Indiana Code
Chapter 29.1. Political Subdivision Catastrophic Liability Fund
27-1-29.1-18. Punitive Damages; Bodily Injury or Property Damage; Installment Payments; Structured Settlements

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.
(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 CFR 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 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.272-1987, SEC.7. Amended by P.L.256-1995, SEC.2.

Structure Indiana Code

Indiana Code

Title 27. Insurance

Article 1. Department of Insurance

Chapter 29.1. Political Subdivision Catastrophic Liability Fund

27-1-29.1-1. "Commission" Defined

27-1-29.1-2. "Fund" Defined

27-1-29.1-3. "Liability" Defined

27-1-29.1-4. "Member" Defined

27-1-29.1-5. "Political Subdivision" Defined

27-1-29.1-6. "Underlying Coverage" Defined

27-1-29.1-7. Establishment of Fund; Purpose; Administration; Expenses; Depositories; Investment

27-1-29.1-8. Reserve Account; Issuance of Bonds to Establish Account; Use of Funds

27-1-29.1-9. Membership Eligibility; Rights and Duties

27-1-29.1-10. Liabilities Qualifying for Partial Payment From Fund; Notice of Claim

27-1-29.1-11. Preexisting Liabilities Qualifying for Partial Payment

27-1-29.1-12. Liabilities of Members That Are or Are Not Also Members of Political Subdivision Risk Management Fund; Conditional Payment

27-1-29.1-13. Liability Partial Payment Determination; Formula

27-1-29.1-14. Excess Coverage Provided

27-1-29.1-15. Single or Installment Payments; Limits

27-1-29.1-16. Defense of Claims; Expenses

27-1-29.1-17. Biannual Recognition of Liabilities; Payment; Proration in Event of Insufficient Funds

27-1-29.1-18. Punitive Damages; Bodily Injury or Property Damage; Installment Payments; Structured Settlements

27-1-29.1-19. Notice of Intent to Become Member of Fund

27-1-29.1-20. Implementing Rules; Coverage Limitations; Commission Powers; Rules Governing Relinquishment of Membership in Fund

27-1-29.1-21. Relinquishment of Membership in Fund; Prerelinquishment Liabilities; Assessments

27-1-29.1-22. Assessments on Members of Fund