Indiana § 34-53-1-2 Costs and expenses of asserting third party claim; payment by insurer
out of amount received from insured

Indiana Statutes

§ 34-53-1-2 — Costs and expenses of asserting third party claim; payment by insurer out of amount received from insured

Indiana § 34-53-1-2

Title 34CIVIL LAW AND PROCEDURE

Art. 53SUBROGATION

Ch. 1Subrogation of Insurers in Personal Injury Actions

This text of Indiana § 34-53-1-2 (Costs and expenses of asserting third party claim; payment by insurer out of amount received from insured) 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 § 34-53-1-2 (2026).

Text

An insurer claiming subrogation or reimbursement rights under this chapter shall pay, out of the amount received from the insured, the insurer's pro rata share of the reasonable and necessary costs and expenses of asserting the third party claim. These reasonable and necessary costs and expenses include and are not limited to the following:

(1)The cost of depositions.

(2)Witness fees.

(3)Attorney's fees to the lesser of:

(A)the amount contracted by the insured for the insured's portion of the claim; or

(B)thirty-three and one-third percent (33 1/3%) of the amount of the settlement. [Pre-1998 Recodification Citation: 34-4-41-4.]

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An insurer claiming subrogation or
reimbursement rights under this chapter shall pay, out of the amount
received from the insured, the insurer's pro rata share of the reasonable
and necessary costs and expenses of asserting the third party claim.
These reasonable and necessary costs and expenses include and are not
limited to the following:
(1) The cost of depositions.
(2) Witness fees.
(3) Attorney's fees to the lesser of:
(A) the amount contracted by the insured for the insured's
portion of the claim; or
(B) thirty-three and one-third percent (33 1/3%) of the amount
of the settlement.
[Pre-1998 Recodification Citation: 34-4-41-4.]