Terms Used In Indiana Code > Title 27 > Article 4 - Unfair Competition; Unauthorized Insurers; Foreign Insurers

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
• Automated Clearing House Network payment: means a payment made under National Automated Clearing House Association standards adopted in Indiana Code 27-4-10-1
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• body part: means a replacement for any of the nonmechanical sheet metal or plastic parts that generally constitute the exterior of a motor vehicle. See Indiana Code 27-4-1.5-1
• body shop: means a business that repairs damage to the exterior of motor vehicles. See Indiana Code 27-4-1.5-2
• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commissioner: shall mean the commissioner of insurance of this state. See Indiana Code 27-4-6-2
• Commissioner: shall mean the insurance commissioner of this state appointed pursuant to, and on and in whom the powers, duties, management, and control of the department are conferred and vested by, the provisions of IC 27-1. See Indiana Code 27-4-1-2
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• consumer: means an individual who receives a recommendation to purchase or exchange an annuity that results in the recommended purchase or exchange. See Indiana Code 27-4-9-2
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• dental care: means services provided by a dentist within the scope of the dentist's licensure under IC 25-14. See Indiana Code 27-4-10-2
• dental provider: means :

  Indiana Code 27-4-10-3

• Department: shall mean the department of insurance of this state created and defined as a department in the state government of the state of Indiana by IC 27-1. See Indiana Code 27-4-1-2
• Docket: A log containing brief entries of court proceedings.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• electronic funds transfer payment: includes a payment by any method of electronic funds transfer other than an Automated Clearing House Network payment. See Indiana Code 27-4-10-4
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Executor: A male person named in a will to carry out the decedent
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• health insurance plan: means :

  Indiana Code 27-4-10-5

• health insurer: means an entity or person that issues a health insurance plan. See Indiana Code 27-4-10-6
• health maintenance organization: means an entity that provides or arranges for delivery of dental care under a certificate of authority issued under IC 27-13. See Indiana Code 27-4-10-7
• in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• insured: means a person who is entitled to the coverage provided by an insurance policy. See Indiana Code 27-4-1.5-3
• insurer: has the meaning set forth in IC 27-1-2-3. See Indiana Code 27-4-1.5-4
• 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
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• motor vehicle: has the meaning set forth in IC 9-13-2-105. See Indiana Code 27-4-1.5-5
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: shall mean any individual, corporation, company including any farm mutual insurance company, association, partnership, firm, reciprocal exchange, inter-insurer, Lloyds insurers, society, fraternal benefit society, lodge, order, council, corps, and any other association or legal entity, engaged in the business of insurance, including but not in limitation of the foregoing, insurance producers, brokers, solicitors, advisors, auditors, and adjusters. See Indiana Code 27-4-1-2
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• provider billing agent: means a person or entity that contracts with a dental provider to provide billing services for the dental provider, including:

  Indiana Code 27-4-10-8

• real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Residents: shall mean and include person, partnership, limited liability company, or corporation, domestic, alien, or foreign. See Indiana Code 27-4-6-2
• securities commissioner: refers to the commissioner appointed by the secretary of state under IC 23-19-6-1(a). See Indiana Code 27-4-9-1
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Statute: A law passed by a legislature.
• 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
• Venue: The geographical location in which a case is tried.
• virtual claim payment: means a type of electronic funds transfer in which:

  Indiana Code 27-4-10-9

• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5