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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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