BUTLER v. INDIANA DEPT. OF INS.

No. 49S05-0805-CV-216.

904 N.E.2d 198 (2009)

James BUTLER as Personal Representative of the Estate of Nondis Jane Butler, Deceased, Plaintiff/Appellant, v. INDIANA DEPARTMENT OF INSURANCE as Administrator of the Patients Compensation Fund, and Clarian Health Partners, Inc., Defendants/Appellees.

Supreme Court of Indiana.

April 7, 2009.


Attorney(s) appearing for the Case

James H. Young, Young & Young, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Robert Wagne, A. Richard M. Blaiklock, Stephanie L. Cassman, Lewis Wagner, LLP, Indianapolis, IN, Attorneys for Appellee.

James D. Johnson, Rudolph, Fine, Porter, Johnson, LLP, Evansville, IN, Donald B. Kite, Sr., Dean, Webster, Wright & Kite, LLP, Indianapolis, IN, Christine M. Marcuccilli, Rothberg Logan & Warsco, LLP, Fort Wayne, IN, Attorneys for Amici Curiae Defense Trial Counsel of Ind.

Mark A. Scott, King & Scott, LLP, Kokomo, IN, Susan W. Rempert, Tabor Law Firm, Indianapolis, IN, Attorneys for Amici Curiae Ind. Trial Lawyers Assoc.

Bryan H. Babb, Kelly M. Scanlan, Bose McKinney & Evans, LLP, Indianapolis, IN, Attorneys for Amici Curiae Insurance Institute of Ind. Inc.


On Transfer from the Indiana Court of Appeals, No. 49A05-0612-CV-742

DICKSON, Justice.

We hold that, under the statute governing actions for the wrongful death of unmarried adult persons with no dependents, Ind.Code § 34-23-1-2 (1999), in the event medical providers issue statements of charges for medical, hospital, or other health care services but thereafter accept a reduced amount in full satisfaction of the charges due to contractual arrangements...

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