§ 27-2-17-5 — Discrimination based on geographical location prohibited

Indiana § 27-2-17-5

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 2: POWERS AND DUTIES OF INSURERS
• Ch. 17: Discrimination in Insurance

Text

(a) This chapter applies to an insurer that
obtains a certificate of authority under IC 27-1-3-20 as:
(1) a domestic insurer formed under IC 27-1-6;
(2) a foreign insurer that has become a domestic insurer under IC 27-1-6.5; or
(3) a foreign or an alien insurer under IC 27-1-17.
(b) An insurer that:
(1) obtains a certificate of authority authorizing the insurer to
provide property or casualty insurance in Indiana; and
(2) provides property or casualty insurance covering risks in any
location in Indiana;
may not cancel or refuse to issue or renew a policy of property or
casualty insurance based solely on the geographical location of the risk
within Indiana. This subsection does not preclude an insurer from
refusing to issue or renew or from canceling a policy based on sound
underwriting or actuarial principles reasonably related to actual or
anticipated loss experience or any other sound business purpose.
(c) If an insurer is found by the commissioner to have violated
subsection (b), the commissioner may, after a hearing, suspend or
revoke the certificate of authority of the insurer.
(d) Any determination made by the commissioner under this section
is subject to IC 4-21.5.
(e) Except as provided in subsection (f), the department has
exclusive jurisdiction to investigate any alleged violation of this
section.
(f) Subsection (e) is not intended to restrict the jurisdiction, if any,
the civil rights commission may have under IC 22-9-1-4.

Legislative History

As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48.