Certificate of insurance; insurance policy; coverage; exceptions
Sec. 2.5. (a) Except as provided in subsection (g) or (h), the office
may not issue a permit under this chapter until the applicant has filed
with the office a certificate of insurance indicating that the applicant
has liability insurance:
(1) in effect with an insurer that is authorized to write insurance
in Indiana on the operation of regulated amusement devices;
and
(2) except for an applicant that is subject to the provisions of
IC 34-13-3, that provides coverage to a limit of at least:
(A) one million dollars ($1,000,000) per occurrence and five
million dollars ($5,000,000) in the annual aggregate;
(B) five hundred thousand dollars ($500,000) per occurrence
and two million dollars ($2,000,000) in the annual aggregate
if the applicant operates only:
(i) a ski lift;
(ii) a surface lift or tow; or
(iii) both items (i) and (ii); or
(C) one million dollars ($1,000,000) per occurrence and two
million dollars ($2,000,000) in the annual aggregate if the
applicant operates only regulated amusement devices that
are designed to be used and are ridden by persons who are
not more than forty-two (42) inches in height.
(b) An insurance policy required under this section may include
a deductible clause if the clause provides that any settlement made
by the insurance company with an injured person or a personal
representative must be paid as though the deductible clause did not
apply.
(c) An insurance policy required under this section must provide
by the policy's original terms or an endorsement that the insurer may
not cancel the policy without:
(1) thirty (30) days written notice; and
(2) a complete report of the reasons for the cancellation to the
office.
(d) An insurance policy required under this section must provide
by the policy's original terms or an endorsement that the insurer shall
report to the office within twenty-four (24) hours after the insurer
pays a claim or reserves any amount to pay an anticipated claim that
reduces the liability coverage to a limit of less than one million
dollars ($1,000,000) because of bodily injury or death in an
occurrence.
(e) If an insurance policy required under this section:
(1) is canceled during the policy's term;
(2) lapses for any reason; or
(3) has the policy's coverage fall below the required amount;
the permittee shall replace the policy with another policy that
complies with this section.
(f) If a permittee fails to file a certificate of insurance for new or
replacement insurance, the permittee:
(1) must cease all operations under the permit immediately; and
(2) may not conduct further operations until the permittee
receives the approval of the office to resume operations after
the permittee complies with the requirements of this section.
(g) The office may issue a permit under this chapter to an
applicant that:
(1) is subject to IC 34-13-3; and
(2) has not filed a certificate of insurance under subsection (a);
if the applicant has filed with the office a notification indicating that
the applicant is self-insured for liability.
(h) The office may reduce the annual aggregate liability insurance
coverage required under subsection (a)(2)(A) to one million dollars
($1,000,000) in the annual aggregate for an applicant that:
(1) operates only regulated amusement devices that are bull ride
simulators that are multiride electric units with bull ride
attachments; and
(2) otherwise complies with the requirements of this chapter.
As added by P.L.166-1997, SEC.7. Amended by P.L.141-2003,
SEC.21; P.L.166-2005, SEC.2.
Last modified: May 27, 2006