§ 27-1-15.9-17 — Insurer requirements; notices; termination

Indiana § 27-1-15.9-17

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 15.9: Portable Electronics Insurance

Text

(a) To the extent that this section conflicts
with any other provision of IC 27 that applies to an insurer, this section
is controlling.
(b) The following apply to an insurer that issues a portable
electronics insurance policy:
(1) Except as provided in subdivisions (3) and (4), an insurer shall
provide written notice to a vendor and an insured customer at
least thirty (30) days before terminating or otherwise changing the
terms and conditions of a portable electronics insurance policy.
(2) An insurer that changes the terms and conditions as described
in subdivision (1) shall provide to the vendor and insured
customer:
(A) a revised policy, endorsement, or certificate;
(B) an updated brochure; or
(C) other evidence of the change;
including a summary of material changes.
(3) If an insurer discovers fraud or material misrepresentation by
an insured customer in:
(A) obtaining portable electronics insurance; or
(B) presenting a claim under the portable electronics insurance;
the insurer may, not less than fifteen (15) days after providing
written notice to the insured customer, terminate the insured
customer's portable electronics insurance.
(4) An insurer may immediately terminate an insured customer's
portable electronics insurance for the following reasons:
(A) Nonpayment of premiums.
(B) The insured customer no longer has active service with the
vendor.
(C) The:
(i) insured customer has exhausted any aggregate limit of
liability under the terms of the portable electronics insurance
policy; and
(ii) insurer has sent written notice of the termination to the
insured customer.
(5) If portable electronics insurance is terminated by a vendor, the
vendor shall, at least thirty (30) days before the effective date of
the termination, deliver written notice of the termination,
including notice of the effective date of the termination, to each
insured customer.
(6) Written notice required by this chapter may be delivered as
follows:
(A) By United States mail to:
(i) a vendor at the mailing address specified by the vendor for
delivery of written notice; and
(ii) an insured customer at the insured customer's last known
mailing address;
that is on file with the insurer.
(B) By electronic mail to:
(i) a vendor at the vendor's electronic mail address specified
by the vendor for delivery of written notice; and
(ii) an insured customer at the insured customer's last known
electronic mail address provided by the insured customer to
the insurer or vendor.
An insured customer's provision of an electronic mail address to
an insurer or a vendor is considered to be consent from the
insured customer to receive written notices by electronic mail. An
insurer and a vendor shall maintain proof that a written notice
sent by electronic mail was sent.
(7) A written notice required by this chapter that is delivered by
a supervising entity appointed by an insurer on behalf of the
insurer or vendor is considered to have been delivered by the
insurer or vendor.

Legislative History

As added by P.L.4-2012, SEC.3.