Sec. 4.3. (a) This chapter applies to damage to or loss of a building or structure caused by fire or explosion only if all of the following are true:
(1) The municipality in which the building or structure is located is included on the list maintained by the department under section 4.4(b) of this chapter.
(2) The fire or explosion occurs on or after the effective date specified by the department for the municipality under section 4.4(b) of this chapter.
(3) The amount of the final settlement concerning the damage or loss exceeds seventy-five percent (75%) of available insurance proceeds.
(4) If the insurer, in good faith, withheld payment under an insurance policy due to:
(A) suspected arson;
(B) suspected fraud; or
(C) another question concerning coverage;
the reason for withholding payment has been resolved and final settlement concerning the damage or loss has occurred.
As added by P.L.238-2013, SEC.5.
Structure Indiana Code
Article 2. Powers and Duties of Insurers
Chapter 15. Available Insurance Proceeds Set Aside
27-2-15-1. "Available Insurance Proceeds" Defined
27-2-15-3. "Enforcement Authority" Defined
27-2-15-3.2. "Final Settlement"
27-2-15-4.3. Application of Chapter
27-2-15-4.4. Municipality Election Regarding Governance by Chapter
27-2-15-4.5. Notice to Enforcement Authority of Existence of Policy
27-2-15-5. Evidence of Repair Contract; Set Aside of Insurance Proceeds; Amount in Escrow
27-2-15-6. Claims Against Set Aside; Use of Funds
27-2-15-7. Immunity of Insurers