Sec. 20. (a) The commission shall adopt rules under IC 4-22-2 to implement this chapter.
(b) The commission, in accordance with the rules adopted under subsection (a), may, in whole or in part, conform or limit the coverage provided to a member of the fund under this chapter (as described in the coverage document issued to the member by the commission) with the provisions of insurance policies providing underlying coverage to the fund member.
(c) In accordance with the rules adopted under subsection (a), the commission may provide, to a member of the fund that is not a member of the political subdivision risk management fund under IC 27-1-29, coverage of a liability that exceeds the amount of one million dollars ($1,000,000) but that is subject to reduction by exhaustion of the aggregate limits of liability in the fund member's underlying coverage.
(d) In accordance with the rules adopted under subsection (a), the commission may provide, to a member of the fund that is also a member of the political subdivision risk management fund under IC 27-1-29, coverage of liabilities for which no coverage is provided under IC 27-1-29.
(e) Except as otherwise specifically provided in this chapter, the commission has the same powers in the administration of the fund as it has in the administration of the political subdivision risk management fund under IC 27-1-29-7(b). A rule adopted by the commission to establish the procedure by which a political subdivision can withdraw from membership in the fund may not provide that a political subdivision continues to be a member of the fund more than twelve (12) months after the political subdivision gives notice to the commissioner of its intention to relinquish its membership.
As added by P.L.272-1987, SEC.7.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 29.1. Political Subdivision Catastrophic Liability Fund
27-1-29.1-1. "Commission" Defined
27-1-29.1-3. "Liability" Defined
27-1-29.1-5. "Political Subdivision" Defined
27-1-29.1-6. "Underlying Coverage" Defined
27-1-29.1-7. Establishment of Fund; Purpose; Administration; Expenses; Depositories; Investment
27-1-29.1-8. Reserve Account; Issuance of Bonds to Establish Account; Use of Funds
27-1-29.1-9. Membership Eligibility; Rights and Duties
27-1-29.1-10. Liabilities Qualifying for Partial Payment From Fund; Notice of Claim
27-1-29.1-11. Preexisting Liabilities Qualifying for Partial Payment
27-1-29.1-13. Liability Partial Payment Determination; Formula
27-1-29.1-14. Excess Coverage Provided
27-1-29.1-15. Single or Installment Payments; Limits
27-1-29.1-16. Defense of Claims; Expenses
27-1-29.1-17. Biannual Recognition of Liabilities; Payment; Proration in Event of Insufficient Funds
27-1-29.1-19. Notice of Intent to Become Member of Fund
27-1-29.1-21. Relinquishment of Membership in Fund; Prerelinquishment Liabilities; Assessments