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MEDICAL ASSUR. OF INDIANA v. McCARTY

No. 49A02-0401-CV-83.

808 N.E.2d 737 (2004)

MEDICAL ASSURANCE OF INDIANA and R.C. Patel, M.D., Appellants, v. Sally McCARTY, in her capacity as Commissioner of the Indiana Department of Insurance and Administrator of the Indiana Patient's Compensation Fund, Appellees.

Court of Appeals of Indiana.

May 20, 2004.

Attorney(s) appearing for the Case

John David Hoover, J. Scott Fanzini, Hoover Hull Baker & Heath, LLP, Indianapolis, IN, Edward L. Murphy, Diana C. Bauer, Miller Carson Boxberger & Murphy, Fort Wayne, IN, Attorneys for Appellants.

Robert F. Wagner, A. Richard M. Blaiklock, Lewis & Wagner, Indianapolis, IN, Attorneys for Appellee.

OPINION

BARNES, Judge.

Case Summary

Medical Assurance of Indiana ("MAI") and Dr. R.C. Patel appeal the trial court's entry of summary judgment against them and in favor of the Indiana Patient's Compensation Fund ("the Fund"). We affirm.

Issue

The restated issue before us is whether MAI is required to pay the statutory maximum under the Indiana Medical Malpractice Act ("the Act...

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