Eakin v. Reed

BAKER, Judge.

The Commissioner of Insurance of the State of Indiana (the Commissioner), appeals the trial court's order which authorized plaintiff-appellee, Carl Reed (Reed), to receive $400,000 from the Patient's Compensation Fund (the Fund). While the Commissioner frames the issue in terms of whether the trial court had subject matter jurisdiction to entertain Reed's request for damages from the Fund, the issue is more properly stated as whether the trial court prematurely allowed Reed access to the Fund. We think it did and, therefore, reverse and remand with instructions.

FACTS

Reed was…