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EAKIN v. REED

No. 49A02-8906-CV-274.

567 N.E.2d 148 (1991)

Harry E. EAKIN, As Commissioner of Insurance of the State of Indiana and Indiana Patient's Compensation Fund, Defendant-Appellant, v. Carl REED, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

February 28, 1991.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael D. Conner, Deputy Atty. Gen., Indianapolis, for defendant-appellant.

Patrick W. Harrison, Beck & Harrison, Columbus, Lance D. Cline, Townsend, Yosha & Cline, Indianapolis, for plaintiff-appellee.

BAKER, Judge.

The Commissioner of Insurance of the State of Indiana (the Commissioner), appeals the trial court's order which authorized plaintiff-appellee, Carl Reed (Reed), to receive $400,000 from the Patient's Compensation Fund (the Fund). While the Commissioner frames the issue in terms of whether the trial court had subject matter jurisdiction to entertain Reed's request for damages from the Fund, the issue is more properly stated as whether the trial court...

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