Indiana Statutes

§ 27-9-3-38 — Claims in name of secured creditors

Indiana § 27-9-3-38
JurisdictionIndiana
Title 27INSURANCE
Art. 9SUPERVISION; REHABILITATION;
Ch. 3Formal Proceedings

This text of Indiana § 27-9-3-38 (Claims in name of secured creditors) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ind. Code § 27-9-3-38 (2026).

Text

Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person, fails to prove and file that claim, the other person may do so in the creditor's name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor's name, to the extent that he discharges the undertaking. However, in the absence of an agreement with the creditor to the contrary, the other person is not entitled to any distribution until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer's estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust f

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Bluebook (online)
Indiana § 27-9-3-38, Counsel Stack Legal Research, https://law.counselstack.com/statute/in/27-9-3-38.