Indiana Code
Chapter 13. Casualty, Fire, and Marine Insurance Company Powers and Policy Requirements
27-1-13-6. Limitation on Risks; Effect of Reinsurance

Sec. 6. (a) No company organized to make any kind or kinds of insurance included in class II and class III of IC 27-1-5-1 may take, on any one (1) risk of whatever nature, a sum exceeding one-tenth (1/10) part of its paid-up capital, surplus, and contingent reserves, if any, if a stock company, or one-tenth (1/10) part of its surplus and contingent reserves, if any, if other than a stock company. No portion of any such risk or hazard which shall have been reinsured in accordance with any regulations that the commissioner may enact pursuant to this section shall be included in determining the limitation of risk prescribed in this section. This section shall not apply to marine insurances, companies organized to make life insurance, or companies organized to issue title insurance.
(b) No stock or mutual insurance company transacting fidelity or surety business in this state shall expose itself to any loss on any one (1) fidelity or surety risk or hazard in an amount exceeding ten percent (10%) of its capital, surplus and contingent reserves, if any, unless it shall be protected in excess of that amount by: (a) Reinsurance in a company authorized to transact the fidelity or surety business in this state, provided that such reinsurance is in such form as to enable the obligee or beneficiary to maintain an action thereon against the company reinsured jointly with such reinsurer and, upon recovering judgment against such reinsured, to have recovery against such reinsurer for payment to the extent in which it may be liable under such reinsurance and in discharge thereof; or (b) the cosuretyship of such a company similarly authorized; or (c) deposit with it in pledge or conveyance to it in trust for its protection of property; or (d) conveyance or mortgage for its protection; or (e) in case a suretyship obligation was made on behalf or on account of a fiduciary holding property in a trust capacity, deposit or other disposition of a portion of the property so held in trust that no future sale, mortgage, pledge or other disposition can be made thereof without the consent of such company; except by decree or order of a court of competent jurisdiction. However (1) such a company may execute what are known as transportation or warehousing bonds for United States internal revenue taxes to an amount equal to fifty percent (50%) of its capital, surplus and contingent reserves, if any; (2) when the penalty of the suretyship obligation exceeds the amount of a judgment described therein as appealed from and thereby secured, or exceeds the amount of the subject-matter in controversy or of the estate in the hands of the fiduciary for the performance of whose duties it is conditioned, the bond may be executed if the actual amount of the judgment or the subject-matter in controversy or estate not subject to supervision or control of the surety is not in excess of such limitation; and (3) when the penalty of the suretyship obligation executed for the performance of a contract exceeds the contract price, the latter shall be taken as the basis for estimating the limit of risk within the meaning of this section. No such company may, anything to the contrary in this section notwithstanding, execute suretyship obligations guaranteeing the deposits of any single financial institution in an aggregate amount in excess of ten percent (10%) of the capital, surplus and contingent reserves, if any, of such corporate surety, unless it is protected in excess of that amount by credits in accordance with subdivisions (a), (b), (c) or (d) of this subsection.
Formerly: Acts 1935, c.162, s.175. As amended by Acts 1982, P.L.162, SEC.1; P.L.260-1983, SEC.4.

Structure Indiana Code

Indiana Code

Title 27. Insurance

Article 1. Department of Insurance

Chapter 13. Casualty, Fire, and Marine Insurance Company Powers and Policy Requirements

27-1-13-0.1. Application of Certain Amendments to Chapter

27-1-13-1. Particular Rights, Privileges, and Powers of Casualty, Fire, or Marine Insurers; Exceptions

27-1-13-2. Repealed

27-1-13-3. Investment of Capital and Funds Above Capital; Real Estate Interests

27-1-13-3.5. Intangible Assets Attributable to Investment in Subsidiary; Amount as Percentage of Capital and Surplus

27-1-13-4. Valuation of Bonds and Securities

27-1-13-5. Insured Loans and Investments

27-1-13-6. Limitation on Risks; Effect of Reinsurance

27-1-13-7. Policy Requirements

27-1-13-7.5. Newly Acquired Motor Vehicle; Required Coverage

27-1-13-8. Estimating Condition; Classification of Items as Assets or Liabilities; Reserves

27-1-13-8.5. Rules to Prescribe Minimum Standards for Establishment of Reserves

27-1-13-9. Trading or Dealing in Commodities, Goods, Wares, and Merchandise

27-1-13-10. Insurance Rating Bureaus; Organizational Regulations

27-1-13-11. Insurance Rating Bureaus; Meetings; Appearance by Aggrieved Persons

27-1-13-12. Insurance Rating Bureau; Division of Representation

27-1-13-13. Repealed

27-1-13-14. Casualty and Liability Insurance; Qualified Public Transportation Agency; Group Coverage for Functions

27-1-13-15. Property and Casualty Insurance Blanket Policies for Planned Unit Development Owners Association or Corporation

27-1-13-16. Notice of Residential Policy Changes

27-1-13-17. Residential Policy Restrictions