148.13 Court-ordered indemnification.
(1) Except as provided otherwise by written agreement between the director or officer and the medical society, a director or officer who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. Application shall be made for an initial determination by the court under s. 148.06 (5) or for review by the court of an adverse determination under s. 148.06 (1), (2), (3), (4) or (6). After receipt of an application, the court shall give any notice it considers necessary.
(2) The court shall order indemnification if it determines any of the following:
(a) That the director or officer is entitled to indemnification under s. 148.05 (1) or (2). If the court also determines that the medical society unreasonably refused the director's or officer's request for indemnification, the court shall order the medical society to pay the director's or officer's reasonable expenses incurred to obtain the court-ordered indemnification.
(b) That the director or officer is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, regardless of whether indemnification is required under s. 148.05 (2).
History: 1987 a. 13.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 148 - Medical societies.
148.03 - Service insurance corporations for health care.
148.04 - Definitions applicable to indemnification and insurance provisions.
148.05 - Mandatory indemnification.
148.06 - Determination of right to indemnification.
148.07 - Allowance of expenses as incurred.
148.09 - Medical society may limit indemnification.
148.11 - Additional rights to indemnification and allowance of expenses.
148.13 - Court-ordered indemnification.
148.15 - Indemnification and allowance of expenses of employees and agents.
148.19 - Reliance by directors or officers.
148.21 - Consideration of interests in addition to members' interests.