Indiana § 34-44-2-4 - Insurance companies

§ 34-44-2-4. Insurance companies

Sec. 4. (a) An advance payment made by an insurance company on behalf of an insured does not increase the limits of liability of the insurance company under any existing policy of insurance.

(b) The amount of an advance payment made in respect to any claim shall be credited against any obligation of the insurance company in respect to the claim.

[Pre-1998 Recodification Citation: 34-3-2.5-3.]

As added by P.L.1-1998, SEC.40.

IC 34-44.5ARTICLE 44.5. EVIDENCE: UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT

Ch. 1.Uniform Interstate Depositions and Discovery Act

IC 34-44.5-1Chapter 1. Uniform Interstate Depositions and Discovery Act

34-44.5-1-1"Foreign jurisdiction" 34-44.5-1-2"Foreign subpoena" 34-44.5-1-3"Person" 34-44.5-1-4"State" 34-44.5-1-5"Subpoena" 34-44.5-1-6Subpoena; request; issuance; contents 34-44.5-1-7Service of subpoena 34-44.5-1-8Application of Indiana laws 34-44.5-1-9Applications for protective orders and subpoenas; submission to court 34-44.5-1-10Consideration for uniformity of the law 34-44.5-1-11Application

IC 34-44.5-1-1"Foreign jurisdiction" Sec. 1. As used in this chapter, "foreign jurisdiction" means a state other than Indiana.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-2"Foreign subpoena" Sec. 2. As used in this chapter, "foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-3"Person" Sec. 3. As used in this chapter, "person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-4"State" Sec. 4. As used in this chapter, "state" means any of the following:

(1) A state of the United States.

(2) The District of Columbia.

(3) Puerto Rico.

(4) The United States Virgin Islands.

(5) A federally recognized Indian tribe.

(6) Any territory or insular possession subject to the jurisdiction of the United States.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-5"Subpoena" Sec. 5. As used in this chapter, "subpoena" means a document, however denominated, issued under authority of a court of record that requires a person to:

(1) attend and give testimony at a deposition;

(2) produce and allow inspection and copying of designated:

(A) books;

(B) documents;

(C) records;

(D) electronically stored information; or

(E) other tangible things;

in the possession, custody, or control of the person; or

(3) allow inspection of premises under the control of the person.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-6Subpoena; request; issuance; contents Sec. 6. (a) To request issuance of a subpoena under this chapter that is based on a foreign subpoena, a party must submit the foreign subpoena to the clerk of the court in the county in which discovery is sought to be conducted in Indiana. A request for the issuance of a subpoena under this chapter does not constitute an appearance in a court of this state.

(b) When a party submits a foreign subpoena to the clerk of a court in Indiana, the clerk, in accordance with the court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(c) A subpoena issued under subsection (b) must:

(1) incorporate the terms used in the foreign subpoena; and

(2) contain or be accompanied by the names, addresses, and telephone numbers of the following:

(A) All counsel of record in the proceeding to which the subpoena relates.

(B) Any party not represented by counsel.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-7Service of subpoena Sec. 7. A subpoena issued by a clerk of the court under section 6 of this chapter must be served in compliance with all applicable laws concerning service of a subpoena in Indiana.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-8Application of Indiana laws Sec. 8. All applicable Indiana law concerning compliance with subpoenas to:

(1) attend and give testimony;

(2) produce designated books, documents, records, electronically stored information, or other tangible things; or

(3) allow inspection of premises;

applies to subpoenas issued under section 6 of this chapter.

As added by P.L.57-2010, SEC.1. Amended by P.L.42-2011, SEC.72.

IC 34-44.5-1-9Applications for protective orders and subpoenas; submission to court Sec. 9. An application to a court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section 6 of this chapter must:

(1) comply with all applicable Indiana laws; and

(2) be submitted to a court in the county in which discovery is to be conducted.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-10Consideration for uniformity of the law Sec. 10. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Uniform Interstate Depositions and Discovery Act.

As added by P.L.57-2010, SEC.1.

IC 34-44.5-1-11Application Sec. 11. This chapter applies to requests for discovery in cases:

(1) pending on July 1, 2010; or

(2) filed after June 30, 2010.

As added by P.L.57-2010, SEC.1.

IC 34-45ARTICLE 45. WITNESSES

Ch. 1.General Requirements Ch. 2.Competent and Incompetent Witnesses Ch. 3.Expert Witnesses Ch. 4.Impeachment of Witnesses

IC 34-45-1Chapter 1. General Requirements

34-45-1-1Attachment; affidavit; knowledge of service 34-45-1-2Oath 34-45-1-3Interpreters; entitlement 34-45-1-4Interpreters; appointment and qualifications 34-45-1-5Interpreters; oath