CHAPTER 1. SUBROGATION OF INSURERS IN PERSONAL INJURY ACTIONS

IC 34-53
    ARTICLE 53. SUBROGATION

IC 34-53-1
    Chapter 1. Subrogation of Insurers in Personal Injury Actions

IC 34-53-1-1
Applicability of chapter
    Sec. 1. This chapter applies to an insurer claiming subrogation orreimbursement rights to the proceeds of a settlement or judgmentresulting from a legal proceeding commenced by an insured againsta third party legally responsible for personal injury for whichpayment is made by the insurer.
As added by P.L.1-1998, SEC.49.

IC 34-53-1-2
Costs and expenses of asserting third party claim; payment byinsurer out of amount received from insured
    Sec. 2. An insurer claiming subrogation or reimbursement rightsunder this chapter shall pay, out of the amount received from theinsured, the insurer's pro rata share of the reasonable and necessarycosts and expenses of asserting the third party claim. Thesereasonable and necessary costs and expenses include and are notlimited 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'sportion of the claim; or
            (B) thirty-three and one-third percent (33 1/3%) of theamount of the settlement.
As added by P.L.1-1998, SEC.49.

IC 34-53-1-3
Effect on insurer's right to settle subrogation claim separately
    Sec. 3. This chapter does not prohibit an insurer with a subrogatedproperty damage claim from settling the insurer's subrogation claimseparately by arbitration, agreement, or suit in the insurer's ownname.
As added by P.L.1-1998, SEC.49.