§ 36-8-23-5 — Limited liability of community fast responders and nonprofit corporations

Indiana § 36-8-23-5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 23: Community Fast Responders

Text

(a) This section applies if:
(1) a county adopts an ordinance approving the provision of
community fast responder services by a community fast responder
nonprofit corporation; and
(2) the community fast responder nonprofit corporation purchases
an insurance policy described in subsection (b).
(b) A community fast responder nonprofit corporation shall
purchase an insurance policy that provides at least seven hundred
thousand dollars ($700,000) of insurance coverage for the liability of
all of the corporation's community fast responders for bodily injury or
property damage caused by the corporation's community fast
responders acting within the scope of their duties.
(c) The civil liability of a community fast responder for:
(1) an act that is within the scope of a community fast responder's
duties; or
(2) the failure to do an act that is within the scope of a community
fast responder's duties;
while performing emergency services or while traveling to the scene of
an emergency or from the scene of an emergency is limited to the
coverage provided by the insurance policy purchased under this
section. A community fast responder may not be named in a lawsuit as
a nonparty and is not liable for punitive damages for any act that is
within the scope of the community fast responder's duties.
(d) The civil liability of a community fast responder nonprofit
corporation is limited to five million dollars ($5,000,000) for injury to
or death of all persons in an occurrence. A community fast responder
nonprofit corporation is not liable for punitive damages.

Legislative History

As added by P.L.70-2012, SEC.2.