Sec. 1. As used in this chapter, “eligible person” refers to a person or the estate of a person that properly filed a claim with the state, in the form prescribed by the attorney general, before December 31, 2011, for physical injury or death resulting from an occurrence. As added by P.L.160-2012, SEC.62.
Sec. 10. (a) The attorney general may use the money in the supplemental fund to pay compensation to eligible persons as provided in this chapter. (b) After the estate of each eligible person whose death resulted from an occurrence has received seven hundred thousand dollars ($700,000), and each other eligible person who was physically injured […]
Sec. 11. The expenses incurred by the attorney general in carrying out this chapter (including any expenses for arbitrators, mediators, consultants, or any other experts) shall be paid from the state tort claim fund established to pay claims and expenses under IC 34-13-3-24. As added by P.L.160-2012, SEC.62.
Sec. 12. (a) An eligible person may assign to the attorney general the eligible person’s right to pursue a cause of action for the tortious breach of an insurer’s duty to deal with an insured person in good faith. (b) If the insurance commissioner believes that a person has engaged in any of the acts […]
Sec. 2. As used in this chapter, “occurrence” refers to one (1) or more acts or omissions by the state or employees of the state in connection with a single event occurring after July 31, 2011, and before September 1, 2011, that resulted in the death of seven (7) or more persons. As added by […]
Sec. 3. As used in this chapter, “supplemental fund” refers to the supplemental state fair relief fund established by section 9 of this chapter. As added by P.L.160-2012, SEC.62.
Sec. 4. (a) Recognizing the special conditions created by an occurrence, it is the intent of the general assembly to provide supplemental relief for victims of the occurrence. It is not the intent of the general assembly to revise the tort claims act in order to address the special situation of the occurrence. (b) The […]
Sec. 5. (a) The attorney general shall attempt to resolve before January 1, 2013, all claims and suits brought against the state or its employees for an occurrence for an amount that, in the aggregate, does not exceed eleven million dollars ($11,000,000), consisting of: (1) five million dollars ($5,000,000) paid from the state tort claim […]
Sec. 6. (a) To receive a distribution under this chapter for an occurrence, an eligible person must have already released all governmental entities and public employees from any liability for loss resulting from the occurrence. The release must be in a form that is satisfactory to the attorney general. (b) A distribution may not be […]
Sec. 7. The amount payable after December 31, 2011, as provided in section 5(b) of this chapter to an eligible person shall be reduced by any amount that was paid under IC 34-13-3 from the state tort claim fund before January 1, 2012, for the death or physical injury. As added by P.L.160-2012, SEC.62.
Sec. 8. If an eligible person is represented by an attorney regarding compensation from the supplemental fund, the attorney’s fees paid to the attorney or attorneys for the representation of the eligible person regarding compensation from the supplemental fund may not exceed, in aggregate, ten percent (10%) of the total compensation paid to the eligible […]
Sec. 9. (a) The supplemental state fair relief fund is established for the purpose of providing supplemental relief to the victims of the occurrence. (b) The supplemental fund consists of grants, donations, and appropriations made by the general assembly. The supplemental fund shall be administered by the attorney general. The treasurer of state shall invest […]
