Sec. 12. (a) Any
person aggrieved by any agency action of the
commissioner pursuant to this chapter may petition for judicial review thereof in accordance, so far as practical, with
IC 4-21.5-5.
Ask an insurance law question, get an answer ASAP!
Click here to chat with a lawyer about your rights.
Terms Used In Indiana Code 27-1-23-12
- Commissioner: means the insurance commissioner of this state. See Indiana Code 27-1-23-1
- person: is a n individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert. See Indiana Code 27-1-23-1
(b) Notwithstanding IC 4-21.5-5, the filing of a petition for review of the commissioner’s determination approving an acquisition of control under section 2 of this chapter shall stay the application of any such determination or other action of the commissioner unless the court to which the petition is directed, after giving the petitioner notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders or the public.
(c) Any person aggrieved by any failure of the commissioner to act or make a determination required by this chapter may bring an action for mandate in the circuit court of Marion County to compel the commissioner to act or make such determination forthwith.
Formerly: Acts 1971, P.L.387, SEC.1. As amended by Acts 1981, P.L.244, SEC.10; P.L.7-1987, SEC.141.