Sec. 12. (a) A liability of a member of the fund that is not a member of the political subdivision risk management fund under IC 27-1-29 does not qualify for partial payment under this chapter unless the total amount of the liability exceeds:

(1) one million dollars ($1,000,000); or

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Terms Used In Indiana Code 27-1-29.1-12

  • commission: refers to the Indiana political subdivision risk management commission established by IC 27-1-29-5. See Indiana Code 27-1-29.1-1
  • fund: refers to the political subdivision catastrophic liability fund established by this chapter. See Indiana Code 27-1-29.1-2
  • liability: means an obligation arising from:

    Indiana Code 27-1-29.1-3

  • member: refers to any political subdivision that has a membership in the fund, as provided in section 9 of this chapter. See Indiana Code 27-1-29.1-4
  • political subdivision: has the meaning set forth in IC 34-6-2-110. See Indiana Code 27-1-29.1-5
  • underlying coverage: refers to any liability insurance policy that names a member of the fund or its officials or employees as a named insured, an additional named insured, an insured, or an additional insured. See Indiana Code 27-1-29.1-6
(2) another sum that is:

(A) greater than one million dollars ($1,000,000); and

(B) approved by the commission as a provision of the fund member’s coverage because the fund member has underlying coverage with limits of liability that exceed one million dollars ($1,000,000).

     (b) A liability of a member of the fund that is also a member of the political subdivision risk management fund under IC 27-1-29 does not qualify for partial payment under this chapter unless the amount of the liability exceeds the amount of liability payable by the commission under IC 27-1-29 under the terms of the coverage document that is issued to the fund member and applicable to the liability.

As added by P.L.272-1987, SEC.7.