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.
Ind. Code § 34-18-15-4
Failure to pay settlement or judgment
Applied in 2 court decisions — leading case 572 F. Supp. 2d 995 - Medical Assur. Co., Inc. v. Weinberger (2008)
Most recently applied in 973 F. Supp. 2d 925 - Medical Assurance Co. v. Weinberger (September 2013)
As added by P.L.1-1998, SEC.13.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.