Sec. 10. (a) After the effective date of a plan of reorganization, the officers and directors of the MIHC:
(1) owe the same fiduciary responsibilities to members of the MIHC as the officers and directors of the former MIC owed to members of the former MIC; and
(2) are subject to potential liability to members of the MIHC to the same extent as the officers and directors of the former MIC were to members of the former MIC before the effective date of the plan of reorganization.
(b) An action may be brought to recover for the violation of fiduciary responsibilities under this article under IC 34-11-2-4, or, in the case of fraud, under IC 34-11-2-7.
As added by P.L.5-2000, SEC.4.
Structure Indiana Code
Article 14. Mutual Insurance Holding Company Law
Chapter 3. Mutual Insurance Holding Companies
27-14-3-1. Requirement to Comply With Ic 27-14-2
27-14-3-2. Contents of Articles of Incorporation
27-14-3-3. Rights and Obligations of Members
27-14-3-4. Direct Payments to Members
27-14-3-6. Rights and Obligations of an Mihc
27-14-3-7. Annual Statement; Certifications
27-14-3-8. Material Transactions
27-14-3-9. Interest of Member Not Considered a Security
27-14-3-10. Fiduciary Responsibilities and Liability of Officers and Directors
27-14-3-11. Dividends and Distributions
27-14-3-12. Compensation of Directors and Executive Officers
27-14-3-13. Investment and Operations in Businesses Outside Insurance Business