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Justices to answer whether fund can pursue claim against an insurer

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The Indiana Supreme Court has accepted a certified question from a federal court in northern Indiana in a case filed by the Indiana Patient Compensation Fund against a professional liability insurance provider involving claims against former doctor Mark Weinberger.

The question the justices must answer is: “Does Indiana law allow the Patient’s Compensation Fund to pursue a claim against an insurer for the insurer’s breach of its duty of good faith to its insured, through the doctrine of equitable subrogation?”

In its complaint, the IPCF alleges that The Medical Assurance Company Inc. failed to settle claims against Weinberger and the entities he owned and engaged in acts or omissions that were detrimental to Weinberger and those entities as well as the fund. More than 350 medical malpractice claims have been lodged against the former ear, nose and throat doctor, accusing him of performing unnecessary surgeries. The Indiana Patient Compensation Fund has had to pay out on some of the judgments reached against Weinberger.

Weinberger was sanctioned in September 2012 for not cooperating with Medical Assurance. Weinberger repeatedly invoked the Fifth Amendment during depositions, refusing to answer questions. He pleaded guilty in 2012 to multiple counts of health care benefit fraud and was sentenced to 84 months in prison.

Briefs from both parties regarding the certified question must be filed by July 28.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

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  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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