Sec. 19. (a) Whenever the commissioner determines that any insurance company to which this article is applicable:
(1) is conducting its business contrary to law or in an unsafe or unauthorized manner;
(2) has had its capital or surplus fund impaired or reduced below the amount required by law; or
(3) has failed, neglected, or refused to observe and comply with any order or rule of the department or commissioner;
then the commissioner may, by an order in writing addressed to the board of directors, board of trustees, attorney in fact, partners, or owners of or in any such insurance company, to direct the discontinuance of any such illegal, unauthorized, or unsafe practice, the restoration of an impairment to the capital or the surplus fund, or the compliance with any such law, order, or rule of the department or commissioner. The order shall be mailed to the last known principal office of the insurance company by certified or registered mail or delivered to an officer of the company and shall be considered to be received by the insurance company three (3) days after mailing or on the date of delivery.
(b) If the insurance company fails, neglects, or refuses to comply with the terms of that order within thirty (30) days after its receipt by the insurance company, or within a shorter period set out in the order if the commissioner determines that an emergency exists, the commissioner may, in addition to any other remedy conferred upon the department or the commissioner by law, bring an action against any such insurance company, its officers, and agents to compel that compliance.
(c) The action shall be brought by the commissioner in the Marion County circuit court. The action shall be commenced and prosecuted in accordance with the Indiana Rules of Trial Procedure, and relief for noncompliance of the order includes any remedy appropriate under the facts, including injunction, preliminary injunction, and temporary restraining order. In that action, a change of venue from the judge, but no change of venue from the county, is permitted.
Formerly: Acts 1935, c.162, s.26. As amended by P.L.252-1985, SEC.12; P.L.31-1988, SEC.10.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 3. General Powers and Duties of the Department
27-1-3-1. Exemption From Individual Liability
27-1-3-2. Conflicts of Interest
27-1-3-4. Business Practices of Insurance Companies
27-1-3-7. Rules and Regulations
27-1-3-10. Power to Revoke or Suspend Certificate of Authority
27-1-3-10.5. Disclosure of Information
27-1-3-11. Confidential Information
27-1-3-12. Acceptance of Examination Made by Another State
27-1-3-13. Blanks for Annual Statement; Separate Exhibit
27-1-3-14. Notice of Insolvency, Failure, or Suspension of Operations; Failure to Give Notice
27-1-3-15. Filing Fees; Collection
27-1-3-16. Disposition of Taxes and Fees Accrued
27-1-3-18. Solicitation for Political Assessments or Contributions; Violations
27-1-3-19. Order to Correct Improper Practices or Remedy Deficiencies; Actions to Compel Compliance
27-1-3-21. Execution of Instruments or Documents
27-1-3-22. Fraudulent Insurance Act; Definition; Liability
27-1-3-23. Civil Actions; Substantial Justification
27-1-3-24. Declaration of Dividend Other Than From Earned Surplus; Approval
27-1-3-25. Review of Ordinary Shareholder Dividends to Determine Reasonableness
27-1-3-26. Order to Limit Ordinary Shareholder Dividends
27-1-3-27. Order to Limit or Disallow Payment of Ordinary Shareholder Dividends
27-1-3-28. Department of Insurance Fund; Establishment; Deposits
27-1-3-29. Enforceability of Policies Exceeding Authority of Insurer or Violating Statute or Rule
27-1-3-32. Posting of Life Insurance and Other Financial Information
27-1-3-33. Publication of Grievance Related Information on Internet