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 or
reimbursement rights to the proceeds of a settlement or judgment
resulting from a legal proceeding commenced by an insured against
a third party legally responsible for personal injury for which
payment 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 by
insurer out of amount received from insured
Sec. 2. An insurer claiming subrogation or reimbursement rights
under this chapter shall pay, out of the amount received from the
insured, the insurer's pro rata share of the reasonable and necessary
costs and expenses of asserting the third party claim. These
reasonable and necessary costs and expenses include and are not
limited 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's
portion of the claim; or
(B) thirty-three and one-third percent (33 1/3%) of the
amount 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 subrogated
property damage claim from settling the insurer's subrogation claim
separately by arbitration, agreement, or suit in the insurer's own
name.
As added by P.L.1-1998, SEC.49.