Ind. Code ch. 27-2-28

Ind. Code ch. 27-2-28
in effect

Ind. Code § 27-2-28-1 Application of chapter

Sec. 1. (a) This chapter applies to a personal automobile or homeowner's policy that is issued, delivered, amended, or renewed on or after January 1, 2027. (b) This chapter does not apply to: (1) notices required by the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or (2) declinations of coverage. As added by P.L.226-2023, SEC.20. Amended by P.L.158-2024, SEC.18; P.L.236-2025, SEC.8; P.L.86-2026, SEC.4.

Ind. Code § 27-2-28-2 "Automobile policy"

Sec. 2. (a) As used in this chapter, "automobile policy" means a policy providing one (1) or more of the types of insurance described in Class 2(f) of IC 27-1-5-1. (b) The term includes an automobile policy under which the insured vehicle designated in the policy is rated as private passenger. (c) The term does not include personal insurance policies for the coverage of: (1) boats; (2) inland marine; (3) motorcycles; (4) off-road vehicles; (5) recreational vehicles; (6) trailers; (7) fleets; (8) antique or collector vehicles; (9) classic vehicles; (10) specialty vehicles; or (11) any other personal insurance policy not listed in subdivisions (1) through (10). As added by P.L.226-2023, SEC.20. Amended by P.L.86-2026, SEC.5.

Ind. Code § 27-2-28-3 "Homeowner's policy"

Sec. 3. (a) As used in this chapter, "homeowner's policy" means a policy that provides: (1) coverage for: (A) damage to or the destruction of: (i) a structure; or (ii) a unit within a structure; that is used as a residence by one (1) or more individuals; and (B) damage to or the loss of personal property that is present in the structure or unit described in clause (A); caused by perils such as fire, hail, and lightning; and (2) coverage against the civil liability of the policyholder arising from bodily injury or property damage incurred by others. (b) The term includes a mobile homeowner's policy, manufactured homeowner's policy, condominium homeowner's policy, and renter's coverage. (c) The term does not include farm policies, nonowner occupied dwellings, other residential policies that are not written on a homeowner's policy form or other landlord policies. As added by P.L.226-2023, SEC.20. Amended by P.L.86-2026, SEC.6.

Ind. Code § 27-2-28-4 "Insured"

Sec. 4. As used in this chapter, "insured" means an individual who is the first named insured on the declarations page of a personal automobile or homeowner's policy. As added by P.L.226-2023, SEC.20.

Ind. Code § 27-2-28-5 "Insurer"

Sec. 5. As used in this chapter, "insurer" refers to an insurer (as defined in IC 27-1-2-3) that issues a personal automobile or homeowner's policy. As added by P.L.226-2023, SEC.20.

Ind. Code § 27-2-28-6 "Material change"

Sec. 6. (a) As used in this chapter, "material change" means a premium increase of more than ten percent (10%) over and above the increases in the insurer's filed rate plan, including base rate increases and any other changes to the insurer's filed rate plan. (b) The term does not include the following: (1) An increase in the insurer's filed rate plan and automatic inflationary increases. (2) An additional premium due to a change initiated by the insured, such as: (A) adding or removing vehicles or drivers; (B) adding an endorsement; (C) adding additional coverages; (D) adding covered premises; or (E) increasing coverage limits or deductibles. (3) An additional premium due to a change in risk exposure as a result of the insured's participation in a usage based or telematics insurance program. (4) Changes resulting from a property inspection. (5) For purposes of the second or subsequent renewals, rate increases that are implemented over more than one (1) policy period if: (A) the implementation plan is included in the insurer's filed rate plan; or (B) the increase for any one (1) policy period is not more than ten percent (10%) over the expiring policy period's premium. As added by P.L.226-2023, SEC.20. Amended by P.L.86-2026, SEC.7.

Ind. Code § 27-2-28-7 "Personal automobile or homeowner's policy"

Sec. 7. As used in this chapter, "personal automobile or homeowner's policy" means: (1) an automobile policy; or (2) a homeowner's policy; that is underwritten on an individual basis for an individual, family, or household. As added by P.L.226-2023, SEC.20.

Ind. Code § 27-2-28-8 Written notice by insurer of material change

Sec. 8. (a) An insurer that makes a material change to an insured's personal automobile or homeowner's policy shall provide a written notice to the insured that: (1) explains the principal factors for the material change; or (2) states that the insured has a right to request and obtain an explanation of the principal factors for the material change. (b) Not later than thirty (30) days after an insured receives a notice of a material change described in subsection (a)(2), the insured may submit to the insurer a written request for an explanation of the principal factors for the material change. (c) Not later than forty-five (45) days after receiving a request for an explanation under subsection (b), the insurer shall provide written notice to the insured explaining the principal factors for the material change. (d) An insurer shall provide a copy of a written notice provided under subsection (a)(1) or (c): (1) to the insurance producer, if any, who: (A) represented: (i) the insured in obtaining coverage from the insurer; or (ii) the insurer in regard to the providing of coverage to the insured; and (B) is not an employee, an exclusive agent, or a captive agent of the insurer; and (2) to the insurer's reporting portal for agent communications. (e) A written notice provided under subsection (a) or (c), or a written request submitted under subsection (b), must be provided by: (1) first class mail; or (2) electronic delivery as set forth in IC 27-1-43. As added by P.L.226-2023, SEC.20. Amended by P.L.86-2026, SEC.8.

Ind. Code § 27-2-28-9 Requirements applying to notice of material change

Sec. 9. (a) A written notice provided under section 8(a)(1) or 8(c) of this chapter: (1) must: (A) be sufficiently clear; and (B) use language sufficiently specific; to enable the insured to identify the basis for the insurer's decision to make the material change; (2) must include a description of the principal factors most heavily weighed by an insurer in making a material change, listed in no particular order; and (3) may provide a point of contact through which the insured may discuss the reasons for the material change. (b) A statement that: (1) the material change is based on the insurer's internal standards, policies, or models; (2) the insured failed to achieve a particular score on the insurer's scoring system; or (3) contains generalized terms, such as "poor credit history", "poor credit rating", or "poor insurance score"; does not meet the requirements set forth in subsection (a). (c) This section does not require the disclosure of factors that are otherwise disclosed to the insured. As added by P.L.226-2023, SEC.20.

Ind. Code § 27-2-28-10 Requirements of chapter are in addition to other requirements

Sec. 10. The requirements set forth in this chapter: (1) do not replace; and (2) are in addition to; the requirements under IC 27-7-6 and IC 27-7-12. As added by P.L.226-2023, SEC.20.

Ind. Code § 27-2-28-11 Voluntary disclosures

Sec. 11. This chapter does not prohibit an insurer from voluntarily providing the disclosures required by this chapter. As added by P.L.226-2023, SEC.20.

Ind. Code § 27-2-28-12 Adoption of rules

Sec. 12. (a) The commissioner shall adopt rules under IC 4-22-2 to implement monetary penalties for a violation of this chapter that are consistent with other penalties assessed for similar violations under this title. (b) The commissioner is solely responsible for the enforcement of this chapter. As added by P.L.226-2023, SEC.20. Amended by P.L.86-2026, SEC.9.

Ind. Code § 27-2-28-13 No private cause of action

Sec. 13. A violation of this chapter does not create a private cause of action. As added by P.L.226-2023, SEC.20.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/27Fetched: 10/17/2026