Indiana Code
Chapter 3. Formal Proceedings
27-9-3-41. Settlement of Claims; Report of Unresolved Claims; Action of Court on Report

Sec. 41. (a) The liquidator shall review all claims duly filed in the liquidation and shall make further investigation as the liquidator considers necessary. The liquidator may compound, compromise, or in any other manner negotiate the amount for which claims will be recommended to the Marion County circuit court except where the liquidator is required by law to accept claims as settled by any person or organization, including any guaranty association or foreign guaranty association. Unresolved disputes shall be determined under section 37 of this chapter. As soon as practicable, the liquidator shall present to the Marion County circuit court a report of the claims against the insurer with the liquidator's recommendations. The report must include the name and address of each claimant and the amount of the claim finally recommended, if any. If the insurer has issued annuities or life insurance policies, the liquidator shall report the persons to whom, according to the records of the insurer, amounts are owed as cash surrender values or other investment value and the amounts owed.
(b) The Marion County circuit court may approve, disapprove, or modify the report on claims by the liquidator. Reports that are not modified by the court within a period of sixty (60) days following submission by the liquidator shall be treated by the liquidator as allowed claims, subject to later modification or to rulings made by the court under section 37 of this chapter. A claim under a policy of insurance may not be allowed for an amount in excess of the applicable policy limits.
As added by Acts 1979, P.L.255, SEC.1. Amended by P.L.137-2021, SEC.8.

Structure Indiana Code

Indiana Code

Title 27. Insurance

Article 9. Supervision; Rehabilitation; Liquidation

Chapter 3. Formal Proceedings

27-9-3-0.1. Application of Certain Amendments to Chapter

27-9-3-1. Petition to Rehabilitate Insurer

27-9-3-2. Order to Rehabilitate Insurer

27-9-3-3. Rehabilitator; Personnel; Term; Compensation; Powers; Plan

27-9-3-4. Pending Actions; Protection of Insurer After Rehabilitation Order

27-9-3-5. Petition for Liquidation; Termination of Rehabilitation

27-9-3-6. Basis for Liquidation

27-9-3-7. Order to Liquidate; Content; Effect; Declaration of Insolvency; Accounting

27-9-3-8. Termination of Insurance Coverage

27-9-3-9. Dissolution of Corporate Existence; Authorized Acts of Liquidator

27-9-3-10. Notice of Liquidation by Liquidator

27-9-3-11. Notice of Liquidation by Insurance Producers to Policyholders

27-9-3-12. Actions After Liquidation Orders

27-9-3-13. Listing of Assets

27-9-3-14. Transfers Made or Obligations Incurred as Fraudulent

27-9-3-15. Transfers After Petition; Validity

27-9-3-16. Preferences

27-9-3-17. Transfers; Time Perfected

27-9-3-18. Liens

27-9-3-19. Transfers on Account of New and Contemporaneous Consideration

27-9-3-20. Liens Dissolved by Furnishing Bond; Effect of Voidable Lien

27-9-3-21. Discharge From Voidable Lien

27-9-3-22. Jurisdiction of Marion County Circuit Court Under This Chapter

27-9-3-23. Discharge of Surety Under Releasing Bond

27-9-3-24. Extension of Unsecured Credit by Preferred Creditor

27-9-3-25. Payment to Attorney for Services

27-9-3-26. Personal Liability Relating to Improper Preferences

27-9-3-27. Claims by Creditors Holding Voidable Preferences

27-9-3-28. Setoff of Mutual Debts or Credits

27-9-3-29. Liquidator's Report; Assessment of Members

27-9-3-30. Repealed

27-9-3-30.1. Reinsurance; Method of Payment Upon Liquidation

27-9-3-31. Liability for Payment of Premiums by Insured and Person Other Than Insured; Penalties

27-9-3-32. Proposal to Disburse Assets

27-9-3-33. Filing Proof of Claims

27-9-3-34. Content of Proof of Claim

27-9-3-34.5. Administration of Large Deductible Worker's Compensation Policy

27-9-3-35. Claims Subject to Contingencies

27-9-3-36. Claims by Insured or by Third Party

27-9-3-37. Denial of Claim; Objections; Hearing

27-9-3-38. Claims in Name of Secured Creditors

27-9-3-39. Valuation of Security Held by Secured Creditor

27-9-3-40. Priority of Distribution of Claims

27-9-3-40.5. Segregated Investment Accounts

27-9-3-41. Settlement of Claims; Report of Unresolved Claims; Action of Court on Report

27-9-3-42. Payment of Distributions

27-9-3-43. Deposit of Unclaimed Funds

27-9-3-44. Discharge of Liquidator

27-9-3-45. Reopening of Proceedings

27-9-3-46. Destruction of Records

27-9-3-47. Audit of Books of Commissioner Relating to Receivership