Indiana § 27-8-4-6 - Policy or certificate; delivery; rejection of risk; to another insurer; credit for lower premium

§ 27-8-4-6. Policy or certificate; delivery; rejection of risk; to another insurer; credit for lower premium

Sec. 6. (a) All credit life insurance and credit accident and health insurance shall be evidenced by an individual policy, or in the case of group insurance by a certificate of insurance, which individual policy of group certificate of insurance shall be delivered to the debtor.

(b) Each individual policy or group certificate of credit life insurance or credit accident and health insurance shall, in addition to other requirements of law, set forth:

(1) the name and home office address of the insurer;

(2) the name or names of the debtor or in the case of a certificate under a group policy, the identity by name or otherwise of the debtor;

(3) the premium or amount of payment, if any, by the debtor separately for credit life insurance and credit accident and health insurance;

(4) a description of the coverage, including the amount and term of the coverage;

(5) any exceptions, limitations, and restrictions; and

(6) that the benefits shall be paid to the creditor to reduce or extinguish the unpaid indebtedness and, wherever the amount of insurance may exceed the unpaid indebtedness, that any such excess shall be payable to a beneficiary, other than the creditor, named by the debtor or to the debtor's estate.

(c) Said individual policy or group certificate of insurance shall be delivered to the insured debtor at the time the indebtedness is incurred except as provided in this chapter.

(d) If said individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred, a copy of the application for such policy or a notice of proposed insurance, signed by the debtor and setting forth:

(1) the name and home office address of the insurer;

(2) the name or names of the debtor;

(3) the premium or amount of payment by the debtor, if any, separately for credit life insurance and credit accident and health insurance; and

(4) the amount, term, and a brief description of the coverage provided;

shall be delivered to the debtor at the time such indebtedness is incurred. The copy of the application for, or notice of proposed insurance, shall also refer exclusively to insurance coverage, and shall be separate and apart from the loan, sale, or other credit statement of account, instrument, or agreement, unless the information required by this subsection is prominently set forth in the loan, sale, or other credit statement of account, instrument, or agreement. Upon acceptance of the insurance by the insurer and within thirty (30) days of the date upon which the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor. Said application or notice of proposed insurance shall state that upon acceptance by the insurer, the insurance shall become effective as provided in section 5 of this chapter.

(e) If the named insurer does not accept the risk, then and in such event the debtor shall receive a policy or certificate of insurance, if one (1) can be obtained from another insurer, setting forth the name and home office address of the substituted insurer and the amount of the premium to be charged, and if the amount of premium is less than that set forth in the notice of proposed insurance an appropriate refund shall be made.

Formerly: Acts 1961, c.47, s.6. As amended by P.L.252-1985, SEC.298; P.L.255-1995, SEC.8; P.L.136-2018, SEC.193.