Indiana Code
Chapter 2. Farm Mutual Insurance Companies
27-5.1-2-18. Unsafe Business Practice; Insufficient Assets; Commissioner Notice; Remedies; Court Proceedings; Injunction; Liquidation

Sec. 18. (a) If the commissioner determines from:
(1) a statement filed by a farm mutual insurance company;
(2) an examination under section 17 of this chapter; or
(3) other information obtained by the commissioner;
that a farm mutual insurance company is conducting business in an unsafe manner or that a farm mutual insurance company's assets are insufficient to justify continuing the business, the commissioner shall send written notice of the commissioner's concerns regarding the farm mutual insurance company to the officers and directors of the farm mutual insurance company.
(b) Not more than thirty (30) days after receiving a notice under subsection (a), the farm mutual insurance company's officers and directors shall:
(1) remedy; or
(2) establish a plan to remedy;
the commissioner's concerns.
(c) If:
(1) a farm mutual insurance company does not remedy or establish a plan to remedy the commissioner's concerns under subsection (b); or
(2) the commissioner determines that the continuation of a farm mutual insurance company is not in the best interests of the farm mutual insurance company's policyholders;
the commissioner shall institute proceedings in the Marion County circuit court to enjoin the farm mutual insurance company from conducting any further business transactions.
(d) If the commissioner seeks a permanent injunction against a farm mutual insurance company under subsection (c), the commissioner shall also institute proceedings to settle and wind up the affairs of the farm mutual insurance company and liquidate and dissolve the farm mutual insurance company, as provided in IC 27-9.
As added by P.L.129-2003, SEC.8.

Structure Indiana Code

Indiana Code

Title 27. Insurance

Article 5.1. Farm Mutual Insurance Companies

Chapter 2. Farm Mutual Insurance Companies

27-5.1-2-0.1. Application of Certain Amendments to Chapter

27-5.1-2-1. Applicability

27-5.1-2-2. Farm Mutual Insurance Companies Existing on June 30, 2003

27-5.1-2-3. Proposed Farm Mutual Insurance Companies; Application for Certificate of Authority

27-5.1-2-4. Proposed Farm Mutual Insurance Company Requirements for Certificate of Authority

27-5.1-2-5. Powers and Duties

27-5.1-2-6. Exclusion of Companies

27-5.1-2-7. Exemption From Indiana Insurance Laws

27-5.1-2-8. Application of Indiana Insurance Laws

27-5.1-2-9. Location of Insurance Business

27-5.1-2-10. Annual Policyholder Meeting

27-5.1-2-11. Board of Directors

27-5.1-2-12. Election of Director; Term of Office; Election of Officers; Annual Board Meeting

27-5.1-2-13. Articles of Incorporation; Amendment

27-5.1-2-14. Bylaws; Amendment

27-5.1-2-15. Commissioner Filing Fee

27-5.1-2-16. Form and Rate Filing File and Use; Commissioner Disapproval; Judicial Review

27-5.1-2-17. Commissioner Examination

27-5.1-2-18. Unsafe Business Practice; Insufficient Assets; Commissioner Notice; Remedies; Court Proceedings; Injunction; Liquidation

27-5.1-2-19. Application for Coverage; Policyholder Status

27-5.1-2-20. Insurance Producers

27-5.1-2-21. Merger; Plan; Policyholder Notice

27-5.1-2-22. Merger Files; Commissioner Review; Notice and Hearing; Approval; Modification; Experts; Costs

27-5.1-2-23. Merger Plan Performance; Surviving Company

27-5.1-2-24. Certificate of Merger

27-5.1-2-25. Notice of Contract to Manage or Control; Commissioner Determination; Managing General Agent

27-5.1-2-26. Violations of Law; Commissioner Orders

27-5.1-2-27. Judicial Review

27-5.1-2-28. Willful Violation; Penalties

27-5.1-2-29. Notice of Intent to Waive Term of Policy, Right, or Defense

27-5.1-2-30. Premium Plus Assessment Basis; Policyholder Liability

27-5.1-2-31. Assessment Collection; Verification of Loss

27-5.1-2-32. Policyholder Failure to Pay Assessment

27-5.1-2-33. Policyholder Liability After Policy Termination

27-5.1-2-34. Notice of Premium Plus Assessment Policy; Civil Actions; Limitation

27-5.1-2-35. Payment of Losses and Judgments; Insufficient Funds; Assessments

27-5.1-2-36. Borrowing Funds; Assessment

27-5.1-2-37. Policy Cancellation; Notice

27-5.1-2-38. Discontinuation of Company

27-5.1-2-39. Misconduct; Penalty

27-5.1-2-40. Investment Gain; Policyholder Surplus

27-5.1-2-41. Election to Be Subject to Indiana Insurance Law

27-5.1-2-42. Exemption From Regulation

27-5.1-2-43. Administrative Rules

27-5.1-2-44. Validity of Rate or Form Filed Under Prior Law