§ 27-10-3-11 — Surety bail agents; terminating appointment; premiums owed; remedies

Indiana § 27-10-3-11

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 10: INDIANA BAIL LAW
• Ch. 3: Licensure and Registration

Text

(a) An insurer who appoints a surety bail
agent in Indiana shall give notice of the appointment to the
commissioner along with a written application for license for the bail
agent. All appointments are subject to the issuance of a license to the
surety bail agent.
(b) If an insurer appoints a surety bail agent under subsection (a),
not later than sixty (60) days after the appointment, the appointee shall
submit to the commissioner an affidavit:
(1) on a form prescribed by the commissioner;
(2) signed by the appointee; and
(3) that states:
(A) whether the appointee owes premiums to a former insurer
or an agency to which the appointee reported on behalf of a
former insurer;
(B) to whom the appointee owes a premium;
(C) the amount of the premium owed; and
(D) whether there is a dispute concerning the premium.
(c) An appointee shall provide a copy of an affidavit submitted
under subsection (b) by certified mail to each of the appointee's former
insurers or agents to which the appointee reported on behalf of a former
insurer in the six (6) years immediately preceding the appointee's
appointment under subsection (a).
(d) Not more than one hundred eighty (180) days after receiving a
copy of an appointee's affidavit provided under subsection (c), a former
insurer or agent that has knowledge that the affidavit is untrue may file
a petition with the commissioner stating that the appointee still owes
a premium to the insurer or agent in violation of IC 27-10-4-7 and
requesting relief. At the same time that the insurer or agent files the
petition with the commissioner, the insurer or agent shall mail a copy
of the petition to the appointee by certified mail. The appointee may
file a response with the commissioner not later than ten (10) days after
the appointee receives the petition.
(e) Upon receipt of the petition and response, if filed, under
subsection (d), the commissioner may conduct an investigation and
institute proceedings in accordance with section 9 of this chapter.
(f) The remedies provided in this section are not the exclusive
remedies available to an insurer or agent. The election of an insurer or
agent to seek a remedy under this section does not preclude the insurer
or agent from seeking other remedies available at law or in equity, and
is not a prerequisite for an insurer or agent to seek other remedies
available at law or in equity.
(g) An insurer that terminates the appointment of a surety bail agent
shall file written notice of the termination with the commissioner
together with a statement that the insurer has given or mailed notice to
the surety bail agent. The notice filed with the commissioner must state
the reasons, if any, for the termination. Information furnished to the
commissioner is confidential and may not be used as evidence in or a
basis for any action against the insurer or any of the insurer's
representatives.

Legislative History

As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.21; P.L.348-1995, SEC.5; P.L.102-2005, SEC.7.