Terms Used In Indiana Code > Title 4 > Article 33 > Chapter 2 - Definitions

• Accepting insurer: means the insurer that is a party to a reinsurance transaction and that reinsures insurance, annuity, and endowment risks or liabilities of another insurer. See Indiana Code 27-6-1.1-1
• account: means any one (1) of the three (3) accounts created by section 5 of this chapter. See Indiana Code 27-6-8-4
• account owner: means an Indiana resident who is the owner of a retained asset account. See Indiana Code 27-2-23-3
• 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.
• Affordable Care Act: refers to the federal Patient Protection and Affordable Care Act (P. See Indiana Code 27-2-29-1
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• annuity: refers to an annuity contract issued in Indiana after June 30, 2015. See Indiana Code 27-2-23-4
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• association: means the Indiana Insurance Guaranty Association created by section 5 of this chapter. See Indiana Code 27-6-8-4
• Assumption reinsurance: means a transaction in which one (1) insurer assumes all or a portion of the insurance, annuity, and endowment risks or liabilities of another insurer and thereby becomes directly and primarily liable to the insured, beneficiary, or policyholder under the policies and contracts subject to the reinsurance transaction. See Indiana Code 27-6-1.1-1
• 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
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• authorized agency: means the following:

  Indiana Code 27-2-24-2

• Automated Clearing House Network payment: means a payment made under National Automated Clearing House Association standards adopted in Indiana Code 27-4-10-1
• automobile policy: means a policy providing one (1) or more of the types of insurance described in Class 2(f) of IC 27-1-5-1. See Indiana Code 27-2-28-2
• available insurance proceeds: means :

  Indiana Code 27-2-24-3

• 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}
• Ceding insurer: means the insurer that is a party to a reinsurance transaction and whose insurance, annuity, and endowment risks or liabilities are reinsured. See Indiana Code 27-6-1.1-1
• 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: refers to the insurance commissioner appointed under IC 27-1-1-2. See Indiana Code 27-2-27-3
• Commissioner: means the insurance commissioner of this state. See Indiana Code 27-3-3-1
• Commissioner: shall mean the commissioner of insurance of this state. See Indiana Code 27-4-6-2
• commissioner: means the commissioner of insurance of this state. See Indiana Code 27-6-8-4
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• consumer: means a resident of Indiana whose nonpublic information is in a licensee's possession, custody, or control. See Indiana Code 27-2-27-4
• 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.
• coverage: means the right of an individual to receive:

  Indiana Code 27-2-25-1

• covered claim: means an unpaid claim which arises out of and is within the coverage and not in excess of the applicable limits of an insurance policy to which this chapter applies issued by an insurer, if the insurer becomes an insolvent insurer after the effective date (January 1, 1972) of this chapter and (a) the claimant or insured is a resident of this state at the time of the insured event or (b) the property from which the claim arises is permanently located in this state. See Indiana Code 27-6-8-4
• covered individual: means an individual who is entitled to coverage from a health carrier. See Indiana Code 27-2-25-2
• cybersecurity event: means an event resulting in unauthorized access to or a disruption or misuse of an information system or nonpublic information stored on the information system that has a reasonable likelihood of materially harming a consumer or any material part of the normal operations of the licensee. See Indiana Code 27-2-27-5
• death master file: refers to :

  Indiana Code 27-2-23-5

• death master file match: means the result of a search of a death master file that indicates a match of a person's name with the person's:

  Indiana Code 27-2-23-6

• 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: means the department of insurance created by IC 27-1-1-1. See Indiana Code 27-2-27-6
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Docket: A log containing brief entries of court proceedings.
• Domestic insurer: means a stock insurance company organized under the laws of this state. See Indiana Code 27-3-3-1
• 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
• encrypted: means the transformation of data into a form that results in a low probability of assigning meaning without the use of a protective process or key. See Indiana Code 27-2-27-7
• episode of care: means the medical care ordered to be provided for a specific medical procedure, condition, or illness. See Indiana Code 27-2-25-2.5
• 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
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• good faith estimate: means a health carrier's reasonable estimate of:

  Indiana Code 27-2-25-3

• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• health carrier: means an entity:

  Indiana Code 27-2-25-4

• health carrier: means the following entities:

  Indiana Code 27-2-26-1

• 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: has the meaning set forth in IC 27-13-1-19. See Indiana Code 27-2-29-2
• 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
• high net worth insured: means the following:

  Indiana Code 27-6-8-4

• in network: when used in reference to a practitioner, means that the health care services provided by the practitioner are subject to a health carrier's network plan. See Indiana Code 27-2-25-5
• 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}
• Indemnity reinsurance: means a transaction in which one (1) insurer agrees to indemnify another insurer for all or a portion of the insurance, annuity, and endowment risks or liabilities of the ceding insurer. See Indiana Code 27-6-1.1-1
• information security program: means the administrative, technical, and physical safeguards that a licensee uses to access, collect, distribute, process, protect, store, use, transmit, dispose of, or otherwise handle nonpublic information. See Indiana Code 27-2-27-8
• information system: means either of the following:

  Indiana Code 27-2-27-9

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• innocent coinsured: means an individual who:

  Indiana Code 27-2-24-5

• insolvent insurer: means (a) a member insurer holding a valid certificate of authority to transact insurance in this state either at the time the policy was issued or when the insured event occurred and (b) against whom a final order of liquidation, with a finding of insolvency, to which there is no further right of appeal, has been entered by a court of competent jurisdiction in the company's state of domicile. See Indiana Code 27-6-8-4
• insured: means an individual who is the first named insured on the declarations page of a personal automobile or homeowner's policy. See Indiana Code 27-2-28-4
• insurer: means an insurance company that issues or delivers a policy of property or casualty insurance. See Indiana Code 27-2-24-6
• insurer: refers to an insurer (as defined in IC 27-1-2-3) that issues a personal automobile or homeowner's policy. See Indiana Code 27-2-28-5
• insurer: has the meaning set forth in IC 27-1-2-3(x). See Indiana Code 27-2-29-3
• 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.
• knowledge of death: means one (1) of the following:

  Indiana Code 27-2-23-7

• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• licensee: means a person that is:

  Indiana Code 27-2-27-10

• Marketplace plan: means :

  Indiana Code 27-2-29-4

• material change: means :

  Indiana Code 27-2-28-6

• member insurer: means any person who is licensed or holds a certificate of authority under IC 27-1-6-18 or IC 27-1-17-1 to transact in Indiana any kind of insurance for which coverage is provided under section 3 of this chapter, including the exchange of reciprocal or inter-insurance contracts. See Indiana Code 27-6-8-4
• 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.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• multi-factor authentication: means authentication through verification of at least two (2) of the following types of authentication factors:

  Indiana Code 27-2-27-11

• net direct written premiums: means direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums thereon and dividends paid or credited to policyholders on such direct business. See Indiana Code 27-6-8-4
• network: means a group of provider facilities and practitioners that:

  Indiana Code 27-2-25-6

• nonemergency health care service: means a discrete service or series of services ordered by a practitioner for an episode of care for the:

  Indiana Code 27-2-25-8

• nonpublic information: means electronic information that is not publicly available information and is described in either of the following subdivisions:

  Indiana Code 27-2-27-12

• Oath: A promise to tell the truth.
• Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Parent corporation: means a corporation organized for any purpose under the laws of this state or any other jurisdiction that owns, directly or indirectly, at least ninety percent (90%) of the issued and outstanding voting stock of a domestic insurer. See Indiana Code 27-3-3-1
• 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: refers to an insured, annuity owner, annuitant, or a retained asset account owner. See Indiana Code 27-2-23-8
• person: means an individual, an aggregation of individuals, a corporation, a partnership, or another entity. See Indiana Code 27-6-8-4
• Plaintiff: The person who files the complaint in a civil lawsuit.
• plan sponsor: means an individual or entity that offers health insurance coverage to its employees or members through a self-funded health benefit plan, including:

  Indiana Code 27-2-25.5-0.5

• policy: means a policy or certificate issued in Indiana after June 30, 2015, that provides the kind of insurance described in Class 1 of IC 27-1-5-1. See Indiana Code 27-2-23-9
• policy of accident and sickness insurance: means a policy or contract providing one (1) or more of the kinds of insurance described in Class 1(b) or 2(a) of IC 27-1-5-1. See Indiana Code 27-2-29-5
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• practitioner: means :

  Indiana Code 27-2-25-9

• 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.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• property or casualty insurance: means a type of insurance described in Class 2 and Class 3 of IC 27-1-5-1. See Indiana Code 27-2-24-7
• provider: means :

  Indiana Code 27-2-25-10

• 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

• provider facility: means any of the following:

  Indiana Code 27-2-25-11

• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• publicly available information: means any information that a licensee has a reasonable basis to believe is lawfully made available to the general public from:

  Indiana Code 27-2-27-13

• qualified health plan: has the meaning set forth in Section 1301 of the Affordable Care Act, Indiana Code 27-2-29-6
• Quorum: The number of legislators that must be present to do business.
• record keeping services: means an insurer's responsibility, under an agreement with a group policy owner, to obtain, maintain, and administer in the insurer's system information concerning each individual insured under a group policy (or a line of coverage under a group policy), including at least the following:

  Indiana Code 27-2-23-10

• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residents: shall mean and include person, partnership, limited liability company, or corporation, domestic, alien, or foreign. See Indiana Code 27-4-6-2
• retained asset account: refers to a retained asset account that is issued in Indiana after June 30, 2015. See Indiana Code 27-2-23-10.2
• risk assessment: means the assessment a licensee is required to conduct under section 17 of this chapter. See Indiana Code 27-2-27-14
• 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.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Subsidiary insurer: means a domestic insurer, at least ninety percent (90%) of the issued and outstanding voting stock of which is owned by a parent corporation. See Indiana Code 27-3-3-1
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• third party service provider: means a person that contracts with a licensee to maintain, process, store, or otherwise is permitted access to nonpublic information through its provision of services to the licensee. See Indiana Code 27-2-27-15
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trustee: A person or institution holding and administering property in trust.
• 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.
• Verdict: The decision of a petit jury or a judge.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• virtual claim payment: means a type of electronic funds transfer in which:

  Indiana Code 27-4-10-9

• Voting stock: means shares issued by a domestic insurer, the record holders of which are entitled to vote at each election of directors of the domestic insurer, and securities convertible into or evidencing a right to acquire the shares. See Indiana Code 27-3-3-1
• 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