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The Consumer Protection Unit (CPU) at IDOI ensures fair market conduct and enforces insurance laws. We handle disputes, licensing, and investigate misconduct by licensed entities.
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IDOI Consumer Protection Unit (CPU) Dispute Resolution and Insurance Law Enforcement
Consumer Protection Unit Market Conduct Division Title Division Enforcement Division Consumer Services Division
Licensed Entities Regulated by IDOI • Independent or company insurance producers (“agents”) • Bail Bond and Recovery Agents • Real Estate Title Agents • Independent Adjusters • Public Adjusters (represent the insured in property damage claims against the insurance company) • Consultants
Producer (Agent) Licensing • Check for criminal background • Many types of crimes will bar a person from being licensed. • Check for license actions in other states • Or FINRA • Monitor the existing agency force • Following Indiana insurance laws and regulations?
MISAPPROPRIATION Improperly withholding or converting any monies or properties Financial irresponsibility in the conduct of business
MISREPRESENTATION Misrepresenting the terms of an insurance contract or application Providing materially untrue information in a policy application Attempting to obtain a license through misrepresentation or fraud
Reasons to Take Action Against a LicenseIndiana Code § 27-1-15.6-12 • Incompetence • Providing incorrect coverage • Not being available to service policies • Poor communication • Not following customer’s’ instructions in writing coverage • Being otherwise untrustworthy in business
Forging another’s name to any document related to an insurance transaction Improperly using notes or other material to complete a license exam Accepting insurance business from an unlicensed individual
ALSO FOR… • Having a criminal conviction • Using unfair trade practices • Failing to pay State Income Tax • Failing to pay Child Support • Having an administrative action issued by another state or territory • Violating an order of an insurance commissioner; of Indiana or another state
Enforcement Actions • Agreements to end disputes • Hearings • Either course of completion will result in an order from the Commissioner, if action is taken • Orders are public records and are posted online at www.idoi.in.gov
COMPLAINTS • A complaint is often the trigger that starts a CPU investigation • Consumer Services – attempting resolution of a misunderstanding or coverage issue • Payment of claims • Issues with Agents • Enforcement Cases • Complaints or CS cases that may require administrative action against a licensee
Unfair Claims Settlement Practices • Statute lists such practices • IC § 27-4-1-4.5 • Such practices include: • Taking too long (more than a “reasonable”) amount of time to make a claim or coverage decision • Not doing a complete investigation before denying a claim • Failing to adopt reasonable standards for handling claims • “Low balling” claims, thereby forcing litigation.