Indiana Code 27-1-27-7.1. Violations; penalties; notice and hearing
(1) may:
Terms Used In Indiana Code 27-1-27-7.1
- certificate of authority: means an instrument in writing issued by the department to an insurer, which sets out the authority of such insurer to engage in the business of insurance or activities connected therewith. See Indiana Code 27-1-2-3
- Commissioner: means the "insurance commissioner" of this state. See Indiana Code 27-1-2-3
- Contract: A legal written agreement that becomes binding when signed.
- Fraud: Intentional deception resulting in injury to another.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Insurance: means a contract of insurance or an agreement by which one (1) party, for a consideration, promises to pay money or its equivalent or to do an act valuable to the insured upon the destruction, loss or injury of something in which the other party has a pecuniary interest, or in consideration of a price paid, adequate to the risk, becomes security to the other against loss by certain specified risks; to grant indemnity or security against loss for a consideration. See Indiana Code 27-1-2-3
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes individuals, corporations, associations, and partnerships; personal pronoun includes all genders; the singular includes the plural and the plural includes the singular. See Indiana Code 27-1-2-3
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Subpoena: A command to a witness to appear and give testimony.
(B) revoke; or
(C) refuse to issue or renew;
a public adjuster’s certificate of authority; or
(2) may place a public adjuster on probation;
for a cause set forth in subsection (b).
(b) A public adjuster is subject to the penalties set forth in subsection (a) for any of the following:
(1) Providing incorrect, misleading, incomplete, or materially untrue information in an application for a certificate of authority.
(2) Violating an insurance law, a subpoena, or an order of the commissioner or another state’s insurance commissioner.
(3) Obtaining or attempting to obtain a certificate of authority through misrepresentation or fraud.
(4) Improperly withholding, misappropriating, or converting money or property received in the course of doing insurance business.
(5) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.
(6) Having been convicted of a felony.
(7) Having admitted or been found to have committed any unfair trade practice or fraud in the business of insurance.
(8) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness, or financial irresponsibility, in the conduct of insurance business.
(9) Having an insurance license, or the equivalent of an insurance license, probated, suspended, revoked, or refused in another state, province, district, or territory.
(10) Forging another person‘s name to a document related to an insurance transaction.
(11) Cheating, including improperly using notes or any other reference material, to complete an examination for an insurance license.
(12) Failing to comply with an administrative or court order imposing a child support obligation.
(13) Failing to pay state income tax or failing to comply with an administrative or court order directing payment of state income tax.
(14) Committing a violation of section 1.5, sections 12 through 17, section 19, or section 20 of this chapter.
(c) If the commissioner refuses an application for a certificate of authority to act as a public adjuster or for the renewal of an existing certificate of authority under this chapter, the commissioner shall notify the applicant or certificate holder in writing, advising of the reason for the refusal. The applicant or certificate holder may, not more than thirty (30) days after receiving the commissioner’s notice of refusal, make written demand upon the commissioner for a hearing to determine the reasonableness of the refusal. The hearing must be held under IC 4-21.5 not more than twenty (20) days after the commissioner receives the applicant’s or certificate holder’s written demand.
As added by P.L.146-2015, SEC.27. Amended by P.L.226-2023, SEC.6.