Sec. 22. (a) As used in this section, "fraudulent insurance act" means:
(1) the preparation or presentation of a written statement as part of, or in support of:
(A) a fraudulent application for the issuance or rating of a policy of commercial insurance; or
(B) a fraudulent claim under a policy of commercial or personal insurance; or
(2) the concealment, for the purpose of misleading, of information concerning any fact material to an application or claim described in subdivision (1).
(b) As used in this section, "fraudulent insurance act" includes the act or omission of a person who, knowingly and with intent to defraud, does any of the following:
(1) Presents, causes to be presented, or prepares with knowledge or belief that it will be presented, to or by an insurer, a reinsurer, a purported insurer or reinsurer, a broker, or an agent of an insurer, reinsurer, purported insurer or reinsurer, or broker, an oral or written statement that the person knows to contain materially false information as part of, in support of, or concerning any fact that is material to:
(A) an application for the issuance of an insurance policy;
(B) the rating of an insurance policy;
(C) a claim for payment or benefit under an insurance policy;
(D) premiums paid on an insurance policy;
(E) payments made in accordance with the terms of an insurance policy;
(F) an application for a certificate of authority;
(G) the financial condition of an insurer, a reinsurer, or a purported insurer or reinsurer; or
(H) the acquisition of an insurer or a reinsurer;
or conceals any information concerning a subject set forth in clauses (A) through (H).
(2) Solicits or accepts new or renewal insurance risks by or for an insolvent insurer, reinsurer, or other entity regulated under this title.
(3) Removes or attempts to remove:
(A) the assets;
(B) the record of assets, transactions, and affairs; or
(C) a material part of the assets or the record of assets, transactions, and affairs;
of an insurer, a reinsurer, or another entity regulated under this title, from the home office, other place of business, or place of safekeeping of the insurer, reinsurer, or other regulated entity, or conceals or attempts to conceal from the department assets or records referred to in clauses (A) through (C).
(4) Diverts, attempts to divert, or conspires to divert funds of an insurer, a reinsurer, another entity regulated under the Indiana Code, or other persons, in connection with any of the following:
(A) The transaction of insurance or reinsurance.
(B) The conduct of business activities by an insurer, a reinsurer, or another entity regulated under this title.
(C) The formation, acquisition, or dissolution of an insurer, a reinsurer, or another entity regulated under this title.
(c) A person who acts without malice, fraudulent intent, or bad faith is not subject to civil liability for filing a report or furnishing, orally or in writing, other information concerning a suspected, anticipated, or completed fraudulent insurance act if the report or other information is provided to or received from any of the following:
(1) The department or an agent, an employee, or a designee of the department.
(2) Law enforcement officials or an agent or employee of a law enforcement official.
(3) The National Association of Insurance Commissioners.
(4) Any agency or bureau of federal or state government established to detect and prevent fraudulent insurance acts.
(5) Any other organization established to detect and prevent fraudulent insurance acts.
(6) An agent, an employee, or a designee of an entity referred to in subdivisions (3) through (5).
(d) This section does not abrogate or modify in any way any common law or statutory privilege or immunity.
As added by P.L.159-1986, SEC.2. Amended by P.L.121-1992, SEC.1.
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