§ 27-1-29.1-10 — Liabilities qualifying for partial payment from fund; notice of claim

Indiana § 27-1-29.1-10

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 29.1: Political Subdivision Catastrophic Liability Fund

Text

(a) The commissioner, using money from
the fund, shall pay a part of every liability that qualifies for partial
payment under this chapter and under the terms of the coverage
provided by the commission according to rules adopted under this
chapter.
(b) A liability of a member of the fund that has no underlying
coverage or that has occurrence basis underlying coverage qualifies for
partial payment under this chapter if it:
(1) is a liability covered under the coverage document issued by
the commission to the member;
(2) arises out of an act or omission that takes place while the
political subdivision bearing the liability is a member of the fund;
and
(3) satisfies the minimum total amount requirement set forth in
section 12 of this chapter.
(c) A liability of a member of the fund that has claims made basis
underlying coverage qualifies for partial payment under this chapter if
it:
(1) is a liability covered under the coverage document issued by
the commission to the member;
(2) arises out of an act or omission with respect to which a claim
is made while the political subdivision bearing the liability is a
member of the fund;
(3) is covered by the underlying coverage; and
(4) satisfies the minimum total amount requirement set forth in
section 12 of this chapter.
(d) For the purposes of subsection (c)(2) and section 11 of this
chapter, the question of when and how a claim is made shall be
determined by the provisions of the insurance policy providing the
underlying coverage. However, if the underlying coverage is not
applicable to a liability, a claim is considered to have been made for
purposes of subsection (c)(2) when notice of a claim giving rise to the
liability is received by the fund member from the claimant or the
claimant's representative.

Legislative History

As added by P.L.272-1987, SEC.7. Amended by P.L.159-1988, SEC.2.