Title 34, CIVIL LAW AND PROCEDURE

Sec. 1. (a) This section applies if a plaintiff commences an action and: (1) the plaintiff fails in the action from any cause except negligence in the prosecution of the action; (2) the action abates or is defeated by the death of a party; or (3) a judgment is arrested or reverse…

Sec. 1. As used in this chapter, "eligible person" refers to a person or the estate of a person that properly filed a claim with the state, in the form prescribed by the attorney general, before December 31, 2011, for physical injury or death resulting from an occurrence. As adde…

Sec. 10. (a) The attorney general may use the money in the supplemental fund to pay compensation to eligible persons as provided in this chapter. (b) After the estate of each eligible person whose death resulted from an occurrence has received seven hundred thousand dollars ($700…

Sec. 11. The expenses incurred by the attorney general in carrying out this chapter (including any expenses for arbitrators, mediators, consultants, or any other experts) shall be paid from the state tort claim fund established to pay claims and expenses under IC 34-13-3-24. As a…

Sec. 12. (a) An eligible person may assign to the attorney general the eligible person's right to pursue a cause of action for the tortious breach of an insurer's duty to deal with an insured person in good faith. (b) If the insurance commissioner believes that a person has engag…

Sec. 2. As used in this chapter, "occurrence" refers to one (1) or more acts or omissions by the state or employees of the state in connection with a single event occurring after July 31, 2011, and before September 1, 2011, that resulted in the death of seven (7) or more persons.…

Sec. 3. As used in this chapter, "supplemental fund" refers to the supplemental state fair relief fund established by section 9 of this chapter. As added by P.L.160-2012, SEC.62.

Sec. 4. (a) Recognizing the special conditions created by an occurrence, it is the intent of the general assembly to provide supplemental relief for victims of the occurrence. It is not the intent of the general assembly to revise the tort claims act in order to address the speci…

Sec. 5. (a) The attorney general shall attempt to resolve before January 1, 2013, all claims and suits brought against the state or its employees for an occurrence for an amount that, in the aggregate, does not exceed eleven million dollars ($11,000,000), consisting of: (1) five …

Sec. 6. (a) To receive a distribution under this chapter for an occurrence, an eligible person must have already released all governmental entities and public employees from any liability for loss resulting from the occurrence. The release must be in a form that is satisfactory t…

Sec. 7. The amount payable after December 31, 2011, as provided in section 5(b) of this chapter to an eligible person shall be reduced by any amount that was paid under IC 34-13-3 from the state tort claim fund before January 1, 2012, for the death or physical injury. As added by…

Sec. 8. If an eligible person is represented by an attorney regarding compensation from the supplemental fund, the attorney's fees paid to the attorney or attorneys for the representation of the eligible person regarding compensation from the supplemental fund may not exceed, in …

Sec. 9. (a) The supplemental state fair relief fund is established for the purpose of providing supplemental relief to the victims of the occurrence. (b) The supplemental fund consists of grants, donations, and appropriations made by the general assembly. The supplemental fund sh…

Sec. 1. Subject to IC 34-18-10 and sections 4 through 6 of this chapter, a patient or the representative of a patient who has a claim under this article for bodily injury or death on account of malpractice may do the following: (1) File a complaint in any court of law having requ…

Sec. 2. The following fees must accompany each proposed complaint filed: (1) A filing fee of five dollars ($5). (2) A processing fee of two dollars ($2) for each additional defendant after the first defendant. [Pre-1998 Recodification Citation: 27-12-8-2.] As added by P.L.1-1998,…

Sec. 3. Except for the declaration called for in section 6(a) of this chapter, a dollar amount or figure may not be included in the demand in a malpractice complaint, but the prayer must be for such damages as are reasonable in the premises. [Pre-1998 Recodification Citation: 27-…

Sec. 4. Notwithstanding section 1 of this chapter, and except as provided in sections 5 and 6 of this chapter, an action against a health care provider may not be commenced in a court in Indiana before: (1) the claimant's proposed complaint has been presented to a medical review …

Sec. 5. Notwithstanding section 4 of this chapter, a claimant may commence an action in court for malpractice without the presentation of the claim to a medical review panel if the claimant and all parties named as defendants in the action agree that the claim is not to be presen…

Sec. 6. (a) Notwithstanding section 4 of this chapter, a patient may commence an action against a health care provider for malpractice without submitting a proposed complaint to a medical review panel if the patient's pleadings include a declaration that the patient seeks damages…

Sec. 7. (a) Notwithstanding section 4 of this chapter, beginning July 1, 1999, a claimant may commence an action in court for malpractice at the same time the claimant's proposed complaint is being considered by a medical review panel. In order to comply with this section, the: (…

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 un…

Sec. 0.2. The addition of IC 33-1-1.5-10 (before its repeal, now codified at section 1 of this chapter) by P.L.278-1995 applies to a cause of action that accrues after June 30, 1995. As added by P.L.220-2011, SEC.555.

Sec. 1. (a) In a product liability action, the fault of the person suffering the physical harm, as well as the fault of all others who caused or contributed to cause the harm, shall be compared by the trier of fact in accordance with IC 34-51-2-7, IC 34-51-2-8, or IC 34-51-2-9. (…

Sec. 1. As used in this chapter, "firearm" has the meaning set forth in IC 35-47-1-5. As added by P.L.17-2011, SEC.2.

Sec. 2. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13. As added by P.L.17-2011, SEC.2.

Sec. 3. As used in this chapter, "private employer" means: (1) an individual; (2) a partnership; (3) a firm; (4) an association; (5) a corporation; or (6) a nonprofit organization; that employs or offers to employ one (1) or more individuals in Indiana. As added by P.L.17-2011, S…

Sec. 4. As used in this chapter, "public employer" means: (1) the state; or (2) a political subdivision; including, but not limited to, a department, agency, board, commission, institution, authority, or instrumentality of the state or a political subdivision. As added by P.L.17-…

Sec. 5. As used in this chapter, "public official" means an elected or appointed official in the executive, legislative, or judicial branch of the state or a political subdivision, as well as an individual acting on behalf of a public employer, whether temporarily or permanently,…

Sec. 6. A public or private employer doing business in Indiana may not: (1) require an applicant for employment or an employee to disclose information about whether the applicant or employee owns, possesses, uses, or transports a firearm or ammunition, unless the disclosure conce…

Sec. 7. (a) An individual aggrieved by what the individual believes is a violation of section 6 of this chapter may bring a civil action in a court with jurisdiction against a public or private employer or a public official that is alleged to have violated section 6 of this chapt…

Sec. 8. IC 34-13-3 does not apply whenever: (1) a public employer or public official is sued for civil damages; and (2) the civil action arises out of a violation of section 6 of this chapter. As added by P.L.17-2011, SEC.2.

Sec. 9. Notwithstanding section 6 of this chapter, this chapter does not prohibit a public or private employer from: (1) regulating or prohibiting the possession or carrying of a firearm by an employee during and in the course of the duties of the employee on behalf of the employ…

Sec. 1. If a person or entity, other than a person or entity listed in subdivisions (1) through (10), enters into a written agreement to use space in an armory for a function, the following persons and entities are not liable for civil damages for any property damage or bodily in…

Sec. 1. As used in this chapter, "asbestos claim" means any claim for damages, losses, indemnification, contribution, or other relief concerning asbestos, including: (1) a claim relating to the health effects of exposure to asbestos, including: (A) personal injury; (B) death; (C)…

Sec. 10. An innocent successor corporation may establish the fair market value of the total gross assets, including intangible assets, of a transferor corporation to determine limitations under section 8 of this chapter by any reasonable method, including: (1) by reference to the…

Sec. 11. (a) If the total gross assets of a transferor corporation include liability insurance issued to the transferor corporation, this chapter does not affect the applicability, terms, conditions, or limits of the liability insurance. (b) This chapter does not affect the right…

transferor corporation Sec. 12. (a) Except as provided in subsections (b) through (d), the sum determined as the fair market value of the total gross assets of a transferor corporation as of the time of a merger or consolidation for purposes of determining the limit on the cumula…

Sec. 2. As used in this chapter, "corporation" means a corporation for profit, including a domestic corporation organized under Indiana law or a foreign corporation organized under the law of a jurisdiction other than Indiana. As added by P.L.134-2009, SEC.6.

Sec. 3. (a) As used in this chapter, "innocent successor corporation" means a corporation that: (1) assumes; (2) incurs; (3) has assumed; or (4) has incurred; successor asbestos related liability and became a successor corporation due to a merger or consolidation with another cor…

Sec. 4. As used in this chapter, "successor asbestos related liability" means any liability that is related to an asbestos claim that was assumed or incurred by a corporation as a result of: (1) a merger or consolidation with another corporation; (2) the plan of merger or consoli…

Sec. 5. As used in this chapter, "transferor corporation" means a corporation from which a successor asbestos related liability was assumed or incurred. As added by P.L.134-2009, SEC.6.

Sec. 6. This chapter shall be construed liberally regarding innocent successor corporations. As added by P.L.134-2009, SEC.6.

Sec. 7. This chapter applies to a civil action asserting an asbestos claim that is filed against an innocent successor corporation: (1) after June 30, 2009; or (2) before July 1, 2009, if trial has not commenced as of July 1, 2009. As added by P.L.134-2009, SEC.6.

Sec. 8. (a) Subject to subsections (c) and (d) and sections 10 and 12 of this chapter, the cumulative successor asbestos related liabilities of an innocent successor corporation are limited to the fair market value of the total gross assets of the transferor corporation, determin…

Sec. 9. The limitations set forth in section 8 of this chapter apply to the successor asbestos related liability of an innocent successor corporation and do not apply to: (1) worker's compensation benefits paid by or on behalf of an employer to an employee under IC 22-3 or a comp…

Sec. 0.2. (a) The amendments made to IC 34-2-22-1 (before its repeal, now codified in this chapter) by P.L.149-1988 apply to the accrual of interest after June 30, 1988, on any part of a judgment that is unpaid after June 30, 1988, even if the judgment was rendered before July 1,…