IN Bulletin 13
Assessment plan insurance - health prohibition
Bulletin 13
ASSESSMENT PLAN INSURANCE -- HEALTH INSURANCE COVERAGE PROHIBITED
February 7, 1964
We wish to draw your attention to the concluding paragraphs of Attorney General Opinion No. 10
as issued by the Indiana Attorney General on February 6, 1964:
"The statute authorizing the creation of assessment plan companies does not specifically
authorize the writing of health insurance, as herein defined, nor can it be inferred, and such power not
being granted, the writing of such policies would be in excess of the powers of such a company formed
under this statute.
"It is my opinion that a mutual life and accident company organized and operating under the 1897
Act may not transact the business of writing health insurance. Having arrived at this conclusion, it
becomes apparent that your second question does not require an answer."
In accordance with the Attorney General's Opinion, the Department of Insurance rules: --
(1)
that any and all health insurance policy forms, or policy forms which include health
insurance coverage, which have been FILED with this Department by a mutual life and accident
insurance company organized and operating under the Acts 1897 are as of this date automatically
disapproved and withdrawn from file; and
(2)
that no health insurance policies, or policies which include health insurance coverage,
will be issued by a mutual life and accident insurance company organized and operating under the
Acts 1897 on or after February 10, 1964; and
l life and accident
insurance company organized and operating under the Acts 1897 are as of this date automatically
disapproved and withdrawn from file; and
(2)
that no health insurance policies, or policies which include health insurance coverage,
will be issued by a mutual life and accident insurance company organized and operating under the
Acts 1897 on or after February 10, 1964; and
(3)
that the disposition of any and all health insurance policies, or policies which include
health insurance coverage, which have been issued by a mutual life and accident insurance
company, organized and operating under the Acts 1897, prior to February 10, 1964 and according
to the records of the company are in full force and effect as of February 10, 1964 will be subject
to such action and treatment as determined by the Insurance Commissioner in consultation with
each such insurance company.
Harry E. McClain
Insurance Commissioner