the applicant or licensee makes the written demand, and
shall be conducted under IC 4-21.5.
(e) The license of a business entity may be suspended, revoked, or
refused if the commissioner finds, after hearing, that a violation of an
individual licensee acting on behalf of the partnership or corporation
was known or should have been known by one (1) or more of the
partners, officers, or managers of the partnership or corporation and:
(1) the violation was not reported to the commissioner; and
(2) no corrective action was taken.
(f) In addition to or in lieu of any applicable denial, suspension, or
revocation of a license under subsection (b), a person may, after a
hearing, be subject to the imposition by the commissioner under
subsection (b) of a civil penalty of not less than fifty dollars ($50) and
not more than ten thousand dollars ($10,000). A penalty imposed under
this subsection may be enforced in the same manner as a civil
judgement.
(g) A licensed insurance producer or limited lines producer shall,
not more than ten (10) days after the producer receives a request in a
registered or certified letter from the commissioner, furnish the
commissioner with a full and complete report listing each insurer with
which the licensee has held an appointment during the year preceding
the request.
(h) If a licensee fails to provide the report requested under
subsection (g) not more than ten (10) days after the licensee receives
the request, the commissioner may, in the commissioner's sole
discretion, without a hearing, and in addition to any other sanctions
allowed by law, suspend any insurance license held by the licensee
pending receipt of the appointment report.
(i) The commissioner shall promptly notify all appointing insurers
and the licensee regarding any suspension, revocation, or termination
of a license by the commissioner under this section.
(j) The commissioner may not grant, renew, continue, or permit to
continue any license if the commissioner finds that the license is being
used or will be used by the applicant or licensee for the purpose of
writing controlled business. As used in this subsection, "controlled
business" means:
(1) insurance written on the interests of:
(A) the applicant or licensee;
(B) the applicant's or licensee's immediate family; or
(C) the applicant's or licensee's employer; or
(2) insurance covering:
(A) the applicant or licensee;
(B) members of the applicant's or licensee's immediate family;
or
(C) either:
(i) a corporation, limited liability company, association, or
partnership; or
(ii) the officers, directors, substantial stockholders, partners,
members, managers, employees of such a corporation,
limited liability company, association, or partnership;
of which the applicant or licensee or a member of the
applicant's or licensee's immediate family is an officer,
director, substantial stockholder, partner, member, manager,
associate, or employee.
However, this section does not apply to insurance written or interests
insured in connection with or arising out of credit transactions. A
license is considered to have been used or intended to be used for the
purpose of writing controlled business if the commissioner finds that
during any twelve (12) month period the aggregate commissions earned
from the controlled business exceeded twenty-five percent (25%) of the
aggregate commission earned on all business written by the applicant
or licensee during the same period.
(k) The commissioner has the authority to:
(1) enforce the provisions of; and
(2) impose any penalty or remedy authorized by;
this chapter or any other provision of this title against any person who
is under investigation for or charged with a violation of this chapter or
any other provision of this title, even if the person's license or
registration has been surrendered or has lapsed by operation of law.
(l) For purposes of this section, the violation of any provision of
IC 28 concerning the sale of a life insurance policy or an annuity
contract shall be considered a violation described in subsection (b)(2).
(m) The commissioner may order a licensee to make restitution if
the commissioner finds that the licensee has committed a violation
described in:
(1) subsection (b)(4);
(2) subsection (b)(7);
(3) subsection (b)(8); or
(4) subsection (b)(16).
(n) The commissioner shall notify the securities commissioner
appointed under IC 23-19-6-1(a) when an administrative action or civil
proceeding is filed under this section and when an order is issued under
this section denying, suspending, or revoking a license.
An attorney in good standing who is admitted to the practice of law in Indiana and holds a license issued under IC 27-1-15.6 may complete all or any number of hours of continuing education required by this subsection by completing an equivalent number of hours in continuing legal education courses that are related to the business of insurance.
(b) To renew a license issued under IC 27-1-15.6, a limited lines producer with a title qualification under IC 27-1-15.6-7(a)(8) must complete at least seven (7) hours of credit in continuing education courses related to the business of title insurance with at least one (1) hour of instruction in a structured setting or comparable self-study in each of the following:
(1) Ethical practices in the marketing and selling of title insurance.
(2) Title insurance underwriting.
(3) Escrow issues.
(4) Principles of the federal Real Estate Settlement Procedures Act (12 U.S.C. 2608).
An attorney in good standing who is admitted to the practice of law in Indiana and holds a license issued under IC 27-1-15.6 with a title qualification under IC 27-1-15.6-7(a)(8) may complete all or any number of hours of continuing education required by this subsection by completing an equivalent number of hours in continuing legal education courses related to the business of title insurance or any aspect of real property law.
(c) The following insurance producers are not required to complete continuing education courses to renew a license under this chapter:
(1) A limited lines producer who is licensed without examination under IC 27-1-15.6-18(1) or IC 27-1-15.6-18(2).
(2) A limited line credit insurance producer.
(3) An insurance producer who, before July 1, 2011:
(A) is at least seventy (70) years of age; and
(B) has been a licensed insurance producer continuously for at least twenty (20) years immediately preceding the license renewal date.
(d) To satisfy the requirements of subsection (a) or (b), a licensee may use only those credit hours earned in continuing education courses completed by the licensee:
(1) after the effective date of the licensee's last renewal of a license under this chapter; or
(2) if the licensee is renewing a license for the first time, after the date on which the licensee was issued the license under this chapter.
(e) If an insurance producer receives qualification for a license in more than one (1) line of authority under IC 27-1-15.6, the insurance producer may not be required to complete a total of more than
(f) Except as provided in subsection (g), a licensee may receive credit only for completing continuing education courses that have been approved by the commissioner under section 4 of this chapter.
(g) A licensee who teaches a course approved by the commissioner under section 4 of this chapter shall receive continuing education credit for teaching the course.
(h) When a licensee renews a license issued under this chapter, the licensee must submit:
(1) a continuing education statement that:
(A) is in a format authorized by the commissioner;
(B) is signed by the licensee under oath; and
(C) lists the continuing education courses completed by the licensee to satisfy the continuing education requirements of this section; and
(2) any other information required by the commissioner.
(i) A continuing education statement submitted under subsection (h) may be reviewed and audited by the department.
(j) A licensee shall retain a copy of the original certificate of completion received by the licensee for completion of a continuing education course.
(k) A licensee who completes a continuing education course that:
(1) is approved by the commissioner under section 4 of this chapter;
(2) is held in a classroom setting; and
(3) concerns ethics;
shall receive continuing education credit for the number of hours for which the course is approved plus additional hours, not to exceed two (2) hours in a renewal period, equal to the number of hours for which the course is approved.
(1) Be conducted or developed by an:
(A) insurance trade association;
(B) accredited college or university;
(C) educational organization certified by the insurance producer education and continuing education advisory council; or
(D) insurance company licensed to do business in Indiana.
(2) Provide for self-study or instruction provided by an approved
instructor in a structured setting, as follows:
(A) For life insurance producers, not less than twenty-four (24)
twenty (20) hours of instruction in a structured setting or
comparable self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of life insurance.
(B) For health insurance producers, not less than twenty-four
(24) twenty (20) hours of instruction in a structured setting or
comparable self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of health insurance.
(C) For life and health insurance producers, not less than forty
(40) hours of instruction in a structured setting or comparable
self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana;
(iii) principles of life insurance; and
(iv) principles of health insurance.
(D) For property and casualty insurance producers, not less
than forty (40) hours of instruction in a structured setting or
comparable self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana;
(iii) principles of property insurance; and
(iv) principles of liability insurance.
(E) For personal lines producers, a minimum of twenty-four
(24) twenty (20) hours of instruction in a structured setting or
comparable self-study on:
(i) ethical practices in the marketing and selling of
insurance;
(ii) requirements of the insurance laws and administrative
rules of Indiana; and
(iii) principles of property and liability insurance applicable to coverages sold to individuals and families for primarily noncommercial purposes.
(F) For title insurance producers, not less than ten (10) hours of instruction in a structured setting or comparable self-study on:
(i) ethical practices in the marketing and selling of title insurance;
(ii) requirements of the insurance laws and administrative rules of Indiana;
(iii) principles of title insurance, including underwriting and escrow issues; and
(iv) principles of the federal Real Estate Settlement Procedures Act (12 U.S.C. 2608).
(3) Instruction provided in a structured setting must be provided only by individuals who meet the qualifications established by the commissioner under subsection (b).
(b) The commissioner, after consulting with the insurance producer education and continuing education advisory council, shall adopt rules under IC 4-22-2 prescribing the criteria that a person must meet to render instruction in a certified prelicensing course of study.
(c) The commissioner shall adopt rules under IC 4-22-2 prescribing the subject matter that an insurance producer program of study must cover to qualify for certification as a certified prelicensing course of study under this section.
(d) The commissioner may make recommendations that the commissioner considers necessary for improvements in course materials.
(e) The commissioner shall designate a program of study that meets the requirements of this section as a certified prelicensing course of study for purposes of IC 27-1-15.6-6.
(f) The commissioner may, after notice and opportunity for a hearing, withdraw the certification of a course of study that does not maintain reasonable standards, as determined by the commissioner for the protection of the public.
(g) Current course materials for a prelicensing course of study that is certified under this section must be submitted to the commissioner upon request, but not less frequently than once every three (3) years.
Chapter 28. Independent Adjuster Licensing
Sec. 1. This chapter governs the qualifications and procedure for the licensing of independent adjusters.
Sec. 2. The commissioner may adopt rules under IC 4-22-2 to implement this chapter.
Sec. 3. As used in this chapter, "automated claims adjudication system" means a preprogrammed computer system that:
(1) is designed for the collection, data entry, calculation, and system generated final resolution of property, casualty, or worker's compensation insurance claims;
(2) is used only by a licensee or a person described in section 6(b)(2) of this chapter;
(3) complies with all claim payment requirements of the insurance laws of this state; and
(4) is certified as compliant as described in subdivision (3) by a licensee who is an officer of a business entity that is licensed under this chapter.
Sec. 4. As used in this chapter, "catastrophe" means an event that is the subject of a declaration by the commissioner and that:
(1) results in a large number of deaths or injuries;
(2) causes extensive damage or destruction of facilities used to provide and sustain human needs;
(3) produces an overwhelming demand on state and local response resources and mechanisms;
(4) causes a severe long term effect on general economic activity; or
(5) severely affects state, local, and private sector capabilities to begin and sustain response activities.
Sec. 5. As used in this chapter, "home state" means:
(1) a state, district, or territory of the United States in which an independent adjuster:
(A) maintains the independent adjuster's principal place of residence or business; and
(B) is licensed to act as a resident independent adjuster; or
(2) if the principal place of residence described in subdivision (1) does not license independent adjusters for the line of authority in which the independent adjuster seeks licensing under this chapter, the state, district, or territory of the United States:
(A) that is designated by the independent adjuster as the independent adjuster's home state; and
(B) in which the independent adjuster is licensed and in good standing.
Sec. 6. (a) As used in this chapter, "independent adjuster" means a person, or an independent contractor or employee of a person, that:
(1) contracts with insurers or self-insurers to investigate, negotiate, and settle property, casualty, or worker's compensation claims; and
(2) for tax purposes is treated by the insurers or self-insurers in a manner consistent with treatment of an independent contractor rather than an employee under Title 26, Subtitle C of the Internal Revenue Code.
(b) The term does not include the following:
(1) An attorney who:
(A) is admitted to practice in Indiana; and
(B) acts in a professional capacity as an attorney.
(2) A person employed solely to:
(A) obtain facts surrounding a claim;
(B) furnish technical assistance to a licensed independent adjuster; or
(C) collect claim information from, or furnish claim information to, policyholders or claimants and perform data entry into an automated claims adjudication system if both of the following apply:
(i) The person is an individual employee of an independent adjuster licensed under this chapter or the independent adjuster's affiliate.
(ii) The person is supervised by an individual independent adjuster licensed under this chapter or an individual licensed insurance producer described in subdivision (10) who supervises not more than twenty-five (25) persons described in item (i).
(3) A person that is licensed under IC 25-30-1.
(4) A person that:
(A) performs only executive, administrative, managerial, or clerical duties; and
(B) does not investigate, negotiate, or settle claims with policyholders, claimants, or legal representatives of policyholders or claimants.
(5) A person that settles only reinsurance or subrogation claims.
(6) An officer, director, manager, or employee of an authorized insurer, a managing general agent, a surplus lines insurer, a risk retention group, or an attorney in fact of a
reciprocal insurer.
(7) A manager of the United States branch of an alien insurer.
(8) A person that investigates, negotiates, or settles life,
accident and health, annuity, or disability insurance claims.
(9) Under a self-insured arrangement, an individual who
adjusts claims on behalf of the individual's employer.
(10) A licensed insurance producer, an attorney in fact of a
reciprocal insurer, or a managing general agent of an insurer
to whom claim authority has been granted by the insurer.
(11) A person that is authorized to adjust worker's
compensation or disability claims under the authority of a
third party administrator.
(12) A person that investigates, negotiates, or settles crop
insurance claims.
Sec. 7. As used in this chapter, "NAIC" refers to the National
Association of Insurance Commissioners.
Sec. 8. As used in this chapter, "uniform individual application"
means the current version of the NAIC uniform individual
application for resident and nonresident individuals.
Sec. 9. As used in this chapter, "uniform business entity
application" means the current version of the NAIC uniform
business entity application for resident and nonresident business
entities.
Sec. 10. A person shall not:
(1) act as an independent adjuster in Indiana; or
(2) hold itself, himself, or herself out as an independent
adjuster in Indiana;
unless the person is licensed or exempt from licensure under this
chapter.
Sec. 11. (a) If a catastrophe is declared, an insurer may contract
with an individual who is:
(1) not licensed under this chapter; and
(2) otherwise qualified to adjust claims;
to act as a temporary emergency independent adjuster on behalf
of the insurer if the insurer obtains for the individual a temporary
emergency independent adjuster license under this section.
(b) An insurer described in subsection (a) must, not more than
five (5) days after the individual begins to adjust claims arising
from the declared catastrophe, submit to the commissioner an
application for temporary emergency licensure of the individual
under this section.
(c) An application submitted under subsection (b) must include
the following information in a format prescribed by the
commissioner:
(1) The name of the individual.
(2) The Social Security number of the individual.
(3) The name of the insurer.
(4) The effective date of the contract between the insurer and
the individual.
(5) The catastrophe or loss number.
(6) The catastrophe event name.
(7) Other information the commissioner considers necessary.
(d) The commissioner shall establish standards and procedures
for temporary emergency independent adjuster licensure under
this section.
(e) A temporary emergency independent adjuster license issued
under this section is effective for not more than ninety (90) days,
unless extended by the commissioner. In the event of multiple
catastrophes, an individual who holds a temporary emergency
independent adjuster license under this section may adjust claims
arising from any other catastrophe that occurs within the ninety
(90) day period during which the license is effective under this
subsection without the insurer applying for an additional
temporary emergency independent adjuster license.
(f) The rules adopted by the commissioner under section 2 of
this chapter may establish a fee for an application submitted under
this section.
Sec. 12. (a) An individual may apply for a resident independent
adjuster license by submitting:
(1) a uniform individual application to the commissioner with
a declaration, under penalty of suspension, revocation, or
refusal of licensure, that the statements made in the
application are true and complete to the best of the
individual's knowledge; and
(2) an application fee of forty dollars ($40).
(b) The commissioner shall approve an application submitted
under subsection (a) upon finding all of the following:
(1) The individual is at least eighteen (18) years of age.
(2) The individual is eligible to designate Indiana as the
individual's home state.
(3) The individual is determined by the commissioner to be
trustworthy, reliable, and of good reputation.
(4) The individual has not committed an act that is grounds
for probation, suspension, revocation, or refusal of licensure
under section 18 of this chapter.
(5) The individual has completed a prelicensing course of
study for the line of authority in which the individual has
applied for licensing under this section.
(6) The individual has successfully passed the written
examination administered under section 15 of this chapter for
the line of authority in which the individual has applied for
licensing under this section.
(c) The commissioner may require any documents reasonably
necessary to verify the information contained in the application.
Sec. 13. (a) A business entity may apply for a resident
independent adjuster license by submitting:
(1) a uniform business entity application to the commissioner
with a declaration, under penalty of suspension, revocation,
or refusal of licensure, that the statements made in the
application are true and complete to the best knowledge of the
individual submitting the application on behalf of the business
entity;
(2) an application fee of forty dollars ($40); and
(3) the name, address, Social Security number, and criminal
and administrative history of each:
(A) owner that has at least a ten percent (10%) interest or
voting interest in the business entity;
(B) partner of the business entity;
(C) executive officer of the business entity; and
(D) director of the business entity.
(b) The commissioner shall approve an application submitted by
a business entity under subsection (a) upon finding all of the
following:
(1) The business entity is eligible to designate Indiana as the
business entity's home state.
(2) The business entity has designated an individual
independent adjuster licensed under this chapter to be
responsible for the business entity's compliance with Indiana
insurance law.
(3) The business entity has not committed any act that is
grounds for probation, suspension, revocation, or refusal of
an independent adjuster license under section 18 of this
chapter.
(c) The commissioner may require a business entity applying
under this section to produce any documents reasonably necessary
to verify the information contained in the application.
Sec. 14. (a) An independent adjuster may qualify for an independent adjuster license in one (1) or more of the following lines of authority:
(1) Property and casualty insurance.
(2) Worker's compensation insurance.
(b) An independent adjuster licensed under this chapter is not required to hold another independent adjuster, insurance producer, or insurance administrator license in Indiana.
(c) An independent adjuster license:
(1) is effective for two (2) years after the date of issuance unless probated, suspended, revoked, or refused; and
(2) may be renewed if all requirements for renewal, including submission to the commissioner of a renewal fee of forty dollars ($40), are met by the date due.
(d) If an independent adjuster license expires, the independent adjuster may, within twelve (12) months after the date of expiration, be reissued an independent adjuster license upon receipt by the commissioner of:
(1) a request for reissuance, as prescribed by the commissioner; and
(2) a reissuance fee of eighty dollars ($80).
(e) An independent adjuster who is unable to comply with the license renewal requirements of this section due to:
(1) military service;
(2) long term medical disability; or
(3) another extenuating circumstance determined by the commissioner;
may request a waiver of the renewal requirements or applicable sanction.
(f) A license issued under this chapter must contain the following:
(1) The licensee's name, address, and personal identification number.
(2) The date of issuance.
(3) The date of expiration.
(4) Other information considered necessary by the commissioner.
(g) An independent adjuster shall, not more than thirty (30) days after the occurrence of a change of the independent adjuster's:
(1) legal name; or
(2) home state address;
provide written notice to the commissioner of the change.
(h) The commissioner may contract with a nongovernmental entity to perform ministerial functions required by this section, including the collection of data and fees related to licensing.
Sec. 15. (a) Except as provided in section 16 of this chapter, an individual who applies for an independent adjuster license under this chapter must pass a written examination that is:
(1) developed and conducted according to rules adopted by the commissioner under IC 4-22-2; and
(2) intended to test the knowledge of the individual concerning:
(A) the lines of authority in which the applicant has applied for licensing under this chapter;
(B) the duties and responsibilities of an independent adjuster; and
(C) Indiana insurance law.
(b) The commissioner may contract with a nongovernmental entity to administer the written examination required by this section.
(c) An individual described in subsection (a) shall remit, with the application to take the written examination required by this section, a nonrefundable examination fee in an amount set by the commissioner or the organization administering the examination.
(d) If an individual:
(1) fails to appear for or to pass an examination; and
(2) desires to reschedule the examination;
the individual shall reapply for the written examination and remit all fees and forms before scheduling an examination date.
Sec. 16. (a) An individual who applies for an independent adjuster license under this chapter and who:
(1) possesses an independent adjuster license for the same line of authority in which the individual has applied for licensing under this chapter in a state in which a prelicensing independent adjuster licensure examination is required;
(2) possessed an independent adjuster license that:
(A) was for the same line of authority in which the individual has applied for licensing under this chapter in a state in which a prelicensing independent adjuster licensure examination is required; and
(B) expired less than ninety (90) days before the date the commissioner receives the application; or
(3) provides proof from contracting insurers that the
individual has participated in claims adjudication in the same
line of authority during the five (5) years immediately
preceding the date of application;
is not required to complete a prelicensing course under section
12(b)(5) of this chapter or pass a prelicensing examination under
section 15 of this chapter before being licensed under this chapter.
(b) An applicant who meets the criteria set forth in subsection
(a)(1) or (a)(2) must provide certification from the other state that
the applicant's independent adjuster license:
(1) is currently in good standing; or
(2) was in good standing at the time of expiration.
(c) A person that:
(1) is licensed as an independent adjuster in another state
where a prelicensing independent adjuster licensure
examination is required;
(2) establishes legal residency in Indiana; and
(3) applies for a resident independent adjuster license under
this chapter less than ninety (90) days after the person
establishes legal residency in Indiana;
is not required to complete a prelicensing course under section
12(b)(5) of this chapter or pass a prelicensing examination under
section 15 of this chapter before being licensed under this chapter.
Sec. 17. (a) Except as provided in section 18 of this chapter, the
commissioner shall issue a nonresident independent adjuster
license to a person if:
(1) the person is currently licensed in good standing as an
independent adjuster in the person's home state;
(2) the person has submitted:
(A) the proper application for licensure;
(B) a nonresident application fee of ninety dollars ($90);
and
(C) in the case of a business entity, the information
required by section 13(a)(3) of this chapter; and
(3) the person's designated home state awards nonresident
independent adjuster licenses to residents of Indiana on the
same basis as nonresident independent adjuster licenses are
awarded under this chapter to residents of other states.
(b) Except as provided in section 18 of this chapter, if a person
that:
(1) is not a resident of Indiana; and
(2) is not licensed as an independent adjuster in another state;
desires to obtain an independent adjuster license under this
chapter, the person must comply with the requirements of section
12 or 13 of this chapter, and sections 14 and 15 of this chapter, and
must remit the nonresident application fee of ninety dollars ($90).
(c) The commissioner may:
(1) verify an independent adjuster's licensure status in
another state through an appropriate data base, including the
insurance producer data base maintained by the NAIC or an
affiliate or a subsidiary of the NAIC; or
(2) request certification of good standing as described in
section 16(b) of this chapter.
(d) To maintain a valid nonresident independent adjuster license
issued under this chapter:
(1) the independent adjuster must maintain a valid resident
independent adjuster license in the independent adjuster's
home state; and
(2) the independent adjuster's home state must award
nonresident independent adjuster licenses to residents of
Indiana on the same basis as nonresident independent
adjuster licenses are awarded under this chapter to residents
of other states.
(e) For a nonresident independent adjuster license issued under
this chapter to be renewed:
(1) the independent adjuster must:
(A) maintain a valid resident independent adjuster license
in the independent adjuster's home state; and
(B) remit to the commissioner a nonresident independent
adjuster license renewal fee of ninety dollars ($90); and
(2) the independent adjuster's home state must award
nonresident independent adjuster licenses to residents of
Indiana on the same basis as nonresident independent
adjuster licenses are awarded under this chapter to residents
of other states.
(f) If a nonresident independent adjuster's home state license
terminates for any reason other than issuance of a new resident
independent adjuster license in a new home state:
(1) the person's nonresident independent adjuster license
issued under this chapter also terminates immediately; and
(2) the person shall immediately surrender the nonresident
independent adjuster license to the commissioner.
(g) If a nonresident independent adjuster's home state license
terminates due to the issuance of a new resident independent
adjuster license in a new home state, the independent adjuster
shall, not more than thirty (30) days after the nonresident
independent adjuster's home state license termination date,
provide notice of the termination to the commissioner and the
insurance commissioner of any state that has issued a nonresident
independent adjuster license to the independent adjuster. The
notice must specify the independent adjuster's previous home state
address and new home state address.
(h) If a resident independent adjuster's license issued under this
chapter terminates for any reason, the resident independent
adjuster shall, not more than thirty (30) days after the resident
adjuster license termination date, provide notice of the termination
to the insurance commissioner of any state that has issued a
nonresident independent adjuster license to the resident
independent adjuster. If the termination results from a change of
the resident independent adjuster's home state, the notice must
specify the independent adjuster's previous home state address and
new home state address.
Sec. 18. (a) The commissioner may suspend, revoke, or refuse to
issue or renew an independent adjuster license, or place an
independent adjuster on probation, for a cause set forth in
subsection (b).
(b) An independent adjuster is subject to the penalties set forth
in subsection (a) for any of the following:
(1) Providing incorrect, misleading, incomplete, or materially
untrue information in a license application.
(2) Violating an insurance law, a subpoena, or an order of the
commissioner or another state's insurance commissioner.
(3) Obtaining or attempting to obtain a license through
misrepresentation or fraud.
(4) Improperly withholding, misappropriating, or converting
money or property received in the course of doing insurance
business.
(5) Intentionally misrepresenting the terms of an actual or
proposed insurance contract or application for insurance.
(6) Having been convicted of a felony.
(7) Having admitted or been found to have committed any
unfair trade practice or fraud in the business of insurance.
(8) Using fraudulent, coercive, or dishonest practices, or
demonstrating incompetence, untrustworthiness, or financial
irresponsibility, in the conduct of insurance business.
(9) Having an insurance license, or its equivalent, probated,
suspended, revoked, or refused in another state, province,
district, or territory.
(10) Forging another person's name to a document related to
an insurance transaction.
(11) Cheating, including improperly using notes or any other
reference material, to complete an examination for an
insurance license.
(12) Failing to comply with an administrative or court order
imposing a child support obligation.
(13) Failing to pay state income tax or failing to comply with
an administrative or court order directing payment of state
income tax.
(c) If the commissioner refuses an application for licensure or
for the renewal of an existing license under this chapter, the
commissioner shall notify the applicant or licensee in writing,
advising of the reason for the refusal. The applicant or licensee
may, not more than thirty (30) days after receiving the
commissioner's notice of refusal, make written demand upon the
commissioner for a hearing to determine the reasonableness of the
refusal. The hearing must be held under IC 4-21.5 not more than
twenty (20) days after the commissioner receives the applicant's or
licensee's written demand.
(d) The commissioner may suspend, revoke, or refuse to renew
a business entity's independent adjuster license under this chapter
or place a business entity licensed under this chapter on probation
if, after a hearing under IC 4-21.5, the commissioner finds that:
(1) the individual licensed independent adjuster designated by
the business entity under section 13(b)(2) of this chapter as
being responsible for the business entity's compliance with
Indiana insurance law committed a violation described in
subsection (b) while acting on behalf of or representing the
business entity;
(2) the violation was known or should have been known by at
least one (1) of the business entity's partners, officers, or
managers;
(3) the violation was not reported to the commissioner; and
(4) the business entity did not take corrective action.
(e) In addition to or instead of a penalty imposed under
subsection (a), the commissioner may, after a hearing under
IC 4-21.5, impose a civil penalty of at least fifty dollars ($50) and
not more than ten thousand dollars ($10,000), regardless of
whether the person on whom the penalty is imposed holds an
independent adjuster license issued under this chapter that is in
effect. A penalty imposed under this subsection may be enforced in
the same manner as a civil judgment.
Sec. 19. (a) Except as provided in subsection (b), an individual
who holds a license under this chapter shall, every two (2) years,
satisfactorily complete at least twenty-four (24) hours of continuing
education courses, three (3) hours of which must concern ethics,
and report the completion of the courses to the commissioner.
(b) This section does not apply to the following:
(1) An individual who is licensed for less than twelve (12)
months before the end of the applicable continuing education
biennium.
(2) A licensed nonresident independent adjuster who has met
the continuing education requirements of the designated home
state.
Sec. 20. An independent adjuster shall:
(1) maintain a copy of each contract between the independent
adjuster and an insurer or a self-insurer; and
(2) comply with the record retention policy agreed to in the
contract described in subdivision (1).
Sec. 21. An independent adjuster shall do all of the following:
(1) Be honest and fair in all communications with an insured,
an insurer, a self-insurer, and the public.
(2) Give policyholders and claimants prompt and
knowledgeable service and courteous, fair, and objective
treatment.
(3) Refrain from:
(A) giving legal advice; or
(B) dealing directly with a policyholder or claimant who is
represented by legal counsel unless the legal counsel
consents to the direct contact.
(4) Comply with all local, state, and federal privacy and
information security laws.
(5) Identify:
(A) itself, herself, or himself as an independent adjuster;
and
(B) if applicable, identify the independent adjuster's
employer;
when dealing with a policyholder or claimant.
(6) Refrain from:
(A) having any financial interest in an adjustment; or
(B) acquiring, for the independent adjuster or any person,
an interest or a title in salvage without first receiving
written authority from the principal.
Sec. 22. (a) An independent adjuster shall report to the
commissioner any administrative action taken against the
independent adjuster:
(1) in another jurisdiction; or
(2) by another governmental agency in Indiana;
not more than thirty (30) days after the final disposition of the
matter. The report must include a copy of the order or consent
order, and any other relevant documentation.
(b) An independent adjuster shall report to the commissioner
any criminal action taken against the independent adjuster:
(1) in another jurisdiction; or
(2) by another governmental agency in Indiana;
not more than thirty (30) days after the final disposition of the
criminal matter. The report must include a copy of the initial
complaint filed, the final order issued by the court, and any other
relevant documentation.
Sec. 23. If an independent adjuster uses an automated claims
adjudication system, the independent adjuster shall maintain proof
of the certification described in section 3(4) of this chapter and
provide the proof of certification to the commissioner upon
request.
Sec. 24. The commissioner shall deposit a fee received under this
chapter into the department of insurance fund established by
IC 27-1-3-28.
(1) be in writing;
(2) be delivered or mailed to the named insured at the last known address of the named insured;
(3) state the effective date of the cancellation; and
(4) upon request of the named insured, be accompanied by a written explanation of the specific reasons for the cancellation.
(b) An insurer shall provide written notice of cancellation to the named insured at least:
(1) ten (10) days before canceling a policy, if the cancellation is for nonpayment of a premium;
(2) twenty (20) days before canceling a policy, if:
(A) the cancellation occurs more than sixty (60) days after the date of issuance of the policy; or
(B) the insurer has received a copy of a complaint under
IC 32-30-10.5-8(d)(2) concerning the property; and
(3) ten (10) days before canceling a policy, if the cancellation
occurs not more than sixty (60) days after the date of issuance of
the policy.
(c) If the policy was procured by an independent insurance producer
licensed in Indiana, the insurer shall deliver or mail notice of
cancellation to the insurance producer not less than ten (10) days
before the insurer delivers or mails the notice to the named insured,
unless the obligation to notify the insurance producer is waived in
writing by the insurance producer.
(b) In any case arising from a permittee's use of a motor vehicle for which the owner of the vehicle has motor vehicle insurance coverage, the owner's motor vehicle insurance coverage is considered primary if both of the following apply:
(1) The vehicle, at the time damage occurred, was operated with the permission of the owner of the motor vehicle.
(2) The use was within the scope of the permission granted.
(c) The permittee may not recover under any other motor vehicle insurance coverage available to the permittee until the limit of all coverage provided by the owner's policy is first exhausted.
(d) In a case arising from an owner's use of a motor vehicle for which the owner of the vehicle has motor vehicle insurance coverage, the owner's motor vehicle insurance policy is considered primary for any claim made by a passenger in the motor vehicle.
(e) A passenger in a motor vehicle at the time a case described in subsection (b) or (d) arises may not recover under any other motor vehicle insurance coverage available to the passenger until the limit of all coverage
Indiana housing and community development authority shall include
in the notice the statement set forth in IC 24-5.5-3-1. In addition, the
notice required by this subsection must:
(1) inform the debtor that:
(A) the debtor is in default; and
(B) the debtor is encouraged to obtain assistance from a
mortgage foreclosure counselor; and
(2) provide the contact information for the Indiana Foreclosure
Prevention Network.
(b) The notice required by subsection (a) shall be sent to:
(1) the address of the mortgaged property; or
(2) the last known mailing address of the debtor if the creditor's
records indicate that the mailing address of the debtor is other
than the address of the mortgaged property.
If the creditor provides evidence that the notice required by subsection
(a) was sent by certified mail, return receipt requested, and as
prescribed by this subsection, it is not necessary that the debtor accept
receipt of the notice for an action to proceed as allowed under this
chapter.
(c) Except as provided in subsection (e) and section 10(g) of this
chapter, if a creditor files an action to foreclose a mortgage, the creditor
shall include with the complaint served on the debtor a notice that
informs the debtor of the debtor's right to participate in a settlement
conference. The notice must be in a form prescribed by the Indiana
housing and community development authority created by IC 5-20-1-3.
The notice must inform the debtor that the debtor may schedule a
settlement conference by notifying the court, not later than thirty (30)
days after the notice is served, of the debtor's intent to participate in a
settlement conference.
(d) In a foreclosure action filed under IC 32-30-10-3 after June 30,
2009, the creditor shall:
(1) attach to the complaint filed with the court a copy of the
notices sent to the debtor under subsections (a) and (c); and
(2) at the time the complaint is filed with the court, send:
(A) by certified mail, return receipt requested; and
(B) to the last known mailing address of the insurance
company;
a copy of the complaint filed with the court to the insurance
company of record for the property that is the subject of the
foreclosure action.
(e) A creditor is not required to send the notices described in this
section if:
(1) the loan is secured by a dwelling that is not the debtor's primary residence;
(2) the loan has been the subject of a prior foreclosure prevention agreement under this chapter and the debtor has defaulted with respect to the terms of that foreclosure prevention agreement; or
(3) bankruptcy law prohibits the creditor from participating in a settlement conference under this chapter with respect to the loan.
(f) A creditor that shows evidence that a copy of the complaint was sent as required by subsection (d)(2) is considered to have met the requirement of subsection (d)(2), regardless of whether the insurance company acknowledges having received the copy of the complaint.
(b) IC 27-1-15.7-5, as amended by this act, applies only to an insurance producer license issued after June 30, 2011.
(c) This SECTION expires July 1, 2016.
