Indian Country Insurance, Inc.

An American Indian Owned Insurance Company

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Frequently Asked Questions

 

Is ICI truly an American Indian owned business?

Yes.  Unlike many other traditional insurance companies offering a workers’ compensation product, ICI is an American Indian owned business.  ICI is incorporated under the Torres Martinez Desert Cahuilla Tribe’s Business Corporation Act.

 

What businesses are eligible?

Any tribal government, tribal enterprise, or any individually-owned American Indian enterprise is eligible to participate in ICI’s Occupational Injury Program (OIP) provided they are located on tribal trust land or on land owned by the tribe and under the tribe’s jurisdiction.

 

How much will the program cost?

The initial cost should be 10-15% lower than your current workers’ compensation program.  In addition, if you have low claims costs during the period of coverage, you may have the opportunity to share in the savings through ICI’s earned premium credit.

 

What is the earned premium credit?

ICI offers clients the ability to share in the savings that are realized with controlled expenses and losses, good risk management programs and safe working environments.  Unlike traditional workers’ compensation insurance companies, where profits are given only to the stockholders, rates are continually increased and the policy holder is forced to pay excessive premiums, ICI shares the savings that are realized and offers clients an earned premium credit that is used to reduce future premiums.

 

Traditional Workers’ Compensation

ICI’s OIP

Non-Indian focused

State regulated

State law and courts

Inflexible

Attorney focused

Unlimited liability

Requires waiver of sovereignty

No return of savings

Covers employees for:

Wage loss

Medical costs

Body part loss

Funeral expenses

 

Indian focused and owned

Tribal program

Tribal law and courts

Flexible

Arbitration focused

Capped liability

No waiver of sovereignty

Earned premium credits

Covers employees for:

Wage loss

Medical costs

Body part loss

Funeral expenses

 

 

Does the tribe have to pass any type of ordinance to participate?

No.  The OIP provides a benefit schedule for lost wages, medical costs and loss of use of body parts.  If a tribe has an existing ordinance for workers’ compensation, ICI can administer the tribe’s program if the benefit levels of the tribal ordinance are comparable to the benefits provided under the OIP. 

 

Does the tribe have to waive sovereignty immunity to participate?

No.  A tribe does not have to waive sovereign immunity in order to participate in the OIP program.  The ICI policy has a very limited waiver of sovereign immunity with respect to the agreement itself, but there is no waiver of sovereign immunity required with respect to the employer/employee relationship.

 

Are the “exclusions” the same as traditional workers’ compensation?

No.  ICI has made a few specific exclusions intended to target fraudulent claims that traditionally inflate the cost of workers’ compensation coverage.  ICI is designed to be a cost-effective alternative to workers’ compensation and the exclusions are intended to minimize fraud while providing excellent benefits for legitimate work-related claims.

 

Is ICI’s program subject to state law or state courts?

No.  ICI operates the OIP program under the sovereign jurisdiction of tribes.   The program is confined to Indian Country, which includes designated Indian reservations, trust land, allotted land and land under the control of a tribe for which it has civil jurisdiction.   ICI’s program requires binding arbitration under a tribal system, the Intertribal Court of Southern California.

 

How can ICI offer a program that is less expensive than traditional workers’ compensation?

ICI’s discounted rates reflect the following:

 

bulletNo state taxes
bulletNo state fees
bulletNo rating bureau fees
bulletNo state-assigned risk or second injury fund assessments
bulletNo insurance agency commissions
bulletReduced attorney costs
bulletComparable coverage with a capped limit of liability

 

Who is responsible for underwriting and claims administration?

ICI has partnered with Tribal Insurance Solutions, a subsidiary of Intercare Insurance Services to facilitate underwriting and claims administration.  Intercare Insurance Services has over ten years of experience in the workers’ compensation area.

 

How would you determine if an injury is legitimate?

Intercare Insurance Services, under the direction of ICI, will investigate a claim to determine if it is legitimate.  The employer, injured employee and other employees may be interviewed to validate questionable claims.  It is not the intent of ICI to deny claims made by injured employees.  It is our intent to verify that the injury occurred on the job.

 

Will one or two claims have a negative impact on our rates?

Expected claims activity should not raise your rates.  Higher than expected claims activity will require a closer review of risk management programs from ICI to identify possible areas for improvement.  Uncontrolled claims will, over time, lead to increased premiums.  

 

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Last modified: 02/07/07