Sec. 25. (a) A reinsurance intermediary, insurer, or reinsurer found by the commissioner, after a hearing conducted in accordance with IC 4-21.5, to be in violation of any provision of this chapter, shall:

(1) for each separate violation, pay an administrative penalty in an amount not exceeding five thousand dollars ($5,000);

Terms Used In Indiana Code 27-6-9-25

  • commissioner: refers to the insurance commissioner appointed under IC 27-1-1-2. See Indiana Code 27-6-9-2
  • insurer: means any person, firm, association or corporation duly licensed in Indiana pursuant to the applicable provisions of the insurance law as an insurer. See Indiana Code 27-6-9-4
  • reinsurance intermediary: means :

    Indiana Code 27-6-9-6

  • reinsurer: means any person, firm, association, or corporation duly licensed in Indiana pursuant to the applicable provisions of the insurance law as an insurer with the authority to assume reinsurance. See Indiana Code 27-6-9-9
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • to be in violation: means that the reinsurance intermediary, insurer, or reinsurer for whom the reinsurance intermediary was acting failed to substantially comply with the provisions of this chapter. See Indiana Code 27-6-9-10
(2) be subject to revocation or suspension of its license; and

(3) if a violation was committed by the reinsurance intermediary, the reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to the reinsurance intermediary’s violation.

     (b) The decision, determination, or order of the commissioner pursuant to subsection (a) is subject to judicial review pursuant to IC 4-21.5.

     (c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided by law.

     (d) Nothing contained in this chapter is intended to, or shall in any manner, limit or restrict the rights of policyholders, claimants, creditors, or other third parties, or confer any rights upon those persons.

As added by P.L.26-1991, SEC.26.