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Ind. Code § 24-4.5-3-110.5

Repealed

Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 110.5. (1) "Civil proceeding", with respect to a CPAP transaction, means:
(a) a civil action;
(b) a mediation, an arbitration, or any other alternative dispute resolution proceeding; or
(c) an administrative proceeding before:
(i) an agency or instrumentality of the state; or
(ii) a political subdivision, or an agency or instrumentality of a political subdivision, of the state;
that is filed in, or is under the jurisdiction of, a court with jurisdiction in Indiana, a tribunal in Indiana, or an agency or instrumentality described in subdivision (c) in Indiana. The term includes all proceedings arising out of or relating to the proceeding, including any proceedings on appeal or remand, and any enforcement, ancillary, or parallel proceedings.
(2) "Civil proceeding advance payment contract", or "CPAP contract", means a contract for a CPAP transaction that a CPAP provider enters into, or offers to enter into, with a consumer claimant.
(3) "Civil proceeding advance payment provider", or "CPAP provider", means a person that:
(a) enters into, or offers to enter into, a CPAP transaction with a consumer claimant in connection with a civil proceeding; and
(b) notwithstanding section 110(3) of this chapter, and subject to IC 24-12-9, is licensed with the department in accordance with this chapter and IC 24-12-9.
(4) "Consumer claimant", with respect to a CPAP transaction, means an individual:
(a) who is or may become a plaintiff, a claimant, or a demandant in a civil proceeding; and
(b) who:
(i) is offered a CPAP transaction by a CPAP provider; or
(ii) enters into a CPAP transaction with a CPAP provider;
regardless of whether the individual is a resident of Indiana.
(5) "Funded amount", with respect to a CPAP transaction, means the amount of money:
(a) that is provided to the consumer claimant by the CPAP provider; and
(b) the repayment of which is:
(i) required only if the consumer claimant prevails in the consumer claimant's civil proceeding; and
(ii) sourced from the proceeds of the civil proceeding, whether the proceeds result from a judgment, a settlement, or some other resolution;
regardless of the term used by the CPAP provider in the CPAP contract to identify the amount.
(Part 2. Maximum Charges)
(Part 2. Maximum Charges)

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.