Sec. 5. As used in this chapter, “innocent coinsured” means an individual who:

(1) is insured under a policy of property or casualty insurance;

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Terms Used In Indiana Code 27-2-24-5

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • property or casualty insurance: means a type of insurance described in Class 2 and Class 3 of IC 27-1-5-1. See Indiana Code 27-2-24-7
(2) did not have knowledge of, cooperate in, or intentionally contribute to a property loss that was caused or arranged by another individual who:

(A) is also insured under the policy of property or casualty insurance; and

(B) either:

(i) died; or

(ii) has been charged with a crime based on a court finding that there is probable cause to believe that the individual committed the crime;

in connection with the circumstances that caused the property loss;

(3) signs a sworn affidavit attesting that the individual did not have knowledge of, cooperate in, or intentionally contribute to the property loss; and

(4) cooperates in:

(A) the investigation and resolution of the claim for the property loss;

(B) any police investigation related to the property loss; and

(C) any criminal prosecution of the individual that caused or arranged the property loss.

As added by P.L.148-2017, SEC.8.

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