§ 27-4-1-4 — Enumeration of unfair methods of competition and deceptive acts and practices

(a) The following are hereby defined as unfair
methods of competition and unfair and deceptive acts and practices in
the business of insurance:
(1) Making, issuing, circulating, or causing to be made, issued, or
circulated, any estimate, illustration, circular, or statement:
(A) misrepresenting the terms of any policy issued or to be
issued or the benefits or advantages promised thereby or the
dividends or share of the surplus to be received thereon;
(B) making any false or misleading statement as to the
dividends or share of surplus previously paid on similar
policies;
(C) making any misleading representation or any
misrepresentation as to the financial condition of any insurer,
or as to the legal reserve system upon which any life insurer
operates;
(D) using any name or title of any policy or class of policies
misrepresenting the true nature thereof; or
(E) making any misrepresentation to any policyholder insured
in any company for the purpose of inducing or tending to
induce such policyholder to lapse, forfeit, or surrender the
policyholder's insurance.
(2) Making, publishing, disseminating, circulating, or placing
before the public, or causing, directly or indirectly, to be made,
published, disseminated, circulated, or placed before the public,
in a newspaper, magazine, or other publication, or in the form of
a notice, circular, pamphlet, letter, or poster, or over any radio or
television station, or in any other way, an advertisement,
announcement, or statement containing any assertion,
representation, or statement with respect to any person in the
conduct of the person's insurance business, which is untrue,
deceptive, or misleading.
(3) Making, publishing, disseminating, or circulating, directly or
indirectly, or aiding, abetting, or encouraging the making,
publishing, disseminating, or circulating of any oral or written
statement or any pamphlet, circular, article, or literature which is
false, or maliciously critical of or derogatory to the financial
condition of an insurer, and which is calculated to injure any
person engaged in the business of insurance.
(4) Entering into any agreement to commit, or individually or by
a concerted action committing any act of boycott, coercion, or
intimidation resulting or tending to result in unreasonable
restraint of, or a monopoly in, the business of insurance.
(5) Filing with any supervisory or other public official, or making,
publishing, disseminating, circulating, or delivering to any person,
or placing before the public, or causing directly or indirectly, to
be made, published, disseminated, circulated, delivered to any
person, or placed before the public, any false statement of
financial condition of an insurer with intent to deceive. Making
any false entry in any book, report, or statement of any insurer
with intent to deceive any agent or examiner lawfully appointed
to examine into its condition or into any of its affairs, or any
public official to which such insurer is required by law to report,
or which has authority by law to examine into its condition or into
any of its affairs, or, with like intent, willfully omitting to make a
true entry of any material fact pertaining to the business of such
insurer in any book, report, or statement of such insurer.
(6) Issuing or delivering or permitting agents, officers, or
employees to issue or deliver, agency company stock or other
capital stock, or benefit certificates or shares in any common law
corporation, or securities or any special or advisory board
contracts or other contracts of any kind promising returns and
profits as an inducement to insurance.
(7) Making or permitting any of the following:
(A) Unfair discrimination between individuals of the same class
and equal expectation of life in the rates or assessments charged
for any contract of life insurance or of life annuity or in the
dividends or other benefits payable thereon, or in any other of
the terms and conditions of such contract. However, in
determining the class, consideration may be given to the nature
of the risk, plan of insurance, the actual or expected expense of
conducting the business, or any other relevant factor.
(B) Unfair discrimination between individuals of the same class
involving essentially the same hazards in the amount of
premium, policy fees, assessments, or rates charged or made for
any policy or contract of accident or health insurance or in the
benefits payable thereunder, or in any of the terms or conditions
of such contract, or in any other manner whatever. However, in
determining the class, consideration may be given to the nature
of the risk, the plan of insurance, the actual or expected expense
of conducting the business, or any other relevant factor.
(C) Excessive or inadequate charges for premiums, policy fees,
assessments, or rates, or making or permitting any unfair
discrimination between persons of the same class involving
essentially the same hazards, in the amount of premiums, policy
fees, assessments, or rates charged or made for:
(i) policies or contracts of reinsurance or joint reinsurance, or
abstract and title insurance;
(ii) policies or contracts of insurance against loss or damage
to aircraft, or against liability arising out of the ownership,
maintenance, or use of any aircraft, or of vessels or craft,
their cargoes, marine builders' risks, marine protection and
indemnity, or other risks commonly insured under marine, as
distinguished from inland marine, insurance; or
(iii) policies or contracts of any other kind or kinds of
insurance whatsoever.
However, nothing contained in clause (C) shall be construed to
apply to any of the kinds of insurance referred to in clauses (A)
and (B) nor to reinsurance in relation to such kinds of insurance.
Nothing in clause (A), (B), or (C) shall be construed as making or
permitting any excessive, inadequate, or unfairly discriminatory
charge or rate or any charge or rate determined by the department
or commissioner to meet the requirements of any other insurance
rate regulatory law of this state.
(8) Except as otherwise expressly provided by IC 27-1-47 or
another law, knowingly permitting or offering to make or making
any contract or policy of insurance of any kind or kinds
whatsoever, including but not in limitation, life annuities, or
agreement as to such contract or policy other than as plainly
expressed in such contract or policy issued thereon, or paying or
allowing, or giving or offering to pay, allow, or give, directly or
indirectly, as inducement to such insurance, or annuity, any rebate
of premiums payable on the contract, or any special favor or
advantage in the dividends, savings, or other benefits thereon, or
any valuable consideration or inducement whatever not specified
in the contract or policy; or giving, or selling, or purchasing or
offering to give, sell, or purchase as inducement to such insurance
or annuity or in connection therewith, any stocks, bonds, or other
securities of any insurance company or other corporation,
association, limited liability company, or partnership, or any
dividends, savings, or profits accrued thereon, or anything of
value whatsoever not specified in the contract. Nothing in this
subdivision and subdivision (7) shall be construed as including
within the definition of discrimination or rebates any of the
following practices:
(A) Paying bonuses to policyholders or otherwise abating their
premiums in whole or in part out of surplus accumulated from
nonparticipating insurance, so long as any such bonuses or
abatement of premiums are fair and equitable to policyholders
and for the best interests of the company and its policyholders.
(B) In the case of life insurance policies issued on the industrial
debit plan, making allowance to policyholders who have
continuously for a specified period made premium payments
directly to an office of the insurer in an amount which fairly
represents the saving in collection expense.
(C) Readjustment of the rate of premium for a group insurance
policy based on the loss or expense experience thereunder, at
the end of the first year or of any subsequent year of insurance
thereunder, which may be made retroactive only for such policy
year.
(D) Paying by an insurer or insurance producer thereof duly
licensed as such under the laws of this state of money,
commission, or brokerage, or giving or allowing by an insurer
or such licensed insurance producer thereof anything of value,
for or on account of the solicitation or negotiation of policies or
other contracts of any kind or kinds, to a broker, an insurance
producer, or a solicitor duly licensed under the laws of this
state, but such broker, insurance producer, or solicitor receiving
such consideration shall not pay, give, or allow credit for such
consideration as received in whole or in part, directly or
indirectly, to the insured by way of rebate.
(9) Requiring, as a condition precedent to loaning money upon the
security of a mortgage upon real property, that the owner of the
property to whom the money is to be loaned negotiate any policy
of insurance covering such real property through a particular
insurance producer or broker or brokers. However, this
subdivision shall not prevent the exercise by any lender of the
lender's right to approve or disapprove of the insurance company
selected by the borrower to underwrite the insurance.
(10) Entering into any contract, combination in the form of a trust
or otherwise, or conspiracy in restraint of commerce in the
business of insurance.
(11) Monopolizing or attempting to monopolize or combining or
conspiring with any other person or persons to monopolize any
part of commerce in the business of insurance. However,
participation as a member, director, or officer in the activities of
any nonprofit organization of insurance producers or other
workers in the insurance business shall not be interpreted, in
itself, to constitute a combination in restraint of trade or as
combining to create a monopoly as provided in this subdivision
and subdivision (10). The enumeration in this chapter of specific
unfair methods of competition and unfair or deceptive acts and
practices in the business of insurance is not exclusive or
restrictive or intended to limit the powers of the commissioner or
department or of any court of review under section 8 of this
chapter.
(12) Requiring as a condition precedent to the sale of real or
personal property under any contract of sale, conditional sales
contract, or other similar instrument or upon the security of a
chattel mortgage, that the buyer of such property negotiate any
policy of insurance covering such property through a particular
insurance company, insurance producer, or broker or brokers.
However, this subdivision shall not prevent the exercise by any
seller of such property or the one making a loan thereon of the
right to approve or disapprove of the insurance company selected
by the buyer to underwrite the insurance.
(13) Issuing, offering, or participating in a plan to issue or offer,
any policy or certificate of insurance of any kind or character as
an inducement to the purchase of any property, real, personal, or
mixed, or services of any kind, where a charge to the insured is
not made for and on account of such policy or certificate of
insurance. However, this subdivision shall not apply to any of the
following:
(A) Insurance issued to credit unions or members of credit
unions in connection with the purchase of shares in such credit
unions.
(B) Insurance employed as a means of guaranteeing the
performance of goods and designed to benefit the purchasers or
users of such goods.
(C) Title insurance.
(D) Insurance written in connection with an indebtedness and
intended as a means of repaying such indebtedness in the event
of the death or disability of the insured.
(E) Insurance provided by or through motorists service clubs or
associations.
(F) Insurance that is provided to the purchaser or holder of an
air transportation ticket and that:
(i) insures against death or nonfatal injury that occurs during
the flight to which the ticket relates;
(ii) insures against personal injury or property damage that
occurs during travel to or from the airport in a common
carrier immediately before or after the flight;
(iii) insures against baggage loss during the flight to which
the ticket relates; or
(iv) insures against a flight cancellation to which the ticket
relates.
(14) Refusing, because of the for-profit status of a hospital or
medical facility, to make payments otherwise required to be made
under a contract or policy of insurance for charges incurred by an
insured in such a for-profit hospital or other for-profit medical
facility licensed by the Indiana department of health.
(15) Refusing to insure an individual, refusing to continue to issue
insurance to an individual, limiting the amount, extent, or kind of
coverage available to an individual, or charging an individual a
different rate for the same coverage, solely because of that
individual's blindness or partial blindness, except where the
refusal, limitation, or rate differential is based on sound actuarial
principles or is related to actual or reasonably anticipated
experience.
(16) Committing or performing, with such frequency as to
indicate a general practice, unfair claim settlement practices (as
defined in section 4.5 of this chapter).
(17) Between policy renewal dates, unilaterally canceling an
individual's coverage under an individual or group health
insurance policy solely because of the individual's medical or
physical condition.
(18) Using a policy form or rider that would permit a cancellation
of coverage as described in subdivision (17).
(19) Violating IC 27-1-22-25, IC 27-1-22-26, or IC 27-1-22-26.1
concerning motor vehicle insurance rates.
(20) Violating IC 27-8-21-2 concerning advertisements referring
to interest rate guarantees.
(21) Violating IC 27-8-24.3 concerning insurance and health plan
coverage for victims of abuse.
(22) Violating IC 27-8-26 concerning genetic screening or testing.
(23) Violating IC 27-1-15.6-3(b) concerning licensure of
insurance producers.
(24) Violating IC 27-1-38 concerning depository institutions.
(25) Violating IC 27-8-28-17(c) or IC 27-13-10-8(c) concerning
the resolution of an appealed grievance decision.
(26) Violating IC 27-8-5-2.5(e) through IC 27-8-5-2.5(j) (expired
July 1, 2007, and removed) or IC 27-8-5-19.2 (expired July 1,
2007, and repealed).
(27) Violating IC 27-2-21 concerning use of credit information.
(28) Violating IC 27-4-9-3 concerning recommendations to
consumers.
(29) Engaging in dishonest or predatory insurance practices in
marketing or sales of insurance to members of the United States
Armed Forces as:
(A) described in the federal Military Personnel Financial
Services Protection Act, P.L.109-290; or
(B) defined in rules adopted under subsection (b).
(30) Violating IC 27-8-19.8-20.1 concerning stranger originated
life insurance.
(31) Violating IC 27-2-22 concerning retained asset accounts.
(32) Violating IC 27-8-5-29 concerning health plans offered
through a health benefit exchange (as defined in IC 27-19-2-8).
(33) Violating a requirement of the federal Patient Protection and
Affordable Care Act (P.L. 111-148), as amended by the federal
Health Care and Education Reconciliation Act of 2010 (P.L.
111-152), that is enforceable by the state.
(34) After June 30, 2015, violating IC 27-2-23 concerning
unclaimed life insurance, annuity, or retained asset account
benefits.
(35) Willfully violating IC 27-1-12-46 concerning a life insurance
policy or certificate described in IC 27-1-12-46(a).
(36) Violating IC 27-1-37-7 concerning prohibiting the disclosure
of health care service claims data.
(37) Violating IC 27-4-10-10 concerning virtual claims payments.
(38) Violating IC 27-1-24.5 concerning pharmacy benefit
managers.
(39) Violating IC 27-7-17-16 or IC 27-7-17-17 concerning the
marketing of travel insurance policies.
(40) Violating IC 27-1-49 concerning individual prescription drug
rebates.
(41) Violating IC 27-1-50 concerning group prescription drug
rebates.
(b) Except with respect to federal insurance programs under
Subchapter III of Chapter 19 of Title 38 of the United States Code, the
commissioner may, consistent with the federal Military Personnel
Financial Services Protection Act (10 U.S.C. 992 note), adopt rules
under IC 4-22-2 to:
(1) define; and
(2) while the members are on a United States military installation
or elsewhere in Indiana, protect members of the United States
Armed Forces from;
dishonest or predatory insurance practices.
Formerly: Acts 1947, c.112, s.4; Acts 1955, c.10, s.1; Acts
1971, P.L.389, SEC.1; Acts 1974, P.L.124, SEC.1. As amended by
Acts 1981, P.L.247, SEC.1; P.L.259-1983, SEC.1; P.L.271-1987,
SEC.5; P.L.5-1988, SEC.144; P.L.160-1988, SEC.1; P.L.2-1992,
SEC.783; P.L.122-1992, SEC.2; P.L.8-1993, SEC.417; P.L.8-1993,
SEC.418; P.L.225-1993, SEC.1; P.L.223-1993, SEC.6; P.L.1-1994,
SEC.134; P.L.133-1994, SEC.1; P.L.116-1994, SEC.49; P.L.2-1995,
SEC.104; P.L.188-1996, SEC.1; P.L.185-1996, SEC.10; P.L.150-1997,
SEC.2; P.L.132-2001, SEC.8; P.L.130-2002, SEC.3; P.L.178-2003,
SEC.35; P.L.201-2003, SEC.2; P.L.211-2003, SEC.1; P.L.97-2004,
SEC.97; P.L.39-2005, SEC.2; P.L.138-2005, SEC.1; P.L.1-2006,
SEC.487; P.L.131-2007, SEC.1; P.L.3-2008, SEC.211; P.L.112-2008,
SEC.2; P.L.1-2009, SEC.146; P.L.67-2011, SEC.2; P.L.278-2013,
SEC.22; P.L.90-2014, SEC.2; P.L.227-2015, SEC.6; P.L.124-2018,
SEC.64; P.L.50-2020, SEC.7; P.L.31-2021, SEC.3; P.L.196-2021,
SEC.34; P.L.19-2022, SEC.4; P.L.56-2023, SEC.244; P.L.158-2024,
SEC.19.