Sec. 6.2. (a) A member insurer that wishes to protest all or part of an assessment made under section 6 of this chapter shall pay when due the full amount of the assessment as set forth in the notice provided by the association. The payment is available to meet association obligations during the pendency of the protest or a subsequent appeal. Payment must be accompanied by a statement in writing that the payment is made under protest and set forth a brief statement of the grounds for the protest.
(b) Not more than sixty (60) days after the payment of an assessment under protest by a member insurer, the association shall notify the member insurer in writing of the association's determination with respect to the protest (unless the association notifies the member insurer that additional time is required to resolve the issues raised by the protest).
(c) Not more than sixty (60) days after receipt of notice of the association's determination with respect to a protest, the protesting member insurer may appeal the determination to the commissioner.
(d) Instead of making a determination with respect to a protest based on a question regarding the assessment base, the association may refer the protest to the commissioner for a determination, with or without a recommendation from the association.
(e) If a protest of an assessment is upheld, the amount paid by the protesting member insurer in error or excess must be returned to the member insurer. Interest on a refund due to a protesting member insurer must be paid at the rate actually earned by the association.
As added by P.L.193-2006, SEC.19.
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