§ 34-13-8-12 — Assignment of claims to state

Indiana § 34-13-8-12

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 13: CAUSES OF ACTION: CLAIMS AGAINST THE
• Ch. 8: Special Supplemental Relief

Text

(a) An eligible person may assign to the
attorney general the eligible person's right to pursue a cause of action
for the tortious breach of an insurer's duty to deal with an insured
person in good faith.
(b) If the insurance commissioner believes that a person has
engaged in any of the acts or practices listed in IC 27-4-1-4.5 in
relation to an occurrence, the insurance commissioner may issue and
cause to be served upon the person a statement of the charges and a
notice in writing of a hearing as provided in IC 27-4-1-5. If after a
hearing under IC 4-21.5-3, the insurance commissioner determines that
the person has engaged in any of the acts or practices listed in IC 27-4-1-4.5 in relation to an occurrence, the insurance commissioner
may at the insurance commissioner's discretion order one (1) or more
of the remedies provided in IC 27-4-1-6. Notwithstanding IC 27-4-1,
the insurance commissioner may take an action under this subsection
regarding the commission by a person of a single act or practice listed
in IC 27-4-1-4.5 in relation to an occurrence, without having to
demonstrate that the act or practice occurs with such frequency as to
indicate a general practice by the person.

Legislative History

As added by P.L.160-2012, SEC.62.