Sec. 16. (a) A presumption of control arising under section 1(e) of this chapter may be rebutted by a showing made in the manner provided under IC 27-1-23-3(k) that control does not exist in fact.

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Terms Used In Indiana Code 27-1-25-16

  • Commissioner: refers to the insurance commissioner appointed under IC 27-1-1-2. See Indiana Code 27-1-25-1
  • Control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person, whether:

    Indiana Code 27-1-25-1

     (b) In the absence of a presumption that control exists in fact, the commissioner may determine that control exists in fact after:

(1) providing notice and an opportunity to be heard under IC 4-21.5 to all interested parties; and

(2) making specific findings of fact to support the determination.

As added by P.L.160-2003, SEC.21.

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