Ind. Code § 34-53-1-2

Costs and expenses of asserting third party claim; payment by insurer out of amount received from insured

Applied in 4 court decisions — leading case White v. State Farm Mutual Automobile Insurance (1999)

Most recently applied in Crabtree Ex Rel. Kemp v. Estate of Crabtree (November 2005)

As added by P.L.1-1998, SEC.49.

How often courts cite this section

citing decisions per year

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. 2. An insurer claiming subrogation or reimbursement rights under this chapter shall pay, out of the amount received from the insured, the insurer's pro rata share of the reasonable and necessary costs and expenses of asserting the third party claim. These reasonable and necessary costs and expenses include and are not limited to the following:

(1) The cost of depositions.

(2) Witness fees.

(3) Attorney's fees to the lesser of:

(A) the amount contracted by the insured for the insured's portion of the claim; or

(B) thirty-three and one-third percent (33 1/3%) of the amount of the settlement.

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