Sec. 5. (a) This chapter applies to an insurer that obtains a certificate of authority under IC 27-1-3-20 as:

(1) a domestic insurer formed under IC 27-1-6;

(2) a foreign insurer that has become a domestic insurer under IC 27-1-6.5; or

(3) a foreign or an alien insurer under IC 27-1-17.

(b) An insurer that:

(1) obtains a certificate of authority authorizing the insurer to provide property or casualty insurance in Indiana; and

(2) provides property or casualty insurance covering risks in any location in Indiana;

may not cancel or refuse to issue or renew a policy of property or casualty insurance based solely on the geographical location of the risk within Indiana. This subsection does not preclude an insurer from refusing to issue or renew or from canceling a policy based on sound underwriting or actuarial principles reasonably related to actual or anticipated loss experience or any other sound business purpose.

(c) If an insurer is found by the commissioner to have violated subsection (b), the commissioner may, after a hearing, suspend or revoke the certificate of authority of the insurer.

(d) Any determination made by the commissioner under this section is subject to IC 4-21.5.

(e) Except as provided in subsection (f), the department has exclusive jurisdiction to investigate any alleged violation of this section.

(f) Subsection (e) is not intended to restrict the jurisdiction, if any, the civil rights commission may have under IC 22-9-1-4.

As added by P.L.130-1994, SEC.37 and P.L.116-1994, SEC.48.