Sec. 22. (a) All individual policies of accident and sickness insurance issued for delivery in Indiana after June 30, 1990, must provide for the refund of unused premiums upon the death of the insured during the contract period.
(b) The amount of premium refund shall be prorated from the date following the date of death of the insured to the end of the contract period for which the premium has been paid.
(c) The refund required by this section shall be paid as follows:
(1) If a person other than the insured paid the premium, to that person. A person entitled to a refund under this subdivision must furnish proof of payment to the insurer.
(2) If the insured paid the premium, to the surviving spouse of the insured. If there is no surviving spouse, the premium shall be paid in the same manner as distributions of the net estate of a person who dies intestate under IC 29-1-2-1(d). A parent disqualified under IC 29-1-2-1(e) from receiving an intestate share of the parent's child's estate is not entitled to a refund under this section of insurance premiums paid by the child.
(d) A person entitled to receive a refund under this section must do the following:
(1) Submit a written request for the refund.
(2) Furnish proof of the insured's death.
(e) This section does not affect the rights of a dependent under a policy covered by this section to obtain a conversion policy upon the death of the insured.
As added by P.L.151-1990, SEC.1. Amended by P.L.101-2008, SEC.4.
Structure Indiana Code
Article 8. Life, Accident, and Health
Chapter 5. Accident and Sickness Insurance─policy Provisions
27-8-5-0.1. Application of Certain Amendments to Chapter
27-8-5-1. Policy of Accident and Sickness Insurance; Filing; Review; Conformity With Federal Act
27-8-5-1.5. Filing, Review, Approval, and Disapproval Process
27-8-5-2. Requirements for Issuance and Delivery of Policy
27-8-5-2.7. Individual Policy of Accident and Sickness Insurance; Waiver of Coverage
27-8-5-4. Effect of Other Policy Provisions or Policy Conflicting With Chapter
27-8-5-6. Defenses of Insurer; Acts Not Constituting Waiver
27-8-5-7. Acceptance of Premium for Period Beyond Termination Date; Effect; Misstatement of Age
27-8-5-9. Exemption of Certain Individual Policies
27-8-5-12. Supplementary Character of Chapter
27-8-5-14. Exception of Fraternal Benefit Associations
27-8-5-15.5. Inpatient Services for Treatment of Mental Illness or Substance Abuse
27-8-5-16. Policy of Group Accident and Sickness Insurance; Requirements
27-8-5-17. Exceptions; Discretionary Groups; Group Accident and Sickness Insurance
27-8-5-19. Contents; Group Accident and Sickness Insurance
27-8-5-20. Notice of Right to Return Policy
27-8-5-22. Refund of Unused Premiums
27-8-5-26. Post-Mastectomy Coverage
27-8-5-27. Dental Care Provisions Required
27-8-5-28. Coverage of Child to 26 Years of Age
27-8-5-29. Health Plans Offered Through Health Benefit Exchange