Indiana Code
Chapter 12. Life Insurance Company Powers and Policy Requirements
27-1-12-39. Direct Response Solicitations; Notice of Payment of Compensation

Sec. 39. (a) As used in this section, "direct response solicitation" means a solicitation through a sponsoring or endorsing entity through the mails, telephone, or other mass communications media.
(b) As used in this section, "sponsoring or endorsing entity" means an organization that has arranged for the offering of a program of insurance in a manner that communicates that:
(1) eligibility for participation in the program is dependent upon affiliation with the organization; or
(2) the organization encourages participation in the program.
(c) This section applies to any program of insurance that, if issued on a group basis, would not conform to one (1) of the descriptions in section 37 of this chapter.
(d) If compensation of any kind will or may be paid, under a program of insurance described in subsection (c), to:
(1) a policyholder or sponsoring or endorsing entity in the case of a group policy; or
(2) a sponsoring or endorsing entity in the case of individual, blanket, or franchise policies marketed by means of direct response solicitation;
the insurer shall cause to be distributed to prospective insureds under the program a written notice that compensation will or may be paid under the program as indicated in subdivision (1) or (2).
(e) The notice required under subsection (d) shall be given:
(1) whether the compensation that will or may be paid is direct or indirect; and
(2) whether the compensation is to be paid to or retained by:
(A) the policyholder or sponsoring or endorsing entity; or
(B) a third party, at the direction of the policyholder or sponsoring or endorsing entity, or any entity affiliated with the sponsoring or endorsing entity by way of ownership, contract, or employment.
(f) The notice required under subsection (d) shall be placed on or accompany any application or enrollment form provided prospective insureds.
As added by P.L.254-1985, SEC.3.

Structure Indiana Code

Indiana Code

Title 27. Insurance

Article 1. Department of Insurance

Chapter 12. Life Insurance Company Powers and Policy Requirements

27-1-12-0.1. Application of Certain Amendments to Chapter

27-1-12-1. Particular Rights, Privileges, and Powers

27-1-12-2. Investments; Categories, Conditions, Limitations, and Standards

27-1-12-2.1. Repealed

27-1-12-2.2. Derivative Transactions

27-1-12-2.4. Participation in Certain Investment Pools; Requirements for Pooling Agreements

27-1-12-2.5. Investments; Assets of Certain Segregated Investment Accounts; Limitations and Exceptions

27-1-12-3. Real Estate

27-1-12-3.5. Intangible Assets Attributable to Investment in Subsidiary; Exceptions

27-1-12-4. Valuation of Bonds and Securities

27-1-12-5. Required Provisions of Policies Between July 1, 1935, and Transition Date or January 1, 1948

27-1-12-6. Required Provisions of Policies After Transition Date or January 1, 1948

27-1-12-7. Required Provisions Relating to Defaulting or Surrendering Policyholder

27-1-12-8. Prohibited Provisions

27-1-12-9. Repealed

27-1-12-10. Repealed

27-1-12-10.1. Repealed

27-1-12-10.5. Rules for Minimum Standards for Establishment of Reserves

27-1-12-11. Deposit of Assets to Cover Reserve Valuation and Liabilities; Additional Deposits; Foreign Deposits; Continuation of Deposits Under Superseded Laws

27-1-12-12. Transition Period; Selection of Date; Effect

27-1-12-13. Filing Form of Policy With Department; Objections; Effect on Right to Issue

27-1-12-14. Designation of Beneficiary; Change of Beneficiary; Eligible Beneficiaries; Exemption of Policy Proceeds From Claims of Creditors

27-1-12-15. Competency of Certain Minors to Contract for Insurance and Receive Payments

27-1-12-16. Proceeds of Life Insurance; Definition; Payment to Trustees

27-1-12-17. Authority of Corporation to Insure Life of Director, Officers, Agent, or Employee; Consent to Change of Beneficiary

27-1-12-17.1. Acquisition of Insurable Interest in and Policy on Life of Employee

27-1-12-18. Contract to Extend Time for Premium Payments

27-1-12-19. Ascertainment of Indebtedness Due Upon Policy or Premium Loans; Interest

27-1-12-20. Premium Deposits; Maximum; Inclusion in Cash Surrender Value; Disposition; Withdrawal

27-1-12-21. Power to Hold Proceeds Under Trust or Other Agreement With Policyholder

27-1-12-22. Impairment of Assets or Capital; Notice of Time for Restoration; Suspension of Right to Issue New Policies

27-1-12-23. Procedure for Converting Domestic Stock Life Insurance Company Into Mutual Life Insurance Company

27-1-12-24. Offering Stock or Certificates as Inducement for Purchase of Insurance or Annuity; Revocation of Authority

27-1-12-25. Misrepresentation of Policy Terms or Benefits; Inducing Policyholder to Lapse, Forfeit, or Surrender Insurance

27-1-12-26. Fraudulent Representations; Offense

27-1-12-27. Repealed

27-1-12-28. Repealed

27-1-12-29. Group Life Insurance; Exemption of Proceeds From Legal Process

27-1-12-30. Group Life Insurance; Assignment of Incidents of Ownership

27-1-12-31. Authority to Issue Life or Endowment Insurance Upon Group Plan; Special Premium Rates; Valuation of Policies; Segregation

27-1-12-32. Financial Qualifications of Companies Issuing Certain Contracts

27-1-12-33. Variable Life Insurance Policies; Contents; Regulation

27-1-12-34. Repealed

27-1-12-34.1. Wholesale, Franchise, and Employee Term Life Insurance; Issuance or Delivery; Requirements

27-1-12-35. Life Insurance Proceeds; Payment; Time Limit; Liability for Interest

27-1-12-36. Repealed

27-1-12-37. Group Life Insurance; Eligible Policyholders; Regulations

27-1-12-38. Group Life Insurance; Requirements for Issuance of Policy to Certain Groups

27-1-12-39. Direct Response Solicitations; Notice of Payment of Compensation

27-1-12-40. Group Life Insurance; Premiums; Spouse or Dependent Child Coverage

27-1-12-41. Group Life Insurance; Required Provisions

27-1-12-42. Group Life Insurance; Conversion Rights; Notice; Time to Exercise Rights

27-1-12-43. Life Insurance Provision Allowing for Right to Return Policy

27-1-12-44. Stranger Originated Life Insurance Allegation; Lack of Insurable Interest

27-1-12-45. Execution of Post Form Does Not Affect Life Insurance; Prohibition on Consideration of Post Form in Determining Life Insurance Premiums

27-1-12-46. Policy or Certificate Designated for Purchase of Funeral Services or Merchandise; Representations by Issuer; Required Disclosures; Violations