Indiana § 27-7-9-8.5 - Limitation on amount payable; one mine subsidence occurrence; damage occurring before issuance of policy; duty to investigate; liability

§ 27-7-9-8.5. Limitation on amount payable; one mine subsidence occurrence; damage occurring before issuance of policy; duty to investigate; liability

Sec. 8.5. (a) The amount payable through mine subsidence insurance provided under this chapter for all damage caused by one (1) mine subsidence occurrence is limited to the amount of insurance that:

(1) is in force with respect to the structure or structures damaged in the occurrence; and

(2) is reinsured under section 9 of this chapter;

at the time when the damage to the structure or structures occurs.

(b) For the purposes of this section, all damage that is caused by:

(1) a single mine subsidence event; or

(2) two (2) or more mine subsidence events that are continuous;

shall be considered as having been caused by one (1) mine subsidence occurrence.

(c) Neither an insurer, an agent of an insurer, nor an employee of an insurer is obligated to investigate for mine subsidence damage that may have occurred before the issuance or renewal of a policy including mine subsidence coverage under this chapter, unless specifically informed of such damage by the insured or prospective insured.

(d) Neither an insurer, an agent of an insurer, nor an employee of an insurer is liable for mine subsidence damage that occurs before the issuance of a policy including mine subsidence coverage under this chapter.

As added by P.L.150-1990, SEC.2. Amended by P.L.124-1992, SEC.6.