Ind. Code » Title 27
Indiana Code

Ind. Code § 27-8-3-23 (2026)

Exemption of benefits and premiums from judicial process

✓ current as of May 2026
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     Sec. 23. (a) As used in this section, "premium" includes any deposit or contribution.

     (b) The money or benefit provided or rendered by any corporation, association, or society authorized to do business under this chapter shall not be liable to attachment by garnishee or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process, nor by any operation of law, to pay any debt or liability of a policy or certificate holder or any beneficiary named in the policy or certificate.

     (c) A premium paid for an individual life insurance policy that names as a beneficiary, or is legally assigned to, a spouse, child, or relative who is dependent upon the policy owner is not exempt from the claims of the creditors of the policy owner if the premium is paid:

(1) not more than one (1) year before the date of the filing of a voluntary or involuntary bankruptcy petition by; or

(2) to defraud the creditors of;

the policy owner.

     (d) The insurer issuing the policy is discharged from all liability by payment of the proceeds and avails of the policy (as defined in IC 27-1-12-14(b)) in accordance with the terms of the policy unless, before payment, the insurer has received at the insurer's home office, written notice by or on behalf of a creditor of the policy owner that specifies the amount claimed against the policy owner.

Formerly: Acts 1897, c.195, s.23. As amended by P.L.252-1985, SEC.292; P.L.253-1995, SEC.4; P.L.136-2018, SEC.192.

 

Notes of Decisions
Cited in 1 case, 2005–2005 · leading case: Stinnett v. LaPlante (In Re Stinnett), 321 B.R. 477 (S.D. Ind. 2005).
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Stinnett v. LaPlante (In Re Stinnett), 321 B.R. 477 (S.D. Ind. 2005). “1 *480 Ind.Code Ann. 27-8-3-23(b) (West 2004) (“I.”
Ind. Code § 27-8-3-23(b): 1 case
Stinnett v. LaPlante (In Re Stinnett), 321 B.R. 477 (S.D. Ind. 2005). “1 *480 Ind.Code Ann. 27-8-3-23(b) (West 2004) (“I.”
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