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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 2. (a) Except as provided in subsection (c), in a civil proceeding in which a consumer claimant is a party, the consumer claimant or the consumer claimant's attorney shall provide to:
(1) each of the other parties in the civil proceeding; and
(2) each insurer that has a duty to defend another party in the civil proceeding;
written notice that the consumer claimant has entered into a CPAP contract with a CPAP provider.
(b) A consumer claimant or the consumer claimant's attorney shall provide the written notice required by subsection (a) within a reasonable time after the date on which the consumer claimant and the CPAP provider enter into the CPAP contract, regardless of whether any other party in the civil proceeding is aware of the existence of or seeks information about the CPAP contract.
(c) Subsection (a) does not apply if the court in which the civil proceeding is filed issues an order excusing the consumer claimant from the duty to provide the written notice required by subsection (a).
(d) In a civil proceeding in which a consumer claimant is a party, the existence and contents of the CPAP contract are subject to discovery under the Indiana Rules of Trial Procedure by:
(1) a party other than the consumer claimant; or
(2) an insurer that has a duty to defend another party in the civil proceeding.
(e) The written notice provided under subsection (a) is not admissible as evidence in a court proceeding.
Cite this article: FindLaw.com - Indiana Code Title 24. Trade Regulation § 24-12-4-2 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-24-trade-regulation/in-code-sect-24-12-4-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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