CHAPTER 13. MALPRACTICE COVERAGE

IC 34-18-13
    Chapter 13. Malpractice Coverage

IC 34-18-13-1
Liability under chapter dependent upon maintenance ofmalpractice liability insurance
    Sec. 1. Only while malpractice liability insurance remains in forceare the health care provider and the health care provider's insurerliable to a patient or the patient's representative for malpractice to theextent 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 thecommissioner constitutes, on the part of the insurer, a conclusive andunqualified 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 theliability 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 pensions
    Sec. 4. Every policy issued under this article (or IC 27-12 beforeits repeal) is considered to include the following provisions, and anychange made by legislation adopted by the general assembly as fullyas if the change were written in the policy:
        (1) The insurer assumes all obligations to pay an award imposedagainst its insured under this article (or IC 27-12 before itsrepeal).
        (2) A termination of this policy by cancellation initiated by theinsurance company is not effective for patients claiming againstthe insured covered by the policy, unless at least thirty (30)days before the taking effect of the cancellation, a writtennotice giving the date upon which termination becomeseffective has been received by the insured and thecommissioner at their offices.
        (3) A termination of this policy by cancellation initiated by theinsured is not effective for patients claiming against the insuredcovered by the policy, unless at least thirty (30) days before thetaking effect of the cancellation, a written notice giving the dateupon which termination becomes effective has been received bythe commissioner at the commissioner's office.
As added by P.L.1-1998, SEC.13.

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, exceptduring the pendency of an appeal, or fails, or refuses to comply withthis article, in addition to any other legal remedy, the commissionermay also revoke the approval of the insurer's policy form until theinsurer pays the award or judgment or has complied with the violatedprovisions of this article and has resubmitted its policy form andreceived the approval of the commissioner.
As added by P.L.1-1998, SEC.13.