Sec. 13. (a) Every group, association, or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating organizations in ratemaking, by the collection and furnishing of loss or expense statistics, or by the submission of recommendations, but which does not make filings under this chapter, shall be known as an advisory organization.
(b) Every advisory organization shall file with the commissioner:
(1) a copy of its constitution, its articles of agreement or association, or its certificate of incorporation and of its bylaws, rules, and regulations governing its activities;
(2) a list of its members;
(3) the name and address of a resident of this state upon whom notices or orders of the commissioner or process issued at his direction may be served; and
(4) an agreement that the commissioner may examine such advisory organization in accordance with the provisions of section 15 of this chapter.
(c) If, after a hearing, the commissioner finds that the furnishing of such information or assistance involves any act or practice which is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, he may issue a written order specifying in what respect such act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter, and requiring the discontinuance of such act or practice.
(d) No insurer which makes its own filings nor any rating organization shall support its findings by statistics or adopt ratemaking recommendations furnished to it by an advisory organization which has not complied with this section or with an order of the commissioner involving such statistics or recommendations issued under subsection (c). If the commissioner finds such insurer or rating organization to be in violation of this subsection, he may issue an order requiring the discontinuance of the violation.
Formerly: Acts 1967, c.133, s.13. As amended by P.L.252-1985, SEC.116.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 22. Regulation of Insurance Rates
27-1-22-2. Application of Act; Exceptions; "Inland Marine Insurance"
27-1-22-2.5. "Commercial Policyholder" Defined
27-1-22-3. Guidelines for Establishing Rates; Uniformity; Fleet or Fleet Policy
27-1-22-5. Hearing on Question of Compliance With Filing Requirements; Finding and Order
27-1-22-6. Bad Faith Filing; Burden of Proof; Order to Rewrite Policies at Approved Rate
27-1-22-8. Rating Organizations; Definitions; License; Services to Subscribers; Rules; Cooperation
27-1-22-9. Deviation From Rates; Filing; Effective Date; Termination; Public Inspection
27-1-22-10. Insurers Acting in Concert
27-1-22-11. Appeal to Commissioner From Act or Decision of Rating Organization; Decision and Order
27-1-22-12. Procedure on Complaint by Insured
27-1-22-13. Advisory Organization; Filing and Regulation; Orders of Commissioner
27-1-22-16. Approval of Rules and Statistical Plans; Exchange of Information and Experience Data
27-1-22-17. Withholding Information; Giving False or Misleading Information
27-1-22-19. Freedom of Contract With Reference to Commissions
27-1-22-20. High Risk Auto Insurance; Apportionment Agreements; Rate Modifications
27-1-22-23. Exemption of Rates and Classifications From Law Governing Rules and Regulations
27-1-22-24. Suspension or Revocation of Licenses
27-1-22-27. Motor Vehicle Insurance; Rates for Innocent Prior-Uninsured Motorists
27-1-22-28. Title Insurance Filings; Title Insurance Rate Comparison Tool