§ 27-1-25-1 — Definitions

As used in this chapter:
(a) "Administrator" means a person who directly or indirectly and
on behalf of an insurer underwrites, collects charges or premiums from,
or adjusts or settles claims on residents of Indiana in connection with
life, annuity, or health coverage offered or provided by an insurer. The
term "administrator" does not include the following persons:
(1) An employer or a wholly owned direct or indirect subsidiary
of an employer acting on behalf of the employees of:
(A) the employer;
(B) the subsidiary; or
(C) an affiliated corporation of the employer.
(2) A union acting for its members.
(3) An insurer.
(4) An insurance producer:
(A) that is licensed under IC 27-1-15.6;
(B) that has:
(i) a life; or
(ii) an accident and health or sickness;
qualification under IC 27-1-15.6-7; and
(C) whose activities are limited exclusively to the sale of
insurance.
(5) A creditor acting for its debtors regarding insurance covering
a debt between them.
(6) A trust established under 29 U.S.C. 186 and the trustees,
agents, and employees acting pursuant to that trust.
(7) A trust that is exempt from taxation under Section 501(a) of
the Internal Revenue Code and:
(A) the trustees and employees acting pursuant to that trust; or
(B) a custodian and the agents and employees of the custodian
acting pursuant to a custodian account that meets the
requirements of Section 401(f) of the Internal Revenue Code.
(8) A financial institution that is subject to supervision or
examination by federal or state banking authorities to the extent
that the financial institution collects and remits premiums to an
insurance producer or an authorized insurer in connection with a
loan payment.
(9) A credit card issuing company that:
(A) advances for; and
(B) collects from, when a credit card holder authorizes the
collection;
credit card holders of the credit card issuing company, insurance
premiums or charges.
(10) A person that adjusts or settles claims in the normal course
of the person's practice or employment as an attorney at law and
that does not collect charges or premiums in connection with life,
annuity, or health coverage.
(11) A health maintenance organization that has a certificate of
authority issued under IC 27-13.
(12) A limited service health maintenance organization that has
a certificate of authority issued under IC 27-13.
(13) A mortgage lender to the extent that the mortgage lender
collects and remits premiums to an insurance producer or an
authorized insurer in connection with a loan payment.
(14) A person that:
(A) is licensed as a managing general agent as required under
IC 27-1-33; and
(B) acts exclusively within the scope of activities provided for
under the license referred to in clause (A).
(15) A person that:
(A) directly or indirectly underwrites, collects charges or
premiums from, or adjusts or settles claims on residents of
Indiana in connection with life, annuity, or health coverage
provided by an insurer;
(B) is affiliated with the insurer; and
(C) performs the duties specified in clause (A) only according
to a contract between the person and the insurer for the direct
and assumed life, annuity, or health coverage provided by the
insurer.
(b) "Affiliate" means an entity or a person that:
(1) directly or indirectly through an intermediary controls or is
controlled by; or
(2) is under common control with;
a specified entity or person.
(c) "Church plan" has the meaning set forth in IC 27-8-10-1.
(d) "Commissioner" refers to the insurance commissioner appointed
under IC 27-1-1-2.
(e) "Control" means the direct or indirect possession of the power
to direct or cause the direction of the management and policies of a
person, whether:
(1) through ownership of voting securities;
(2) by contract other than a commercial contract for goods or
nonmanagement services; or
(3) otherwise;
unless the power is the result of an official position with the person or
a corporate office held by the person. Control is presumed to exist if a
person directly or indirectly owns, controls, holds with the power to
vote, or holds proxies representing not less than ten percent (10%) of
the voting securities of another person.
(f) "Covered individual" means an individual who is covered under
a benefit program provided by an insurer.
(g) "Financial institution" means a bank, savings association, credit
union, or any other institution regulated under IC 28 or federal law.
(h) "GAAP" refers to consistently applied United States generally
accepted accounting principles.
(i) "Governmental plan" has the meaning set forth in IC 27-8-10-1.
(j) "Home state" means the District of Columbia or any state or
territory of the United States in which an administrator is incorporated
or maintains the administrator's principal place of business. If the place
in which the administrator is incorporated or maintains the
administrator's principal place of business is not governed by a law that
is substantially similar to this chapter, the administrator's home state is
another state:
(1) in which the administrator conducts the business of the
administrator; and
(2) that the administrator declares is the administrator's home
state.
(k) "Insurance producer" has the meaning set forth in IC 27-1-15.6-2.
(l) "Insurer" means:
(1) a person who obtains a certificate of authority under:
(A) IC 27-1-3-20;
(B) IC 27-13-3; or
(C) IC 27-13-34; or
(2) an employer that provides life, health, or annuity coverage in
Indiana under a governmental plan or a church plan.
(m) "Negotiate" has the meaning set forth in IC 27-1-15.6-2.
(n) "Nonresident administrator" means a person that applies for or
holds a license under section 12.2 of this chapter.
(o) "Person" has the meaning set forth in IC 27-1-15.6-2.
(p) "Sell" has the meaning set forth in IC 27-1-15.6-2.
(q) "Solicit" has the meaning set forth in IC 27-1-15.6-2.
(r) "Underwrite" refers to the:
(1) acceptance of a group application or an individual application
for coverage of an individual in accordance with the written rules
of the insurer; or
(2) planning and coordination of a benefit program provided by
an insurer.
As added by Acts 1980, P.L.168, SEC.2. Amended by Acts
1982, P.L.165, SEC.1; P.L.26-1991, SEC.18; P.L.26-1994, SEC.10;
P.L.2-1995, SEC.101; P.L.185-1996, SEC.9; P.L.79-1998, SEC.31;
P.L.207-1999, SEC.1 and P.L.255-1999, SEC.1; P.L.132-2001, SEC.7;
P.L.160-2003, SEC.4; P.L.178-2003, SEC.27; P.L.97-2004, SEC.96;
P.L.11-2011, SEC.18; P.L.124-2018, SEC.46.