Sec. 4. (a) Before any unauthorized foreign or alien insurer shall file or cause to be filed any pleading in any action, suit, or proceeding instituted against it, such unauthorized insurer shall:

(1) deposit, with the clerk of the court in which such action, suit, or proceeding is pending, cash or securities, or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action; or

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Terms Used In Indiana Code 27-4-4-4

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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 interinsurers, or individual underwriters. See Indiana Code 27-4-4-2
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(2) procure a certificate of authority to transact the business of insurance in this state.

     (b) The court in any action, suit, or proceeding, in which service is made in the manner provided in section 3 of this chapter may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) and to defend such action.

     (c) Nothing in subsection (a) is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ or to set aside service made in the manner provided in section 3 of this chapter on the ground either:

(1) that such unauthorized insurer has not done any of the acts enumerated in section 3(a) of this chapter; or

(2) that the person on whom service was made pursuant to section 3(c) of this chapter was not doing any of the acts enumerated in section 3(c) of this chapter.

Formerly: Acts 1955, c.203, s.4. As amended by P.L.252-1985, SEC.161; P.L.136-2018, SEC.173.

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