Indiana Code 34-53-1-2. Costs and expenses of asserting third party claim; payment by insurer out of amount received from insured
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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:
(2) Witness fees.
(1) The cost of depositions.
Terms Used In Indiana Code 34-53-1-2
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(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.
[Pre-1998 Recodification Citation: 34-4-41-4.]
As added by P.L.1-1998, SEC.49.