2012 Indiana Code
TITLE 27. INSURANCE
ARTICLE 18. SURPLUS LINES INSURANCE COMPACT
CHAPTER 16. BINDING EFFECT OF COMPACT AND OTHER LAWS

IC 27-18-16
Chapter 16. Binding Effect of Compact and Other Laws

IC 27-18-16-1
Enforcement of state laws
Sec. 1. Except as provided in section 2 of this chapter, this article does not prevent the enforcement of any other law of a compacting state.
As added by P.L.111-2011, SEC.1.

IC 27-18-16-2
Commission action constitutes exclusive rule; preemption of state law; limitations on preemption
Sec. 2. (a) Decisions of the commission and rules and other requirements of the commission constitute the exclusive rule or determination applicable to the compacting states.
(b) A law or regulation regarding nonadmitted insurance of multistate risks that is contrary to rules of the commission is preempted with respect to the following:
(1) Clearinghouse transaction data reporting requirements.
(2) Allocation formula.
(3) Clearinghouse transaction data collection requirements.
(4) Premium tax payment time frames and rules concerning dissemination of data among the compacting states for nonadmitted insurance of multistate risks and single state risks.
(5) Exclusive compliance with the surplus lines law of the home state of the insured.
(6) Rules for reporting to a clearinghouse for receipt and distribution of clearinghouse transaction data related to nonadmitted insurance of multistate risks.
(7) Uniform foreign insurers eligibility requirements.
(8) Uniform policyholder notice.
(9) Uniform treatment of purchasing groups procuring nonadmitted insurance.
(c) Except as provided in subsection (b), a rule, uniform standard, or other requirement of the commission constitutes the exclusive provision that a commissioner may apply to compliance or tax determinations. However, an action taken by the commission does not abrogate or restrict:
(1) the access of a person to state courts;
(2) the availability of alternative dispute resolution under IC 27-18-10;
(3) remedies available under state law related to breach of contract or torts, or other laws not specifically directed to compliance or tax determinations;
(4) state law relating to the construction of insurance contracts; or
(5) the authority of the attorney general of the state, including the authority to maintain any actions or proceedings, as authorized by law. As added by P.L.111-2011, SEC.1.

IC 27-18-16-3
Binding effect of commission action; advisory opinions; constitutional limitations
Sec. 3. (a) Except as provided in this section, lawful actions of the commission, including rules adopted by the commission, are binding upon the compacting states.
(b) Agreements between the commission and the compacting states are binding in accordance with the terms of the agreements.
(c) Upon:
(1) the request of a party to a conflict over the meaning or interpretation of a commission action; and
(2) the affirmative vote of a majority of the compacting states;
the commission may issue advisory opinions regarding the meaning or interpretation in dispute. This subsection may be implemented by rule at the discretion of the commission.
(d) If a provision of this compact exceeds the constitutional limits imposed on the legislature of a compacting state:
(1) the conferral upon the commission of obligations, duties, powers, and jurisdiction through this compact is ineffective as to the compacting state; and
(2) the obligations, duties, powers, and jurisdiction:
(A) remain in the compacting state; and
(B) shall be exercised by the agency of the compacting state to which the obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
As added by P.L.111-2011, SEC.1.