§ 27-4-5-6 — Enforcement of orders in domestic or foreign courts; definitions; list of reciprocal states; enforcement of foreign decrees; stay; fees

Indiana § 27-4-5-6

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

Text

(a) The attorney general upon request of the
commissioner may proceed in the courts of this state or any reciprocal
state to enforce an order or decision in any court proceeding or in any
administrative proceeding before the commissioner of insurance.
(b) The following definitions apply throughout this section:
(1) "Reciprocal state" means any state or territory of the United
States the laws of which contain procedures substantially similar
to those specified in this section for the enforcement of decrees or
orders in equity issued by courts located in other states or
territories of the United States, against any insurer incorporated
or authorized to do business in said state or territory.
(2) "Foreign decree" means any decree or order in equity of a
court located in a reciprocal state, including a court of the United
States located in a reciprocal state, against any insurer
incorporated or authorized to do business in this state.
(3) "Qualified party" means a state regulatory agency acting in its
capacity to enforce the insurance laws of its state.
(c) The insurance commissioner of this state shall determine which
states and territories qualify as reciprocal states and shall maintain at
all times an up-to-date list of such states.
(d) A copy of any foreign decree authenticated in accordance with
the statutes of this state may be filed in the office of the clerk of any
circuit or superior court of this state. The clerk, upon verifying with the
insurance commissioner that the decree or order qualifies as a "foreign
decree", shall treat the foreign decree in the same manner as a decree
of a circuit or superior court of this state. A foreign decree so filed has
the same effect and shall be deemed as a decree of a circuit or superior
court of this state, and is subject to the same procedures, defenses and
proceedings for reopening, vacating, or staying as a decree of a circuit
or superior court of this state and may be enforced or satisfied in like
manner.
(e) At the time of the filing of the foreign decree, the attorney
general shall make and file with the clerk of the court an affidavit
setting forth the name and last known post office address of the
defendant.
(f) Promptly upon the filing of the foreign decree and the affidavit,
the clerk shall mail notice of the filing of the foreign decree to the
defendant at the address given and to the insurance commissioner of
this state and shall make a note of the mailing in the docket. In
addition, the attorney general may mail a notice of the filing of the
foreign decree to the defendant and to the insurance commissioner of
this state and may file proof of mailing with the clerk. Lack of mailing
notice of filing by the clerk shall not affect the enforcement
proceedings if proof of mailing by the attorney general has been filed.
(g) No execution or other process for enforcement of a foreign
decree filed under this section shall issue until thirty (30) days after the
date the decree is filed.
(h) If the defendant shows the circuit or superior court that an
appeal from the foreign decree is pending or will be taken, or that a
stay of execution has been granted, the court shall stay enforcement of
the foreign decree until the appeal is concluded, the time for appeal
expires, or the stay of execution expires or is vacated, upon proof that
the defendant has furnished the security for the satisfaction of the
decree required by the state in which it was rendered.
(i) If the defendant shows the circuit or superior court any ground
upon which enforcement of a decree of any circuit or superior court of
this state would be stayed, the court shall stay enforcement of the
foreign decree for an appropriate period, upon requiring the same
security for satisfaction of the decree which is required in this state.
(j) Any person filing a foreign decree shall pay to the clerk of court
six dollars ($6). Fees for docketing, transcription, or other enforcement
proceedings shall be as provided for decrees of the circuit or superior
court.
Formerly: Acts 1969, c.194, s.6. As amended by P.L.1-1993,
SEC.201; P.L.136-2018, SEC.177.