Ind. Code » Title 34
Indiana Code

Ind. Code § 34-18-15-4 (2025)

Failure to pay settlement or judgment

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 4. If a health care provider or the health care provider's surety or liability insurance carrier fails to pay any agreed settlement or final judgment within ninety (90) days, the agreed settlement or final judgment shall be paid from the patient's compensation fund, and the fund shall be subrogated to any and all of claimant's rights against the health care provider, the health care provider's surety or liability insurance carrier, or both, with interest, reasonable costs, and attorney's fees.

[Pre-1998 Recodification Citation: 27-12-15-4.]

As added by P.L.1-1998, SEC.13.

 

IC 34-18-16Chapter 16. Evidence of Advanced Payment; Assignability of Claim

 

           34-18-16-1Advanced payment not admission of liability
           34-18-16-2Admissibility; payment exceeds liability of defendant; adjustment of judgments
           34-18-16-3Claim not assignable

 

Notes of Decisions
Cited in 3 cases, 1999–2013 · leading case: Wisniewski v. Bennett, 716 N.E.2d 892 (Ind. 1999).
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Wisniewski v. Bennett, 716 N.E.2d 892 (Ind. 1999). “§ 34-18-15-4 (1998). It is clear that the General Assembly intended patients who *897 have settled a claim through a periodic or “structured” payment agreement to access the Fund.”
Med. Assur. Co., Inc. v. Weinberger, 572 F. Supp. 2d 995 (N.D. Ind. 2008). · cites it 2× “Finally, the Amended Complaint names James Atterholt, Commissioner of the Indiana Department of Insurance (“IDOI”) and Administrator for the Indiana Patient’s Compensation Fund (“PCF”), as a Defendant because the PCF may have an interest in the proceeds of the Policies, pursuant…”
Med. Assurance Co. v. Weinberger, 973 F. Supp. 2d 925 (N.D. Ind. 2013). · cites it 2× “This shows that the provision does not simply require the Fund to make these payments subject to subrogation, as it does when a health care provider fails to pay a judgment against it, Ind.Code § 34-18-15-4, but that the Fund actually becomes liable for such damages in place of…”
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