§ 27-2-17-6 — Appointment of independent insurance producers; jurisdiction; hearing; violation; administrative orders and procedures; evidence

Indiana § 27-2-17-6

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

Text

(a) An insurance company that issues property
or casualty insurance shall not discriminate in the appointment of an
independent insurance producer on the basis of race, color, national
origin, or gender.
(b) Except as provided in subsection (c), the department has
exclusive jurisdiction to investigate any complaints of discrimination
in the appointment of independent insurance producers in violation of
subsection (a).
(c) If the commissioner of the department determines after a hearing
that an insurance company has violated subsection (a), the
commissioner may order one (1) of the following remedies:
(1) Payment of a civil penalty of not more than two thousand
dollars ($2,000) for each violation.
(2) Suspension or revocation of the insurance company's
certificate of authority if the commissioner determines that the
violation was willful or wanton and that similar violations have
been committed by that company with a frequency that constitutes
a general business practice.
(3) Any other remedy agreed to by the department and the
insurance company.
(d) Any determination made by the commissioner under this section
is subject to IC 4-21.5.
(e) Findings of the department under this section may not be
considered as evidence in any civil action other than an appeal as
provided under IC 4-21.5.

Legislative History

As added by P.L.116-1994, SEC.48 and P.L.130-1994, SEC.37. Amended by P.L.2-1995, SEC.103; P.L.178-2003, SEC.33.