Ind. Code § 27-2-24-1 Application of chapter
Sec. 1. This chapter applies to a policy of property or casualty insurance that is entered into, amended, or renewed after June 30, 2017.
As added by P.L.148-2017, SEC.8.
Ind. Code ch. 27-2-24
Ind. Code ch. 27-2-24
in effectInd. Code § 27-2-24-2 "Authorized agency"
Sec. 2. As used in this chapter, "authorized agency" means the following:
(1) The state fire marshal or a fire department acting under IC 36-8-17.
(2) The superintendent of the state police.
(3) The prosecuting attorney responsible for prosecutions in the county where damage to property occurs.
(4) The attorney general.
(5) An officer of a unit of local government whose duties include the investigation of arson where damage to property occurs.
As added by P.L.148-2017, SEC.8.
Ind. Code § 27-2-24-3 "Available insurance proceeds"
Sec. 3. As used in this chapter, "available insurance proceeds" means:
(1) the proceeds payable under a policy of property or casualty insurance:
(A) to an innocent coinsured; and
(B) based on a claim for property loss to the innocent coinsured's primary residence; minus
(2) proceeds already paid under the policy of property or casualty insurance to:
(A) the innocent coinsured for:
(i) emergency living expenses;
(ii) emergency action necessary to secure the premises of the primary residence; and
(iii) action necessary to prevent further damage to the premises of the primary residence; and
(B) a lienholder or mortgagee who is not under investigation by an authorized agency;
in connection with the property loss described in subdivision (1).
As added by P.L.148-2017, SEC.8.
Ind. Code § 27-2-24-4 "Final settlement"
Sec. 4. (a) As used in this chapter, "final settlement" means a determination:
(1) of the amount owed to an innocent coinsured by an insurer:
(A) under the building coverage part of a policy of property or casualty insurance; and
(B) for property loss to the innocent coinsured's primary residence; and
(2) made by any of the following methods:
(A) Acceptance of a proof of loss by the insurer.
(B) Execution of a release by the innocent coinsured.
(C) Acceptance of an arbitration award by the innocent coinsured and the insurer.
(D) Judgment of a court of competent jurisdiction.
(b) The term "final settlement" does not apply to damage or loss related to contents, personal property, or another loss that is not covered under the building coverage part of a policy of property or casualty insurance.
As added by P.L.148-2017, SEC.8.
Ind. Code § 27-2-24-5 "Innocent coinsured"
Sec. 5. As used in this chapter, "innocent coinsured" means an individual who:
(1) is insured under a policy of property or casualty insurance;
(2) did not have knowledge of, cooperate in, or intentionally contribute to a property loss that was caused or arranged by another individual who:
(A) is also insured under the policy of property or casualty insurance; and
(B) either:
(i) died; or
(ii) has been charged with a crime based on a court finding that there is probable cause to believe that the individual committed the crime;
in connection with the circumstances that caused the property loss;
(3) signs a sworn affidavit attesting that the individual did not have knowledge of, cooperate in, or intentionally contribute to the property loss; and
(4) cooperates in:
(A) the investigation and resolution of the claim for the property loss;
(B) any police investigation related to the property loss; and
(C) any criminal prosecution of the individual that caused or arranged the property loss.
As added by P.L.148-2017, SEC.8.
Ind. Code § 27-2-24-6 "Insurer"
Sec. 6. As used in this chapter, "insurer" means an insurance company that issues or delivers a policy of property or casualty insurance.
As added by P.L.148-2017, SEC.8.
Ind. Code § 27-2-24-7 "Property or casualty insurance"
Sec. 7. As used in this chapter, "property or casualty insurance" means a type of insurance described in Class 2 and Class 3 of IC 27-1-5-1. However, the term does not mean insurance described in Class 2(a) of IC 27-1-5-1.
As added by P.L.148-2017, SEC.8.
Ind. Code § 27-2-24-8 Payment of claim made by innocent coinsured
Sec. 8. (a) An insurer may not deny, exclude, or limit payment of a claim made:
(1) by an innocent coinsured;
(2) for coverage of a property loss to the primary residence of the innocent coinsured; and
(3) under a policy of property or casualty insurance;
unless the denial, exclusion, or limitation of payment is otherwise allowed by law and applied to the innocent coinsured in the same manner and to the same extent as the denial, exclusion, or limitation of payment is applied by the insurer to all other insureds, regardless of whether an insured is an innocent coinsured.
(b) An insurer shall pay the following on a claim described in subsection (a):
(1) The actual cost of repair or replacement of the property that is the subject of the claim if the actual cost of repair or replacement is less than or equal to the maximum limit of coverage under the policy of property or casualty insurance.
(2) The maximum limit of coverage under the policy of property or casualty insurance if the actual cost of repair or replacement of the property that is the subject of the claim is greater than the maximum limit of coverage under the policy of property or casualty insurance.
(c) This section does not require an insurer to make payment on a claim described in subsection (a) in an amount that is greater than the amount applicable to the part of the damaged property to which the innocent coinsured is entitled under a decree of dissolution of marriage between the innocent coinsured and the individual described in section 5(2) of this chapter.
(d) This section does not require an insurer to do the following:
(1) Make payment to an innocent coinsured on a claim described in subsection (a) in an amount that exceeds:
(A) the innocent coinsured's ownership interest in the property; minus
(B) any payment by the insurer to a mortgagee or another lienholder with a secured interest in the property.
(2) Make payment to another coinsured for the part of a loss for which the insurer has already made payment to the innocent coinsured.
As added by P.L.148-2017, SEC.8.
Ind. Code § 27-2-24-9 Insurer actions solely on basis of innocent coinsured history prohibited
Sec. 9. An insurer may not:
(1) refuse to renew;
(2) refuse to issue; or
(3) add a surcharge or rating factor to a premium for;
a policy of property or casualty insurance solely on the basis that an insured or a prospective insured under the policy of property or casualty insurance has been an innocent coinsured.
As added by P.L.148-2017, SEC.8.
Ind. Code § 27-2-24-10 Payment not required if final settlement less than 60% of available proceeds
Sec. 10. This chapter does not require an insurer that issued a policy of property or casualty insurance to pay a claim to an innocent coinsured if the final settlement for the property loss is less than sixty percent (60%) of available insurance proceeds under the policy.
As added by P.L.148-2017, SEC.8.
Ind. Code § 27-2-24-11 Insurer rebuttal of status of innocent coinsured
Sec. 11. This chapter does not prohibit an insurer from application of reasonable standards of proof to rebut an assertion that an individual meets the requirements to be considered an innocent coinsured under section 5 of this chapter.
As added by P.L.148-2017, SEC.8.
Ind. Code § 27-2-24-12 Subrogation rights of insurer
Sec. 12. This chapter does not affect an insurer's right of subrogation under a policy of property or casualty insurance to recover payments made from the person that is responsible for the property loss.
As added by P.L.148-2017, SEC.8.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/27Fetched: 10/17/2026