Sec. 18. (a) No amount may be paid from the fund in respect of punitive damages paid by or assessed against a member of the fund.

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Terms Used In Indiana Code 27-1-29.1-18

  • 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
  • Commissioner: means the "insurance commissioner" of this state. See Indiana Code 27-1-2-3
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • person: includes individuals, corporations, associations, and partnerships; personal pronoun includes all genders; the singular includes the plural and the plural includes the singular. See Indiana Code 27-1-2-3
  • political subdivision: has the meaning set forth in IC 34-6-2-110. See Indiana Code 27-1-29.1-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
     (b) No amount may be paid from the fund in the case of a liability based upon bodily injury or property damage arising out of the discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases, waste materials, or other irritants, contaminants, or pollutants into or upon land, the atmosphere, or any watercourse or body of water unless the discharge, dispersal, release, or escape:

(1) is caused by an act or omission of a political subdivision that is a member of the fund; and

(2) occurs as a result of:

(A) a household hazardous waste; or

(B) a conditionally exempt small quantity generator (as described in 40 C.F.R. § 261.5(a);

collection, disposal, or recycling project conducted by or controlled by the political subdivision.

     (c) The commissioner may pay a liability of a member of the fund in a series of annual payments. The amount of any annual payment under this subsection based upon the injury to or death of one (1) person in any one (1) occurrence must be one hundred thousand dollars ($100,000) or more, except for the final payment in a series of payments.

     (d) The commission may negotiate a structured settlement of any claim.

     (e) As used in this section, “household hazardous waste” means solid waste generated by households that consists of or contains a material that is:

(1) ignitable, as described in 40 C.F.R. § 261.21;

(2) corrosive, as described in 40 C.F.R. § 261.22;

(3) reactive, as described in 40 C.F.R. § 261.23; or

(4) toxic, as described in 40 C.F.R. § 261.24.

As added by P.L.272-1987, SEC.7. Amended by P.L.256-1995, SEC.2.

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