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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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