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Indiana Department of Insurance

IDOI > Company Compliance > Property & Casualty > Property and Casualty Review Standards Property and Casualty Review Standards

(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.)
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 General rating requirements. Rates shall not be excessive, inadequate, or unfairly discriminatory.
IC 27-1-22-4 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(j)  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 27-7-12-8 Named insured must be given notice of a transfer of the policy, including a transfer between affiliated companies, at least 20 days before the transfer. Notice must identify the new insurer. 
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

IC 5-14-3-3  Access to Public Records 
IC 8-21-3  Aircraft Financial Responsibility Act 
IC 9-22-3  Salvage Vehicles 
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 27-1-13-7  Notice to Agent is Notice to the Insured 
IC 27-1-13-7  Insolvency or Bankruptcy of Insured does not absolve the Insurer 
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 27-1-22-26  Returning Members of the Armed Services 
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 76  Mine Subsidence Insurance 
Bulletin 78 Automobile Service and Reimbursement Insurance Contracts
Bulletin 82  Automobile Insurance - Sales Tax 
Bulletin 104  Mine Subsidence Insurance Premium Rate Table 
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 

II. Requirements for Specific Lines of Property & Casualty Insurance

Auto Warranty - Bulletin 78 
Bail Bonds
  IC 31-14-1.5 security for child support, custody, and visitation rights
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 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 ofer deductible of ot 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 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 27-7-13 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.
Bulletin 104, 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
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.

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 27-7-5-2 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, $10,000 for property damage in 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)

Snowmobiles

Surety Bonds
Travel Insurance

Vehicle Service Contracts
Weather
Workers Compensation

IC 22-3-1-1 through 27-3-12-5
IC 27-7-2-1 through 27-7-2-38

Yacht