Sec. 17. (a) To the extent that this section conflicts with any other provision of IC 27 that applies to an insurer, this section is controlling.

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Terms Used In Indiana Code 27-1-15.9-17

  • customer: means a person who purchases portable electronics. See Indiana Code 27-1-15.9-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Insurance: means a contract of insurance or an agreement by which one (1) party, for a consideration, promises to pay money or its equivalent or to do an act valuable to the insured upon the destruction, loss or injury of something in which the other party has a pecuniary interest, or in consideration of a price paid, adequate to the risk, becomes security to the other against loss by certain specified risks; to grant indemnity or security against loss for a consideration. See Indiana Code 27-1-2-3
  • insured customer: means a customer who purchases insurance under a portable electronics insurance policy that is issued to a vendor. See Indiana Code 27-1-15.9-3
  • insurer: means a company, firm, partnership, association, order, society or system making any kind or kinds of insurance and shall include associations operating as Lloyds, reciprocal or inter-insurers, or individual underwriters. See Indiana Code 27-1-2-3
  • portable electronics: means electronic devices that are portable in nature. See Indiana Code 27-1-15.9-5
  • portable electronics insurance: means insurance that provides coverage for the repair or replacement of portable electronics, including coverage for loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. See Indiana Code 27-1-15.9-6
  • supervising entity: means a business entity that:

    Indiana Code 27-1-15.9-8

  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • vendor: means a business entity that directly or indirectly engages in portable electronics transactions. See Indiana Code 27-1-15.9-9
     (b) The following apply to an insurer that issues a portable electronics insurance policy:

(1) Except as provided in subdivisions (3) and (4), an insurer shall provide written notice to a vendor and an insured customer at least thirty (30) days before terminating or otherwise changing the terms and conditions of a portable electronics insurance policy.

(2) An insurer that changes the terms and conditions as described in subdivision (1) shall provide to the vendor and insured customer:

(A) a revised policy, endorsement, or certificate;

(B) an updated brochure; or

(C) other evidence of the change;

including a summary of material changes.

(3) If an insurer discovers fraud or material misrepresentation by an insured customer in:

(A) obtaining portable electronics insurance; or

(B) presenting a claim under the portable electronics insurance;

the insurer may, not less than fifteen (15) days after providing written notice to the insured customer, terminate the insured customer’s portable electronics insurance.

(4) An insurer may immediately terminate an insured customer’s portable electronics insurance for the following reasons:

(A) Nonpayment of premiums.

(B) The insured customer no longer has active service with the vendor.

(C) The:

(i) insured customer has exhausted any aggregate limit of liability under the terms of the portable electronics insurance policy; and

(ii) insurer has sent written notice of the termination to the insured customer.

(5) If portable electronics insurance is terminated by a vendor, the vendor shall, at least thirty (30) days before the effective date of the termination, deliver written notice of the termination, including notice of the effective date of the termination, to each insured customer.

(6) Written notice required by this chapter may be delivered as follows:

(A) By United States mail to:

(i) a vendor at the mailing address specified by the vendor for delivery of written notice; and

(ii) an insured customer at the insured customer’s last known mailing address;

that is on file with the insurer.

(B) By electronic mail to:

(i) a vendor at the vendor’s electronic mail address specified by the vendor for delivery of written notice; and

(ii) an insured customer at the insured customer’s last known electronic mail address provided by the insured customer to the insurer or vendor.

An insured customer’s provision of an electronic mail address to an insurer or a vendor is considered to be consent from the insured customer to receive written notices by electronic mail. An insurer and a vendor shall maintain proof that a written notice sent by electronic mail was sent.

(7) A written notice required by this chapter that is delivered by a supervising entity appointed by an insurer on behalf of the insurer or vendor is considered to have been delivered by the insurer or vendor.

As added by P.L.4-2012, SEC.3.

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