Sec. 11. (a) A domestic insurer required to file annual audited financial reports under this chapter shall require its independent auditor to report in writing to the board of directors or the board of director's audit committee, not more than five (5) business days after making a determination, the independent auditor's determination that:
(1) the domestic insurer has materially misstated to the commissioner the financial condition of the insurer as of the date of the balance sheet being examined by the independent auditor; or
(2) the domestic insurer does not meet the minimum capital and surplus requirements of Indiana as of the date of the balance sheet being examined by the independent auditor.
The domestic insurer who has received a report under this section shall forward a copy of the report to the commissioner within five (5) business days after receipt of the report and shall provide the independent accountant making the report with evidence of the report being furnished to the commissioner. An independent auditor who does not receive the evidence that the report was filed with the commissioner within the required five (5) business days shall furnish the commissioner a copy of the report within the next five (5) business days. An independent auditor may not be liable to any person for a statement made in connection with this subsection, if the statement is made in good faith compliance with this subsection.
(b) If the independent auditor of a domestic insurer, after the filing of the insurer's audited financial report under this chapter, becomes aware of facts that, if the independent auditor had been aware of the facts when writing its report, might have affected the independent auditor's report that was included in the insurer's audited financial report, the independent auditor shall take such action as is prescribed in the Professional Standards of the American Institute of Certified Public Accountants.
As added by P.L.244-1989, SEC.2. Amended by P.L.251-1995, SEC.10.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 3.5. Annual Audited Financial Reports
27-1-3.5-0.5. "Audit Committee"
27-1-3.5-2. "Domestic Insurer"
27-1-3.5-2.6. "Group of Insurers"
27-1-3.5-3. "Independent Auditor"
27-1-3.5-3.1. "Insurance Holding Company System"
27-1-3.5-3.2. "Internal Audit Function"
27-1-3.5-3.3. "Internal Control Over Financial Reporting"
27-1-3.5-3.6. "Section 404 Report"
27-1-3.5-3.7. "Sox Compliant Entity"
27-1-3.5-5. Application of Chapter; Exemptions
27-1-3.5-6. Annual Audit; Filing; Time; Extension
27-1-3.5-6.5. Filing Annual Audited Financial Reports by Domestic Insurer
27-1-3.5-7. Contents of Report
27-1-3.5-8. Independent Auditor
27-1-3.5-9. Qualifications of Independent Auditor
27-1-3.5-10. Consolidated Returns
27-1-3.5-11. Report From Independent Auditor of Financial Condition Irregularities; Subsequent Facts
27-1-3.5-12. Report of Unremediated Material Weaknesses in Internal Control Over Financial Reporting
27-1-3.5-12.1. Audit Committee; Members; Duties; Waiver
27-1-3.5-12.3. Internal Audit Function
27-1-3.5-12.5. Management's Report of Internal Control Over Financial Reporting
27-1-3.5-13. Independent Audit Work Papers and Communications; Review by Department Examiners
27-1-3.5-14. Exemption Application; Hearing
27-1-3.5-16. Penalty for Noncompliance
27-1-3.5-17. Effect of Chapter on Examinations Under Ic 27-1-3.1