Indiana § 27-7-6-11 Dispute as to truth of reason for cancellation; hearing; findings; effect;
fee

Indiana Statutes

§ 27-7-6-11 — Dispute as to truth of reason for cancellation; hearing; findings; effect; fee

Indiana·Title 27 INSURANCE·Art. 7 SPECIAL TYPES OF INSURANCE·Ch. 6 Cancellation of Automobile Insurance Policies

(a)In the event the truth of the reason or reasons for cancellation is disputed by the named insured, the insured may, not later than ten (10) days prior to the effective date of such cancellation, apply in writing to the commissioner of insurance for a hearing. Such application shall state wherein such reason or reasons are false and a copy of such application shall be mailed or delivered to the insurer on the same date it is submitted to the commissioner.

(b)If the commissioner finds that the application was made in good faith and does in fact present a dispute as to the truth or existence of valid grounds for cancellation, the commissioner shall, within a reasonable time after receipt of such application and upon ten (10) days notice to the named insured and the insurer, hold a hearin

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(a) In the event the truth of the reason or
reasons for cancellation is disputed by the named insured, the insured
may, not later than ten (10) days prior to the effective date of such
cancellation, apply in writing to the commissioner of insurance for a
hearing. Such application shall state wherein such reason or reasons are
false and a copy of such application shall be mailed or delivered to the
insurer on the same date it is submitted to the commissioner.
(b) If the commissioner finds that the application was made in good
faith and does in fact present a dispute as to the truth or existence of
valid grounds for cancellation, the commissioner shall, within a
reasonable time after receipt of such application and upon ten (10) days
notice to the named insured and the insurer, hold a hearing on the
matter. The findings of the commissioner shall be final and shall be
issued in writing to the parties within five (5) days after the hearing.
(c) In the event of a finding that no reason for cancellation in fact
exists, the cancellation shall be of no effect and the notice shall be
rescinded.
(d) In the event of a finding that one (1) or more reasons for
cancellation do in fact exist, the cancellation shall be effective as of the
date stated in the cancellation notice.
(e) No investigation, defense, or other action undertaken by the
insurer during the period between the date of cancellation stated in the
notice and the date the commissioner issued findings shall be deemed
a waiver of any rights or defenses on the part of such insurer.
(f) Any application for a hearing shall be accompanied by a filing
fee of twenty dollars ($20) as a condition precedent to such hearing.
Such fee shall be returned to the named insured if the finding is in the
insured's favor, but otherwise shall be retained by the department of
insurance.
Formerly: Acts 1969, c.332, s.11. As amended by P.L.3-1989,
SEC.154.

Indiana § 27-7-6-11 (Dispute as to truth of reason for cancellation; hearing; findings; effect; fee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.