Insurance Commissioner of the State v. Smith

*1286OPINION

STATON, Judge

The Insurance Commissioner of Indiana (“Commissioner”) brings this interlocutory appeal from the grant of Terry Smith’s motion for partial summary judgment and the denial of the Commissioner’s motion for summary judgment. The Commissioner raises two issues on appeal. We address one dis-positive issue, which we restate as: whether a genuine issue of material fact exists regarding whether a qualified health care provider agreed to settle its liability to Smith.

We reverse and remand.

Smith filed a petition for payment from the Patient’s Compensation Fund (“the Fund”) following…