Ind. Code § 27-1-25-6
Fiduciary status of administrator; fiduciary accounts
- (a) An administrator is a fiduciary in collecting or returning premiums or charges for the insurer with whom it has a written agreement for administrative services.
- (b) Funds collected by the administrator shall be immediately remitted to the person entitled to the funds or deposited in a fiduciary account, which shall be established and maintained by the administrator in a federally insured or state insured financial institution.
(c) The administrator shall maintain records clearly showing the deposits and withdrawals from the fiduciary account for each insurer with whom it has a written agreement for administrative services. The administrator shall furnish to the insurer:
- (1) upon the insurer's request, copies of the required records; and
- (2) at intervals specified in the written agreement, a periodic accounting of transactions performed by the administrator pertaining to the business underwritten by the insurer.
(d) Subject to the written agreement required by section 2 of this chapter, withdrawals from the fiduciary account shall only be made for the following:
- (1) Remittance to an insurer entitled to the funds.
- (2) Deposit in an account maintained in the name of the insurer with whom the administrator has a written agreement.
- (3) Transfer to and deposit in a claims paying account, with claims to be paid as required under section 7 of this chapter.
- (4) Payment to a group policyholder for remittance to the insurer entitled to the funds.
- (5) Payment to the administrator for its commission, fees, or charges.
- (6) Remittance of return premiums to the person entitled to the funds.
(e) An administrator may not pay any claim with money withdrawn from a fiduciary account established under subsection (b) in which premiums or charges are deposited.
As added by Acts 1980, P.L.168, SEC.2. Amended by Acts 1982, P.L.165, SEC.4; P.L.26-1991, SEC.20; P.L.160-2003, SEC.10.