34-18-16-1. Advanced Payment Not Admission of Liability
Sec. 1. Except as provided in IC 34-18-15-3, any advance payment made by the defendant health care provider or the health care provider’s insurer to or for the plaintiff or any other person may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else in an […]
34-18-16-2. Admissibility; Payment Exceeds Liability of Defendant; Adjustment of Judgments
Sec. 2. (a) Evidence of an advance payment is not admissible until there is a final judgment in favor of the plaintiff. In this case the court shall reduce the judgment to the plaintiff to the extent of the advance payment. The advance payment inures to the exclusive benefit of the defendant or the defendant’s […]
34-18-16-3. Claim Not Assignable
Sec. 3. A patient’s claim for compensation under this article is not assignable. [Pre-1998 Recodification Citation: 27-12-16-3.] As added by P.L.1-1998, SEC.13.
34-18-17-1. Purpose of Chapter
Sec. 1. The purpose of this chapter is to make malpractice liability insurance available to risks (as defined in this article). [Pre-1998 Recodification Citation: 27-12-17-1.] As added by P.L.1-1998, SEC.13.
34-18-17-2. Residual Malpractice Authority Created
Sec. 2. (a) The residual malpractice insurance authority is created. (b) The department of insurance is designated as the residual malpractice insurance authority for the purposes of this article. (c) The authority may engage in making malpractice liability insurance, as described in IC 27-1-5-1, Class 2(h), in Indiana. [Pre-1998 Recodification Citation: 27-12-17-2.] As added by […]
34-18-17-3. Appointment of Risk Manager; Liability Limit
Sec. 3. The commissioner shall appoint a risk manager for the authority. The separate, personal, or independent assets of the risk manager are not liable for or subject to use or expenditure for the purpose of providing insurance by the authority. [Pre-1998 Recodification Citation: 27-12-17-3.] As added by P.L.1-1998, SEC.13.
34-18-17-4. Powers and Duties of Risk Manager
Sec. 4. In the administration and provision for malpractice liability insurance by the authority, the risk manager shall do the following: (1) Obey all Indiana statutes and rules that apply to insurance described in IC 27-1-5-1, Class 2(h). (2) Prepare and file appropriate forms with the department of insurance. (3) Prepare and file premium rates […]
34-18-17-5. Compensation of Risk Manager
Sec. 5. The risk manager shall receive, as compensation for services, a percentage of all premiums received by the risk manager under this chapter, as determined by the commissioner. The rate of compensation may be adjusted by the commissioner. [Pre-1998 Recodification Citation: 27-12-17-5.] As added by P.L.1-1998, SEC.13.
34-18-17-6. Applications for Insurance
Sec. 6. If a risk, after diligent effort, has been declined by at least two (2) insurers, the risk may forward an application to the risk manager, together with evidence of the two (2) declinations. [Pre-1998 Recodification Citation: 27-12-17-6.] As added by P.L.1-1998, SEC.13.
34-18-17-7. Rejection of Risk by Manager; Appeal
Sec. 7. If the risk manager declines to accept the risk, notice of declination, together with the reasons, shall be sent to the applicant and the commissioner. The applicant has ten (10) days after the date of notice to file an appeal for review by the commissioner. On appeal, the commissioner shall review the decision […]