2012 Indiana Code
TITLE 27. INSURANCE
ARTICLE 1. DEPARTMENT OF INSURANCE
CHAPTER 41. GROUP PERSONAL EXCESS OR UMBRELLA LIABILITY INSURANCE

IC 27-1-41
Chapter 41. Group Personal Excess or Umbrella Liability Insurance

IC 27-1-41-1
"Certificate"
Sec. 1. As used in this chapter, "certificate" means a document issued to an individual group member as evidence of the group member's coverage under a master group insurance policy.
As added by P.L.32-2012, SEC.2.

IC 27-1-41-2
"Group"
Sec. 2. As used in this chapter, "group" means the following:
(1) The membership of any of the following:
(A) A trade association.
(B) A professional association.
(C) A labor union.
(D) An employee association.
(E) A club.
(F) A league.
(G) A fraternity.
(H) A guild.
(I) Another organization.
(2) The employees of any of the following:
(A) An employer.
(B) Two (2) or more employers.
As added by P.L.32-2012, SEC.2.

IC 27-1-41-3
"Group administrator"
Sec. 3. As used in this chapter, "group administrator" means the officers or directors of a group or any other person legally vested with the responsibility to manage the affairs of a group. In the case of a group that consists of employees of a single employer, the employer is considered to be the group administrator.
As added by P.L.32-2012, SEC.2.

IC 27-1-41-4
"Group insurance policy"
Sec. 4. As used in this chapter, "group insurance policy" means a policy of insurance that provides personal excess liability insurance or personal umbrella liability insurance to participating group members under one (1) master policy:
(1) that is issued to the group administrator; and
(2) under which individual certificates are issued to each participating group member.
As added by P.L.32-2012, SEC.2.

IC 27-1-41-5 Authorization to issue group insurance policy
Sec. 5. An insurer that is:
(1) authorized under IC 27-1-3-20 to engage in the business of insurance in Indiana; or
(2) doing business with an insurance producer that is licensed under IC 27-1-15.8;
may issue a group insurance policy in Indiana.
As added by P.L.32-2012, SEC.2.

IC 27-1-41-6
Group eligibility requirements
Sec. 6. (a) A group described in section 2(1) of this chapter must meet the following requirements to be eligible to purchase coverage under a group insurance policy:
(1) The group consists of at least ten (10) individuals who are members.
(2) The group has been in existence for at least two (2) years.
(3) The group was formed for a purpose other than the purchase of insurance.
(b) A group described in section 2(2) of this chapter may include each of the following as a group member:
(1) An employee of a subsidiary or an affiliate of the employer.
(2) A retired employee of the employer.
(3) An individual business owner or proprietor who is the employer.
(4) A partner of a partnership that is the employer.
(5) A director or retired director of the employer.
(6) A former employee, owner, proprietor, partner, or director who purchased coverage under a group insurance policy before leaving the position.
(7) A spouse, child, or household resident of any individual described in subdivisions (1) through (6).
(c) A group is not eligible to purchase, and an insurer shall not provide to the group, coverage under a group insurance policy if:
(1) the purchase of insurance is a condition of membership in the group; or
(2) a group member is penalized by the group as a result of the group member refusing coverage under a group insurance policy.
As added by P.L.32-2012, SEC.2.

IC 27-1-41-7
Rates
Sec. 7. An insurer may apply to a group insurance policy a lower rate than the rate shown in the insurer's manual for insurance policies that are:
(1) of the same type as the group insurance policy; and
(2) individually issued to insureds of the same class as the group members insured under the group insurance policy.
As added by P.L.32-2012, SEC.2.
IC 27-1-41-8
Premium payment
Sec. 8. (a) A group administrator may, if authorized by the insurer, aggregate the group members' premiums and remit the premiums to the insurer or insurance producer.
(b) If an insurer authorizes payment of premiums as described in subsection (a), payment of a premium by a group member to the group administrator is considered to be payment to the insurer.
(c) An employer or group administrator of a group described in section 2(2) of this chapter may remit premiums to an insurer through an employee benefit plan.
As added by P.L.32-2012, SEC.2.

IC 27-1-41-9
Certificate of coverage; notice
Sec. 9. (a) A certificate that is issued under a group insurance policy to an individual participating group member must include the following information:
(1) The full name and address of the insurer.
(2) The policy number of the master policy.
(3) The full name, address, and telephone number of the group administrator that holds the master policy.
(4) A description of the coverage provided under the certificate, including the amount and term of the coverage.
(5) The amount of premium charged to the individual participating group member for the coverage.
(6) Coverage limits that specifically apply under the individual participating group member's certificate.
(7) Unless:
(A) the master policy is incorporated by reference in the certificate; and
(B) a copy of the master policy accompanies the certificate;
all material terms and conditions of coverage under the certificate.
(b) An insurer shall provide to each individual participating group member separate notice that provides instructions on claim submission procedures.
(c) An insurer or group administrator shall deliver to each individual participating group member a certificate, an amended certificate, or an endorsement to a certificate if any of the following occurs:
(1) A change in coverage limits.
(2) A change in the type of coverage provided.
(3) An addition to, reduction in, or elimination of coverage provided.
(4) An addition of an exclusion of coverage.
As added by P.L.32-2012, SEC.2.

IC 27-1-41-10
Cancellation; refusal to renew Sec. 10. (a) An insurer may cancel or refuse to renew an individual certificate while maintaining in force the master policy and other individual certificates issued under the master policy.
(b) An insurer that cancels or refuses to renew a master policy shall, within a period determined by the commissioner, provide:
(1) to the group administrator; and
(2) to each individual participating group member;
written notice of the cancellation or refusal to renew.
As added by P.L.32-2012, SEC.2.

IC 27-1-41-11
Administrative rules
Sec. 11. The department may adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.32-2012, SEC.2.