Legal Opinion

Butler v. Indiana Department of Insurance

Indiana Supreme Court

Decided April 7, 2009No. 49S05-0805-CV-216PublishedCited by 9 opinions

1Opinion of the Court

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 with the patient's health insurers, Medicare, or Medicaid, the amount recoverable for reasonable medi¢al and hospital expenses necessitated by the alleged wrong ful conduct is the total amount ultimately accepted…

2Cases cited11 opinions

  1. Pennsylvania Co. v. MarionIndiana Supreme Court · 1885
  2. Elmer Buchta Trucking, Inc. v. StanleyIndiana Supreme Court · 2001
  3. Durham Ex Rel. Estate of Wade v. U-Haul InternationalIndiana Supreme Court · 2001
  4. Bolin v. WingertIndiana Supreme Court · 2002
  5. City of Indianapolis v. GastonIndiana Supreme Court · 1877

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3Cited by9 opinions

  1. McCabe v. Commissioner, Indiana Department of InsuranceIndiana Supreme Court · 2011
  2. The Peoples State Bank v. Benton Township of Monroe County, IndianaIndiana Court of Appeals · 2015
  3. Washington Township Fire Department v. Beltway Surgery CenterIndiana Court of Appeals · 2009
  4. SCI Propane, LLC v. FrederickIndiana Court of Appeals · 2014
  5. Hematology-Oncology of Indiana, P.C. v. FruitsIndiana Court of Appeals · 2010

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