Indiana § 27-4-5-5 Prerequisites to pleading; deposit to secure payment of judgment;
procuring certificate of authority; motion to quash

Indiana Statutes

§ 27-4-5-5 — Prerequisites to pleading; deposit to secure payment of judgment; procuring certificate of authority; motion to quash

Indiana·Title 27 INSURANCE·Art. 4 UNFAIR COMPETITION; UNAUTHORIZED·Ch. 5 Unauthorized Insurers Act

(a)Before any unauthorized insurer files or causes to be filed in any pleading in any court action, suit, or proceeding or in any notice, order, pleading, or process in such administrative proceeding before the commissioner instituted against such person or insurer, by services made as provided in section 4 of this chapter, such insurer shall either:

(1)deposit with the clerk in which such action, suit, or proceeding is pending, or with the commissioner of insurance in administrative proceedings before the commissioner, cash or securities, or file with such clerk or commissioner a bond with good and sufficient sureties, to be approved by the clerk or commissioner in an amount to be fixed by the court or commissioner sufficient to secure the payment of any final judgment which may be rend

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(a) Before any unauthorized insurer files or
causes to be filed in any pleading in any court action, suit, or
proceeding or in any notice, order, pleading, or process in such
administrative proceeding before the commissioner instituted against
such person or insurer, by services made as provided in section 4 of
this chapter, such insurer shall either:
(1) deposit with the clerk in which such action, suit, or proceeding
is pending, or with the commissioner of insurance in
administrative proceedings before the commissioner, cash or
securities, or file with such clerk or commissioner a bond with
good and sufficient sureties, to be approved by the clerk or
commissioner in an amount to be fixed by the court or
commissioner sufficient to secure the payment of any final
judgment which may be rendered in such action or administrative
proceeding; or
(2) procure a certificate of authority to transact the business of
insurance in this state.
In considering the application of an insurer for a certificate of authority,
for the purposes of this section the commissioner need not assert the
provisions of IC 27-1-20-12 against such insurer with respect to its
application if he determines that such company would otherwise
comply with the requirements for such certificate of authority.
(b) The commissioner of insurance, in any administrative
proceeding in which service is made as provided in section 4 of this
chapter, may in his discretion order such postponement as may be
necessary to afford the defendant reasonable opportunity to comply
with the provisions of subsection (a) and to defend such action.
(c) Nothing in subsection (a) shall be construed to prevent an
unauthorized insurer from filing a motion to quash a writ or to set aside
service thereof made in the manner provided in section 4 of this
chapter on the ground that such unauthorized insurer has not done any
of the acts enumerated in section 2 of this chapter.
Formerly: Acts 1969, c.194, s.5. As amended by P.L.252-1985,
SEC.168.

Indiana § 27-4-5-5 (Prerequisites to pleading; deposit to secure payment of judgment; procuring certificate of authority; motion to quash) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.