§ 34-53-1-5 — Limitation on subrogation and reimbursement rights of persons paying benefits or compensation against fund; appeal

Indiana § 34-53-1-5

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 53: SUBROGATION
• Ch. 1: Subrogation of Insurers in Personal Injury Actions

Text

(a) Notwithstanding any statutory right,
common law right, or agreement to the contrary, a person who pays
benefits or compensation to or on behalf of an eligible person (as
defined in IC 34-13-8-1) for an occurrence (as defined in IC 34-13-8-2)
does not have a subrogation or other right, including any rights
otherwise provided under this chapter, to recover those benefits or
compensation paid from the supplemental state fair relief fund by
making a claim against the state, or by making a claim, or recovering
from payments made to an eligible person (as defined in IC 34-13-8-1)
for an occurrence (as defined in IC 34-13-8-2) under IC 34-13-8.
(b) Not later than forty (40) days after a distribution under IC 34-13-8 is paid, a person who believes that the state cannot
constitutionally prohibit assertion of a subrogation or other claim
described in subsection (a), and who claims the subrogation or other
interest against the state, or against a distribution paid from the
supplemental state fair relief fund to an eligible person (as defined in
IC 34-13-8-1) for an occurrence (as defined in IC 34-13-8-2) under IC 34-13-8 must provide written notice to the attorney general and the
eligible person of the person's intent to assert that interest. Failure to
provide timely written notice to the attorney general under this section
constitutes a waiver of the claims described in this section.

Legislative History

As added by P.L.160-2012, SEC.64.