§ 34-18-15-3 — Demand in excess of policy limits; procedure

If a health care provider or its insurer has
agreed to settle its liability on a claim by payment of its policy limits
established in IC 34-18-14-3(b) and IC 34-18-14-3(d), and the claimant
is demanding an amount in excess of that amount, the following
procedure must be followed:
(1) A petition shall be filed by the claimant in the court named in
the proposed complaint, or in the circuit or superior court of
Marion County, at the claimant's election, seeking:
(A) approval of an agreed settlement, if any; or
(B) demanding payment of damages from the patient's
compensation fund.
(2) A copy of the petition with summons shall be served on the
commissioner, the health care provider, and the health care
provider's insurer, and must contain sufficient information to
inform the other parties about the nature of the claim and the
additional amount demanded.
(3) The commissioner and either the health care provider or the
insurer of the health care provider may agree to a settlement with
the claimant from the patient's compensation fund, or the
commissioner, the health care provider, or the insurer of the
health care provider may file written objections to the payment of
the amount demanded. The agreement or objections to the
payment demanded shall be filed within twenty (20) days after
service of summons with copy of the petition attached to the
summons.
(4) The judge of the court in which the petition is filed shall set
the petition for approval or, if objections have been filed, for
hearing, as soon as practicable. The court shall give notice of the
hearing to the claimant, the health care provider, the insurer of the
health care provider, and the commissioner.
(5) At the hearing, the commissioner, the claimant, the health care
provider, and the insurer of the health care provider may
introduce relevant evidence to enable the court to determine
whether or not the petition should be approved if the evidence is
submitted on agreement without objections. If the commissioner,
the health care provider, the insurer of the health care provider,
and the claimant cannot agree on the amount, if any, to be paid
out of the patient's compensation fund, the court shall, after
hearing any relevant evidence on the issue of claimant's damage
submitted by any of the parties described in this section,
determine the amount of claimant's damages, if any, in excess of
the health care provider's policy limits established in IC 34-18-14-3(b) and IC 34-18-14-3(d) already paid by the insurer
of the health care provider. The court shall determine the amount
for which the fund is liable and make a finding and judgment
accordingly. In approving a settlement or determining the amount,
if any, to be paid from the patient's compensation fund, the court
shall consider the liability of the health care provider as admitted
and established.
(6) A settlement approved by the court may not be appealed. A
judgment of the court fixing damages recoverable in a contested
proceeding is appealable pursuant to the rules governing appeals
in any other civil case tried by the court.
(7) A release executed between the parties does not bar access to
the patient's compensation fund unless the release specifically
provides otherwise.
[Pre-1998 Recodification Citation: 27-12-15-3.]

Legislative History

As added by P.L.1-1998, SEC.13. Amended by P.L.233-1999, SEC.15; P.L.182-2016, SEC.11.