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M-PLAN, INC. v. INDIANA COMP. HEALTH INS.

No. 49S02-0312-CV-605.

809 N.E.2d 834 (2004)

M-PLAN, INC., Advantage Health Plan, Inc., and Partners National Health Plans of Indiana, Inc., Appellants (Plaintiffs below), v. INDIANA COMPREHENSIVE HEALTH INSURANCE ASSOCIATION and Sally McCarty, In Her Official Capacity as Indiana insurance Commissioner, Appellees (Defendants below).

Supreme Court of Indiana.

June 8, 2004.

Attorney(s) appearing for the Case

David J. Bodle, Robert L. Hartley, Indianapolis, IN, John A. Biek, Melissa A. Connell, Chicago, IL, Attorneys for Appellants.

Arend J. Abel, Indianapolis, IN, Attorney for Amicus Curiae Physicians' Health Plan of Northern Indiana, Inc.

Wayne C. Turner, Anne L. Cowgur, Michael R. Limrick, Indianapolis, IN, Attorneys for Appellees.

Robert M. Baker III, Indianapolis, IN, Attorney for Amicus Curiae Indiana High School Athletic Association, Inc.

ON PETITION FOR TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 49A02-209-CV-759.

BOEHM, Justice.

The Plan of Operation of the Indiana Comprehensive Health Insurance Association requires any challenge to the Association's assessment of its members to be presented to the Association's Board, subject to a right of appeal to the Commissioner of Insurance. We hold that these remedies are required to be pursued before a member may challenge an assessment in court...

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