§ 27-9-1-3 — Jurisdiction of court and commissioner; actions by receivers; place of action

Indiana § 27-9-1-3

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 9: SUPERVISION; REHABILITATION
• Ch. 1: General Provisions

Text

(a) A delinquency proceeding under this chapter
may only be commenced by the commissioner. A court may not
entertain, hear, or determine a proceeding commenced by any other
person.
(b) A court may not entertain, hear, or determine any complaint
requesting:
(1) the dissolution, liquidation, rehabilitation, sequestration,
conservation, or receivership of any insurer; or
(2) an injunction, restraining order, or other relief preliminary to,
incidental to, or relating to those proceedings other than in
accordance with this article.
(c) In addition to other grounds for jurisdiction provided by the law,
an Indiana court having jurisdiction of the subject matter has
jurisdiction over a person served under the Indiana rules of court or
other applicable law in an action brought by the receiver of a domestic
insurer or an alien insurer domiciled in Indiana if the person served is:
(1) obligated to the insurer in any way as an incident to any
agency or brokerage arrangement that may exist or has existed
between the insurer and the insurance producer or broker, in any
action on or incident to the obligation;
(2) a reinsurer who:
(A) has at any time written a policy of reinsurance for an
insurer against which a rehabilitation or liquidation order is in
effect when the action is commenced; or
(B) is an insurance producer or broker of, or for, the reinsurer
in any action on or incident to the reinsurance contract; or
(3) or has been an officer, manager, trustee, organizer, promoter,
or person in a position of comparable authority or influence in an
insurer against which a rehabilitation or liquidation order is in
effect when the action is commenced in any action resulting from
such a relationship with the insurer.
(d) If it appears to a receiver appointed in a proceeding under this
article that there has been criminal or tortious conduct, breach of any
contractual or fiduciary obligation, or other unlawful conduct
detrimental to the insurer by any director, officer, manager, insurance
producer, broker, employee, or other person or entity, the receiver may
pursue all appropriate legal remedies on behalf of the insurer.
(e) If the court on motion of any party finds that any action should
as a matter of substantial justice be tried in a forum outside Indiana, the
court may enter an order to stay further proceedings on the action in
Indiana.
(f) All action authorized by this section must be brought in the
Marion County circuit court.
As added by Acts 1979, P.L.255, SEC.1. Amended by
P.L.167-1986, SEC.1; P.L.178-2003, SEC.73.