INDIANA DEPT. OF INSURANCE v. EVERHART

No. 84A01-0912-CV-614.

932 N.E.2d 684 (2010)

INDIANA DEPARTMENT OF INSURANCE, INDIANA PATIENT'S COMPENSATION FUND, Appellant-Defendant, v. Robin EVERHART, Personal Representative of the Estate of James K. Everhart, Jr., Appellee-Plaintiff.

Court of Appeals of Indiana.

July 21, 2010.


Attorney(s) appearing for the Case

Elizabeth H. Knotts, Rori L. Goldman, Indianapolis, IN, Attorneys for Appellant.

James O. McDonald, Terre Haute, IN, John P. Young, Indianapolis, IN, Attorneys for Appellee.


OPINION

SULLIVAN, Senior Judge.

Appellant Indiana Department of Insurance, Indiana Patient's Compensation Fund (the Fund) appeals the trial court's Findings of Fact, Conclusions of Law, and Judgment in favor of Appellee Robin Everhart, as Personal Representative of the Estate of James K. Everhart, Jr. (Everhart). We reverse and remand.

On October 4, 2004, James K. Everhart, Jr. (James) was riding his motorcycle in Terre Haute, Indiana, when he was...

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