CHAPTER 17. INSURANCE: IMMUNITY FOR ACTS OR OMISSIONS IN MAKING INSURANCE INSPECTIONS
IC 34-30-17
Chapter 17. Insurance: Immunity for Acts or Omissions in Making
Insurance Inspections
IC 34-30-17-1
Applicability of chapter
Sec. 1. This chapter applies to all insurers, including farm mutual
insurance companies operating under IC 27-5.1.
As added by P.L.1-1998, SEC.26. Amended by P.L.129-2003,
SEC.14.
IC 34-30-17-2
Exemption from civil liability
Sec. 2. Except as provided in section 3 of this chapter, an act or
omission in the making of an inspection in connection with the
issuance or renewal of a policy of casualty or fire and marine
insurance does not subject an insurer or its:
(1) agents;
(2) employees; or
(3) service contractors;
to civil liability for any injury, death, or loss.
As added by P.L.1-1998, SEC.26.
IC 34-30-17-3
Exemption from civil liability; exceptions
Sec. 3. The exemption from civil liability in section 2 of this
chapter does not apply to:
(1) any injury, loss, or death that:
(A) occurs during an inspection; and
(B) is proximately caused by the negligence of the insurer or
its agent, employee, or service contractor;
(2) an inspection that is required under a written service
contract; or
(3) any injury, loss, or death proximately caused by an act or
omission that constitutes:
(A) a criminal offense;
(B) gross negligence; or
(C) willful or wanton misconduct.
As added by P.L.1-1998, SEC.26.