Indiana § 27-4-1-19 - Annual report of consumer complaints

§ 27-4-1-19. Annual report of consumer complaints

Sec. 19. (a) The commissioner shall, on an annual basis and in a manner determined by the commissioner, publish figures and produce a report containing the following information:

(1) The ratio of valid consumer complaints lodged against each company weighted by the direct premiums earned in Indiana by each company.

(2) A separate listing of any company determined by the commissioner to have committed a practice that is designated an unfair claim settlement practice under section 4.5 of this chapter if the practice is committed flagrantly and in conscious disregard of section 4.5 of this chapter or if the practice is committed with a frequency that indicates a general business practice.

(3) Any enforcement action taken by the commissioner as a result of a practice described in subdivision (2).

(b) The commissioner shall provide a copy of the report required under subsection (a) to the house of representatives and senate committees of the general assembly that are assigned responsibility for insurance issues.

As added by P.L.121-1990, SEC.6 and P.L.149-1990, SEC.4. Amended by P.L.203-2001, SEC.9.

IC 27-4-1.5Chapter 1.5. Auto Repair Claims Settlement

27-4-1.5-0.1Application of chapter 27-4-1.5-1"Body part" defined 27-4-1.5-2"Body shop" defined 27-4-1.5-3"Insured" defined 27-4-1.5-4"Insurer" defined 27-4-1.5-5"Motor vehicle" defined 27-4-1.5-6"New body part" defined 27-4-1.5-7"Used body part" defined 27-4-1.5-8Insurer notice to insured; body parts to be used in repair 27-4-1.5-9Failure to give insured notice; unfair claim settlement practice 27-4-1.5-10Failure to permit selection of body parts by insured; unfair claim settlement practice 27-4-1.5-11Direction by insurer to use different body parts from those directed by insured; unfair claims settlement practice 27-4-1.5-12Refusal to direct use of or pay for body parts directed by insured; unfair claim settlement practice 27-4-1.5-13Insurer duties performed by agent or body shop

IC 27-4-1.5-0.1Application of chapter Sec. 0.1. The addition of this chapter by P.L.194-1991 applies to the repair of motor vehicles under insurance policies issued or renewed after June 30, 1991.

As added by P.L.220-2011, SEC.430.

IC 27-4-1.5-1"Body part" defined Sec. 1. (a) As used in this chapter, "body part" means a replacement for any of the nonmechanical sheet metal or plastic parts that generally constitute the exterior of a motor vehicle.

(b) The term includes the inner and outer panels of the body of a motor vehicle.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-2"Body shop" defined Sec. 2. As used in this chapter, "body shop" means a business that repairs damage to the exterior of motor vehicles.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-3"Insured" defined Sec. 3. As used in this chapter, "insured" means a person who is entitled to the coverage provided by an insurance policy.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-4"Insurer" defined Sec. 4. As used in this chapter, "insurer" has the meaning set forth in IC 27-1-2-3.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-5"Motor vehicle" defined Sec. 5. As used in this chapter, "motor vehicle" has the meaning set forth in IC 9-13-2-105.

As added by P.L.194-1991, SEC.2. Amended by P.L.1-1992, SEC.150.

IC 27-4-1.5-6"New body part" defined Sec. 6. As used in this chapter, "new body part" means a body part that has not previously been attached to a motor vehicle.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-7"Used body part" defined Sec. 7. As used in this chapter, "used body part" means a body part that has previously been attached to a motor vehicle.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-8Insurer notice to insured; body parts to be used in repair Sec. 8. (a) An insurer that is obligated to pay at least part of the cost of repairing the exterior of a motor vehicle under an insurance policy issued by the insurer may not direct a body shop to repair the motor vehicle until the insurer has presented the insured with a written notice that meets the requirements set forth in subsections (b) and (c).

(b) An insurer described in subsection (a) shall present the insured with a written notice that does the following:

(1) Informs the insured that the insured has a right to approve the type of body parts to be used in the repair of the motor vehicle.

(2) Gives the insured an opportunity, in approving the type of body parts to be used in the repair of the motor vehicle, to select from among the following:

(A) New body parts manufactured by or for the manufacturer of the motor vehicle.

(B) New body parts that were not manufactured by or for the manufacturer of the motor vehicle.

(C) Used body parts.

(c) An insurer described in subsection (a) shall give the insured an opportunity to indicate in writing the type of body part that the insured approves for use in the repair of the motor vehicle.

(d) This section applies only in the five (5) years after the model year of the motor vehicle.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-9Failure to give insured notice; unfair claim settlement practice Sec. 9. An insurer that:

(1) is required to give a written notice to an insured under section 8 of this chapter concerning the repair of a motor vehicle;

(2) does not give the insured a written notice that meets the requirements set forth in section 8(b) of this chapter; and

(3) directs a body shop to repair the motor vehicle;

commits an unfair claim settlement practice under IC 27-4-1-4.5.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-10Failure to permit selection of body parts by insured; unfair claim settlement practice Sec. 10. An insurer that:

(1) is subject to the requirement set forth in section 8(c) of this chapter with respect to the repair of a motor vehicle;

(2) does not satisfy this requirement; and

(3) directs a body shop to repair the motor vehicle;

commits an unfair claims settlement practice under IC 27-4-1-4.5.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-11Direction by insurer to use different body parts from those directed by insured; unfair claims settlement practice Sec. 11. An insurer that:

(1) under section 8(c) of this chapter gives an insured an opportunity to indicate in writing the type of body part that the insured approves for use in the repair of the motor vehicle; and

(2) directs a body shop to repair the motor vehicle using a type of body part different from the type of body part that the insured approved for use in the repair of the motor vehicle;

commits an unfair claim settlement practice under IC 27-4-1-4.5.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-12Refusal to direct use of or pay for body parts directed by insured; unfair claim settlement practice Sec. 12. An insurer that:

(1) under section 8(c) of this chapter gives an insured an opportunity to indicate in writing the type of body parts that the insured approves for use in the repair of a motor vehicle; and

(2) refuses to:

(A) pay for; or

(B) direct a body shop to use;

the type of body parts approved by the insured under section 8(c) of this chapter in the repair of the motor vehicle;

commits an unfair claims settlement practice under IC 27-4-1-4.5.

As added by P.L.194-1991, SEC.2.

IC 27-4-1.5-13Insurer duties performed by agent or body shop Sec. 13. An act that an insurer is required to perform under this chapter shall be considered to have been performed by the insurer if the act is performed by:

(1) an agent of the insurer; or

(2) a body shop that the insurer directs to repair a motor vehicle.

As added by P.L.194-1991, SEC.2.

IC 27-4-2Chapter 2. RepealedRepealed by Acts 1978, P.L.2, SEC.2728.

IC 27-4-3Chapter 3. Restrictions on Unlawful Insurance Producer Representation

27-4-3-1Two or more companies coercing or inducing insurance producer to refrain from representing additional companies 27-4-3-2Insurance producer's agreement not to represent additional companies; exclusive representation of single company 27-4-3-3Violations; license suspension; public hearing; appeal