Ind. Code » Title 27
Indiana Code

Ind. Code § 27-8-8-3 (2026)

Creation of association; membership; accounts; supervision

✓ current as of May 2026
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     Sec. 3. (a) There is created a nonprofit legal entity referred to as the Indiana Life and Health Insurance Guaranty Association. A member insurer shall be and remain a member of the association as a condition of the member insurer's authority to transact insurance in Indiana. The association shall perform its functions under the plan of operation established and approved under section 7 of this chapter. The association shall exercise its powers through a board of directors established under section 4 of this chapter. For purposes of administration and assessment the association shall maintain the following two (2) accounts:

(1) The health account.

(2) The life insurance and annuity account, which includes the following subaccounts:

(A) The life insurance subaccount.

(B) The annuity subaccount, which includes annuity contracts issued to or in connection with a governmental benefit plan established under Section 401, 403(b), or 457 of the United States Internal Revenue Code, but otherwise excludes unallocated annuities.

(C) The unallocated annuity subaccount, which excludes annuity contracts issued to or in connection with a governmental benefit plan established under Section 401, 403(b), or 457 of the United States Internal Revenue Code.

     (b) The association is under the immediate supervision of the commissioner and subject to the applicable provisions of the insurance laws of Indiana.

As added by Acts 1978, P.L.129, SEC.3. Amended by P.L.130-1994, SEC.43; P.L.116-1994, SEC.61; P.L.193-2006, SEC.12; P.L.208-2018, SEC.15.

 

Notes of Decisions
Cited in 3 cases, 1979–1997 · leading case: Foremost Life Ins. v. Dep't of Ins., 409 N.E.2d 1092 (Ind. 1980).
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Foremost Life Ins. v. Dep't of Ins., 409 N.E.2d 1092 (Ind. 1980). · cites it 2× “CODE § 27-8-8-3. The policyholders of Foremost, whose certificates were reinsured by Keystone under the Treaty, are not entitled to any protection under the Indiana guaranty association statute.”
Bennett v. Indiana Life & Health Ins. Guar. Ass'n, 688 N.E.2d 171 (Ind. Ct. App. 1997). “Ind.Code 27-8-8-3. In the event that a foreign insurer becomes insolvent, the Act requires the Association to (1) “guarantee, assume, or reinsure or caused to be guaranteed, assumed, or reinsured the covered policies of residents,” and (2) “assure payment of the contractual…”
Foremost Life Ins. v. Dep't of Ins., 395 N.E.2d 418 (Ind. Ct. App. 1979). “Code § 27-8-8-3. The policyholders of Foremost, whose certificates were reinsured by Keystone under the Treaty, are not entitled to any protection under the Indiana guaranty association statute.”
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