January 14, 2013, read first time and referred to Committee on Insurance.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1269
A BILL FOR AN ACT to amend the Indiana Code concerning
insurance.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 27-7-14; (13)IN1269.1.1. -->
SECTION 1. IC 27-7-14 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]:
Chapter 14. Environmental Coverage
Sec. 1. (a) This chapter does not apply to the following:
(1) Bodily injury or property damage arising out of heat,
smoke, or fumes from a hostile fire otherwise covered under
an insurance policy.
(2) A part of an insurance policy that:
(A) covers first party loss to property located in Indiana;
and
(B) insures against loss or damage to:
(i) real property consisting of not more than four (4)
residential units, one (1) of which is the principal place
of residence of the named insured; or
(ii) personal property in which the named insured has an
insurable interest and that is used within a residential
dwelling for personal, family, or household purposes.
(b) This chapter applies:
(1) to an insurance policy that is issued, delivered, amended,
or renewed after June 30, 2013; and
(2) only to:
(A) an occurrence; or
(B) a discharge, dispersal, seepage, migration, release, or
escape of a pollutant;
that occurs after June 30, 2013.
Sec. 2. As used in this chapter, "environmental coverage" means
insurance coverage for an injury, damage, clean up, loss, cost, or
expense arising from an actual, alleged, or threatened discharge,
dispersal, seepage, migration, release, escape, inhalation, ingestion,
or absorption of:
(1) an irritant;
(2) a contaminant;
(3) a pollutant;
(4) a hazardous chemical;
(5) a hazardous substance;
(6) a hazardous waste;
(7) petroleum;
(8) a regulated substance; or
(9) a substance that is:
(A) subject to regulation under IC 13 and included in a
term defined in IC 13-11-2; or
(B) regulated under Title 42 of the United States Code.
Sec. 3. When used in an insurance policy that generally defines
"pollutant" or "pollutants", the term means:
(1) an irritant;
(2) a contaminant;
(3) a hazardous substance;
(4) a hazardous waste;
(5) petroleum;
(6) a regulated substance; or
(7) a substance that is:
(A) subject to regulation under IC 13 and included in a
term defined in IC 13-11-2; or
(B) regulated under Title 42 of the United States Code.
Sec. 4. An insurance policy issued or renewed after June 30,
2013, does not provide environmental coverage if the insurance
policy contains the following language or substantially similar
language:
"Exclusions. This insurance policy does not apply to:
(1) "Bodily injury" or "property damage" arising out of the
actual, alleged, or threatened discharge, dispersal, seepage,
migration, release, or escape of pollutants:
(A) at or from any premises, site, or location that is or was
at any time owned or occupied by, or rented or loaned to,
any insured;
(B) at or from any premises, site, or location that is or was
at any time used by or for any insured or others for the
handling, storage, disposal, processing, or treatment of
waste;
(C) that are or were at any time transported, handled,
stored, treated, disposed of, or processed as waste by or for
any insured or any person or organization for whom the
named insured may be legally responsible; or
(D) at or from any premises, site, or location on which any
insured or any contractor or subcontractor working
directly or indirectly on any insured's behalf is performing
operations:
(i) if the pollutants are brought on or to the premises,
site, or locations in connection with the operations by the
insured, contractor, or subcontractor; or
(ii) if the operations are to test for, monitor, clean up,
remove, contain, treat, detoxify, neutralize, or in any
way respond to or assess the effects of pollutants.
(2) Any loss, cost, or expense arising out of any:
(A) request, demand, or order that any insured or others
test for, monitor, clean up, remove, contain, treat, detoxify,
or neutralize, or in any way respond to or assess the effects
of pollutants; or
(B) claim or suit by or on behalf of a governmental
authority for damages because of testing for, monitoring,
cleaning up, removing, containing, treating, detoxifying, or
neutralizing, or in any way responding to or assessing the
effects of pollutants.
"Pollutant" or "pollutants" means any solid, liquid, gaseous, or
thermal irritant or contaminant.".
Sec. 5. An insurer that, after January 1, 2014, issues, delivers,
amends, or renews an insurance policy that contains the exclusions
described in section 4 of this chapter shall issue to each
policyholder under the insurance policy written notice containing
a statement that the insurance policy does not provide
environmental coverage.