Sec. 11. (a) Subject to subsections (b) through (d), if an order for liquidation or rehabilitation of a member insurer domiciled in Indiana has been entered, the receiver appointed under the order shall have a right to recover on behalf of the member insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by the member insurer on its capital stock, made at any time during the five (5) years preceding the filing of the petition for liquidation or rehabilitation.
(b) A distribution described in subsection (a) is not recoverable if the member insurer shows that when the distribution was paid the distribution was lawful and reasonable, and that the member insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the member insurer to fulfill the member insurer's policy and contract obligations.
(c) A person who was an affiliate that controlled the member insurer at the time a distribution described in subsection (a) was paid is liable up to the amount of distributions the person received. A person who was an affiliate that controlled the member insurer at the time the distributions were declared shall be liable up to the amount of distributions that would have been received if the distributions had been paid immediately. If two (2) or more persons are liable with respect to the same distributions, they are jointly and severally liable.
(d) The maximum amount recoverable under this section shall be the amount needed in excess of all other available assets of the insolvent insurer to pay the policy and contract obligations of the insolvent insurer.
(e) If a person liable under subsection (c) is insolvent, the affiliates that controlled the person at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate.
As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.193-2006, SEC.25; P.L.208-2018, SEC.23.
Structure Indiana Code
Article 8. Life, Accident, and Health
Chapter 8. Indiana Life and Health Insurance Guaranty Association Law
27-8-8-0.3. Coverage Obligations Affected by Statutory Amendments; Governing Law
27-8-8-2.1. Policy, Contract, Rider Descriptions; Plan Sponsor; Residency
27-8-8-2.3. Coverage Provided; Exclusions; Limitations
27-8-8-3. Creation of Association; Membership; Accounts; Supervision
27-8-8-5. Impaired Insurers; Insolvent Insurers; Liens; Association Powers and Duties
27-8-8-5.4. Association Obligations to Person Entitled to Coverage
27-8-8-5.5. Venue; Appeal Bond
27-8-8-6.2. Member Protesting Assessment
27-8-8-6.5. Association Requests for Information
27-8-8-7. Association Plan of Operation
27-8-8-8. Powers and Duties of Commissioner; Appeals to Commissioner; Notice of Effect of Chapter
27-8-8-11. Distributions to Affiliates; Recovery
27-8-8-12. Examination and Regulation of Association; Financial Report
27-8-8-13. Association Tax and Fee Exemption
27-8-8-14. Liability for Performance Under Chapter
27-8-8-15. Insolvent Insurer Proceedings; Stay; Setting Aside Judgment
27-8-8-16. Recoupment of Assessments
27-8-8-16.2. Premium Surcharge or Assignment in Lieu of Credit
27-8-8-17. Refunds From Association
27-8-8-18. Advertising Referring to Association; Association Summary Document