Indiana Insurance Guaranty Ass'n v. Bedford Regional Medical Center

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 47A01-0412-CV-504

BOEHM, J.

We hold that a policyholder of a failed insurance company may recover from the Indiana Insurance Guaranty Association for lost wages paid to a deceased claimant if the amount would have been reimbursable under the policy issued by the insolvent insurer.

Facts and Procedural Background

James Brown was a patient at Bedford Regional Medical Center (BRMC) for three days before he died on January 13, 1997. Brown’s estate sued BRMC for wrongful death and medical malpractice. The case was settled by BRMC’s payment…