§ 27-1-29.1-18 — Punitive damages; bodily injury or property damage; installment payments; structured settlements

Indiana § 27-1-29.1-18

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

Text

(a) No amount may be paid from the fund
in respect of punitive damages paid by or assessed against a member
of the fund.
(b) No amount may be paid from the fund in the case of a liability
based upon bodily injury or property damage arising out of the
discharge, dispersal, release, or escape of smoke, vapors, soot, fumes,
acids, alkalis, toxic chemicals, liquids, gases, waste materials, or other
irritants, contaminants, or pollutants into or upon land, the atmosphere,
or any watercourse or body of water unless the discharge, dispersal,
release, or escape:
(1) is caused by an act or omission of a political subdivision that
is a member of the fund; and
(2) occurs as a result of:
(A) a household hazardous waste; or
(B) a conditionally exempt small quantity generator (as
described in 40 CFR 261.5(a);
collection, disposal, or recycling project conducted by or
controlled by the political subdivision.
(c) The commissioner may pay a liability of a member of the fund
in a series of annual payments. The amount of any annual payment
under this subsection based upon the injury to or death of one (1)
person in any one (1) occurrence must be one hundred thousand dollars
($100,000) or more, except for the final payment in a series of
payments.
(d) The commission may negotiate a structured settlement of any
claim.
(e) As used in this section, "household hazardous waste" means
solid waste generated by households that consists of or contains a
material that is:
(1) ignitable, as described in 40 CFR 261.21;
(2) corrosive, as described in 40 CFR 261.22;
(3) reactive, as described in 40 CFR 261.23; or
(4) toxic, as described in 40 CFR 261.24.

Legislative History

As added by P.L.272-1987, SEC.7. Amended by P.L.256-1995, SEC.2.