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Bill > SB0413


IN SB0413

IN SB0413
Settlements under the tort claims act.


summary

Introduced
01/13/2025
In Committee
01/13/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Settlements under the tort claims act. Requires a court to specify how much of a settlement must be allocated against the tort claim act liability cap when: (1) the cap applies to two or more defendants; (2) one, but not all, of the defendants settle the case; and (3) the defendants have not agreed on the allocation of the claim.

AI Summary

This bill modifies Indiana's Tort Claims Act by adding a new section that provides guidance for how courts should handle settlement agreements when multiple defendants are subject to the state's liability cap. Specifically, the bill addresses situations where some, but not all, defendants in a lawsuit involving governmental entities choose to settle, and those settlements have not been agreed upon by all defendants. The bill requires courts to specify the portion of a settlement that counts toward the existing aggregate liability cap, which currently stands at $700,000 for individual claims and $5 million for all claims in a single occurrence. For settlements involving both state and federal claims, the court must also specify how much of the settlement relates to each type of claim. This new provision aims to provide clarity and transparency in how liability is allocated when only some defendants choose to settle a case involving governmental entities, ensuring that the overall liability cap is fairly and precisely applied.

Committee Categories

Justice

Sponsors (1)

Last Action

First reading: referred to Committee on Judiciary (on 01/13/2025)

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