§ 27-1-20-33 — Annual Statement Blank, additional filings and quarterly statements; filings with NAIC

Indiana § 27-1-20-33

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 20: Additional Provisions Pertaining to All Insurance

Text

(a) As used in this section, "insurer" refers
to each:
(1) domestic company;
(2) foreign company; and
(3) alien company;
that is authorized to transact business in Indiana.
(b) On or before March 1 of each year, an insurer shall file with the
NAIC and with the department a copy of the insurer's Annual
Statement Blank and additional filings prescribed by the commissioner
for the preceding year. An insurer shall also file quarterly statements
with the NAIC and with the department on or before May 15, August
15, and November 15 of each year in a form prescribed by the
commissioner. The information filed with the NAIC under this
subsection:
(1) must be:
(A) in the same format; and
(B) of the same scope;
as is required by the commissioner under section 21 of this
chapter;
(2) to the extent required by the NAIC, must include the signed
jurat page and the actuarial certification; and
(3) must be filed electronically in accordance with NAIC
electronic filing specifications.
The commissioner may grant an exemption from the requirement of
subdivision (3) to domestic companies that operate only in Indiana. If
an insurer files any amendment or addendum to an insurer's Annual
Statement Blank or quarterly statement with the commissioner, the
insurer shall also file a copy of the amendment or addendum with the
NAIC. Annual and quarterly financial statements are deemed filed with
the NAIC when delivered to the address designated by the NAIC for
the filings regardless of whether the filing is accompanied by any
applicable fee.
(c) The commissioner may, for good cause, grant an insurer an
extension of time for the filing required by subsection (b).
(d) A foreign company that:
(1) is domiciled in a state that has a law substantially similar to
subsection (b); and
(2) complies with that law;
shall be considered to be in compliance with this section.
(e) In the absence of actual malice:
(1) members of the NAIC;
(2) duly authorized committees, subcommittees, and task forces
of members of the NAIC;
(3) delegates of members of the NAIC;
(4) employees of the NAIC; and
(5) other persons responsible for collecting, reviewing, analyzing,
and disseminating information developed from the filing of
Annual Statement Blanks under this section;
shall be considered to be acting as agents of the commissioner under
the authority of this section and are not subject to civil liability for
libel, slander, or any other cause of action by virtue of the collection,
review, analysis, or dissemination of the data and information collected
from the filings required by this section.
(f) The commissioner may suspend, revoke, or refuse to renew the
certificate of authority of an insurer that fails to file the insurer's
Annual Statement Blank or quarterly statements with the NAIC or with
the department within the time allowed by subsection (b) or (c).

Legislative History

As added by P.L.121-1992, SEC.3. Amended by P.L.251-1995, SEC.16; P.L.91-1998, SEC.7; P.L.268-1999, SEC.9; P.L.124-2018, SEC.39.