Sec. 14. (a) In order to be eligible for payment under this chapter, a liability of a political subdivision must arise out of a claim based upon an act or omission that takes place while the political subdivision is a member of the fund.
(b) The maximum amount payable from the fund for any liability, whether or not it is covered under IC 34-13-3 (or IC 34-4-16.5 before its repeal), is:
(1) for injury, death, or damage suffered by any one (1) person as a result of the act or omission from which the liability arises:
(A) three hundred thousand dollars ($300,000) for a cause of action that accrues before January 1, 2006;
(B) five hundred thousand dollars ($500,000) for a cause of action that accrues on or after January 1, 2006, and before January 1, 2008; or
(C) seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and
(2) one million dollars ($1,000,000) for all injury, death, or damage suffered by all persons as a result of the act or omission from which the liability arises.
(c) No amount may be paid from the fund in respect of punitive damages paid by or assessed against a member of the fund.
(d) 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 CFR 261.5(a));
collection, disposal, or recycling project conducted by or controlled by the political subdivision.
(e) 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 must be one hundred thousand dollars ($100,000) or more, except for the final payment in a series of payments.
(f) The commission may negotiate a structured settlement of any claim.
(g) 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 CFR 261.21;
(2) corrosive, as described in 40 CFR 261.22;
(3) reactive, as described in 40 CFR 261.23; or
(4) toxic, as described in 40 CFR 261.24.
As added by P.L.162-1986, SEC.1. Amended by P.L.273-1987, SEC.1; P.L.256-1995, SEC.1; P.L.1-1998, SEC.145; P.L.108-2003, SEC.1.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 29. Indiana Political Subdivision Risk Management Commission
27-1-29-1. "Commission" Defined
27-1-29-3. "Liability" Defined
27-1-29-4. "Political Subdivision" Defined
27-1-29-7. Powers of Commission; Limit on Surcharge Levied Against Members of Fund; Reports
27-1-29-8. Expenses Incurred; Payment
27-1-29-9. Liability Insurance or Indemnification; State Responsibility for Commission Obligations
27-1-29-11. Fund Members; Eligibility; Assessments; Surcharge Levies; Payment of Liabilities
27-1-29-12. Assessments on Members of Fund
27-1-29-13. Payment of Liabilities of Members of Fund; Primary Coverage
27-1-29-14. Eligibility and Guidelines for Payment From Fund
27-1-29-15. Filing Notice of Intent to Become Member of Fund; Relinquishing Membership in Fund
27-1-29-16. Appointment of Members; Rules
27-1-29-17. Bonds or Notes Issued by Commission; Purposes; Status; Procedures
27-1-29-28. Actions Affecting Fund Warranted by Declining Membership or Financial Conditions