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Certified question regarding Patient’s Compensation Fund dismissed

May 21, 2015

The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.

The justices accepted in June 2014 the question, “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?” It arose in Robertson v. Medical Assurance Co. Inc., 2:13-CV-107, a case filed by the Indiana Patient’s Compensation Fund against a professional liability insurance provider. The lawsuit involved claims against former doctor Mark Weinberger, who pleaded guilty in 2012 to multiple counts of health care benefit fraud. He has since been released from prison and is serving the remainder of his probation in Florida.

But on May 12, the District Court dismissed the federal action with prejudice based on the parties’ stipulation of dismissal. As a result, the question is now moot, so the justices dismissed the proceeding before them May 19.
 
 

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