2015 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 18. MEDICAL MALPRACTICE CHAPTER 13. MALPRACTICE COVERAGE
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IC 34-18-13
Chapter 13. Malpractice Coverage
IC 34-18-13-1
Liability under chapter dependent upon maintenance of
malpractice liability insurance
Sec. 1. Only while malpractice liability insurance remains in force
are the health care provider and the health care provider's insurer
liable to a patient or the patient's representative for malpractice to the
extent and in the manner specified in this article.
As added by P.L.1-1998, SEC.13.
IC 34-18-13-2
Acceptance of article; filing of proof of financial responsibility
Sec. 2. The filing of proof of financial responsibility with the
commissioner constitutes, on the part of the insurer, a conclusive and
unqualified acceptance of this article.
As added by P.L.1-1998, SEC.13.
IC 34-18-13-3
Policy terms limiting liability void
Sec. 3. A provision in a policy attempting to limit or modify the
liability of the insurer contrary to this article is void.
As added by P.L.1-1998, SEC.13.
IC 34-18-13-4
Included policy provisions
Sec. 4. Every policy issued under this article (or IC 27-12 before
its repeal) is considered to include the following provisions, and any
change made by legislation adopted by the general assembly as fully
as if the change were written in the policy:
(1) The insurer assumes all obligations to pay an award imposed
against its insured under this article (or IC 27-12 before its
repeal).
(2) A termination of this policy by cancellation initiated by the
insurance company is not effective for patients claiming against
the insured covered by the policy, unless at least thirty (30) days
before the taking effect of the cancellation, a written notice
giving the date upon which termination becomes effective has
been received by the insured and the commissioner at their
offices.
(3) A termination of this policy by cancellation initiated by the
insured is not effective for patients claiming against the insured
covered by the policy, unless at least thirty (30) days before the
taking effect of the cancellation, a written notice giving the date
upon which termination becomes effective has been received by
the commissioner at the commissioner's office.
As added by P.L.1-1998, SEC.13.
Indiana Code 2015
IC 34-18-13-5
Insurer's failure to pay judgment; revocation of policy form
Sec. 5. If an insurer fails or refuses to pay a final judgment, except
during the pendency of an appeal, or fails, or refuses to comply with
this article, in addition to any other legal remedy, the commissioner
may also revoke the approval of the insurer's policy form until the
insurer pays the award or judgment or has complied with the violated
provisions of this article and has resubmitted its policy form and
received the approval of the commissioner.
As added by P.L.1-1998, SEC.13.
Indiana Code 2015
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