Motion to dismiss filed by commissioner
Applied in 4 court decisions — leading case Martin v. Heffelfinger (2001)
Most recently applied in Richard W. Lorenz and any Successor Trustee, as Trustee, of the Bankruptcy Estate of Willie R. Gauldin v. Anonymous Physician 1 (February 2016)
As added by P.L.111-1998, SEC.10.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Sec. 8. If action has not been taken in a case before the department of insurance for a period of at least two (2) years, the commissioner, on the:
(1) motion of a party; or
(2) commissioner's own initiative;
may file a motion in Marion county circuit court to dismiss the case under Rule 41(E) of the Indiana Rules of Trial Procedure.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.