Sec. 5. (a) A farm mutual insurance company has all the powers, rights, privileges, duties, and obligations of a company organized under IC 27-1-6 except where IC 27-1-6 is inconsistent with this article.

     (b) A farm mutual insurance company has the following:

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Terms Used In Indiana Code 27-5.1-2-5

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
(1) The power to borrow money.

(2) The ability to sue or be sued.

(3) The power to make contracts of insurance or indemnity with:

(A) a person;

(B) a firm;

(C) a public corporation;

(D) a private corporation;

(E) a board;

(F) an association;

(G) an estate; or

(H) a trustee or legal representative of an estate.

(4) The power to cede or obtain reinsurance from an insurance company legally operating in Indiana.

(5) The power to participate with a financially stable insurance company in:

(A) a plan for reinsurance; or

(B) catastrophe protection.

(6) The power to determine the qualifications and the manner by which to admit or withdraw policyholders.

(7) The power to use a common seal, which the farm mutual insurance company may change or alter.

(8) The power to purchase, lease, hold, and dispose of:

(A) real property; and

(B) personal property;

in the farm mutual insurance company’s name for use in carrying out the purposes of the farm mutual insurance company.

(9) The power to classify risks according to the hazards involved.

(10) The power to establish rates according to the classification of risk.

(11) The power to determine the acceptability of risk and hazards insured.

(12) The power to determine the cost of insurance issued by the farm mutual insurance company and the adjustment and payment of losses.

(13) The power to determine the compensation of directors and officers of the farm mutual insurance company.

(14) The power to require that directors and officers of the farm mutual insurance company be bonded in the performance of the duties of the directors and officers.

(15) The power to adopt or amend bylaws and articles of incorporation of the farm mutual insurance company.

(16) The power to adopt or amend policy forms and application forms used by the farm mutual insurance company.

As added by P.L.129-2003, SEC.8.