Indiana Code
Chapter 22. Regulation of Insurance Rates
27-1-22-6. Bad Faith Filing; Burden of Proof; Order to Rewrite Policies at Approved Rate

Sec. 6. (a) A "bad-faith filing", as used in this chapter, means a rate filing made by any filer who, in bad faith, files a rate which it knows, or should know, is grossly inadequate for the insurance coverage provided, and which is filed and used for the purpose of unfairly obtaining a particular risk or limited group of risks, and which is available only to such risk or limited group of risks.
(b) At any hearing conducted under this section, the burden shall be on the filer to prove that such filing is not in violation of this section. If, after such hearing, the commissioner finds that the filer has failed to prove that such filing is not in violation of this section, based on the evidence adduced at the hearing and made a part of the record, he may order all policies written under such bad-faith filing to be rewritten at an approved rate from the date of the inception of such policies of insurance, or all such policies shall be cancelled pro rata in accordance with the policy provisions.
(c) Nothing in this section shall be deemed to supersede the provisions set forth in section 24 of this chapter.
Formerly: Acts 1967, c.133, s.6. As amended by P.L.252-1985, SEC.109.

Structure Indiana Code

Indiana Code

Title 27. Insurance

Article 1. Department of Insurance

Chapter 22. Regulation of Insurance Rates

27-1-22-1. Purpose

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

27-1-22-3.1. Senior Citizens Participating in Motor Vehicle Accident Prevention Courses; Reduced Premiums

27-1-22-4. Rate Filings; Exemptions; Procedure and Requirements; Rules; Confidentiality; Inspection; Notice of Changes

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

27-1-22-7. Rate Adjustment Filing or Deviation; Effectiveness Unless Disapproved; Hearing; Approval or Disapproval

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

27-1-22-14. Regulation of Organization of Insurers Engaging in Joint Underwriting or Joint Reinsurance; Unfair or Unreasonable Practices

27-1-22-15. Examination of Licensed Rating Organization; Report of Examination in Another State; Cost of Examination

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

27-1-22-18. Deviation From Authorized Premium Charge; Discounts and Rebates as Inducement to Insure; Commissions for Insurance Producers

27-1-22-19. Freedom of Contract With Reference to Commissions

27-1-22-20. High Risk Auto Insurance; Apportionment Agreements; Rate Modifications

27-1-22-21. Repealed

27-1-22-22. Appointment and Removal of Additional Personnel; Powers of Deputy Conducting Hearings; Exemption From Personal Liability

27-1-22-23. Exemption of Rates and Classifications From Law Governing Rules and Regulations

27-1-22-24. Suspension or Revocation of Licenses

27-1-22-25. Motor Vehicle Insurance; Rating Plan Establishing Higher Rates for Bankruptcy Petitioners; Violations

27-1-22-26. Motor Vehicle Insurance; Rating Plan Establishing Higher Rates for Persons in Armed Forces; Violations

27-1-22-26.1. Motor Vehicle Insurance; Rating Plan for Active and Reserve Members of Armed Forces; Violation

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