Indiana Code
Chapter 8. Indiana Life and Health Insurance Guaranty Association Law
27-8-8-6.2. Member Protesting Assessment

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

Indiana Code

Title 27. Insurance

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

27-8-8-1. Repealed

27-8-8-1.5. Repealed

27-8-8-2. Definitions

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

27-8-8-4. Board of Directors

27-8-8-5. Impaired Insurers; Insolvent Insurers; Liens; Association Powers and Duties

27-8-8-5.2. Association Election to Succeed to Rights and Duties of Impaired or Insolvent Insurer; Reinsurance

27-8-8-5.4. Association Obligations to Person Entitled to Coverage

27-8-8-5.5. Venue; Appeal Bond

27-8-8-6. Assessments

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

27-8-8-9. Detection and Prevention of Insurer Insolvencies or Impairments; Actions of Board of Directors

27-8-8-10. Records of Board Meetings; Disclosure of Records; Association Status as Creditor; Application of Impaired or Insolvent Insurer's Assets

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