February 4, 2005
SENATE BILL No. 362
_____
DIGEST OF SB 362
(Updated February 3, 2005 12:08 pm - DI 110)
Citations Affected: IC 27-2.
Synopsis: Notice of existence of insurance policy. Requires certain
insurers to notify enforcement authorities in a second class city
concerning the existence of coverage for a building or structure that is
located in the city and damaged by fire or explosion.
Effective: July 1, 2005.
January 11, 2005, read first time and referred to Committee on Insurance and Financial
Institutions.
February 3, 2005, reported favorably _ Do Pass.
February 4, 2005
First Regular Session 114th General Assembly (2005)
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SENATE BILL No. 362
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 27-2-15-4.5; (05)SB0362.1.1. -->
SECTION 1. IC 27-2-15-4.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4.5. (a) As used in this
section, "city" refers to a
second class city.
having a population of
more than thirty-five thousand (35,000) that is located in a county
having a population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000).
(b) An insurer that issued an insurance policy covering a building
or other structure that is:
(1) located in a city; and
(2) damaged by a fire or explosion;
shall notify the enforcement authority of the city about the existence of
the policy. However, an insurer is not required to notify the
enforcement authority under this section if the policy issued by the
insurer is not in effect at the time of the fire or explosion that damages
the building or structure.
(c) The insurer shall provide the notice required under this section
if the enforcement authority makes a request for the notice within
twenty (20) days after the damage occurs.
(d) The notice required by this section must:
(1) be in writing;
(2) identify the insurer and state the insurer's address;
(3) identify the building or structure and state the location of the
building or structure; and
(4) disclose the nature and extent of the coverage of the building
or structure provided by the policy.
(e) An insurer shall provide notice to the enforcement authority
under this section within ten (10) days after the insurer is notified
under subsection (c) of the damaging of the building or structure by fire
or explosion.
(f) The commissioner may take action under IC 27-1-3-10 and
IC 27-1-3-19 against an insurer that violates this section.