Introduced Version






HOUSE BILL No. 1076

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 34-14-1-2.

Synopsis: Declaratory judgments and insurers. Provides that, in an action against an insurer, only a named insured or a person seeking status as an insured under the terms of the insurance contract may bring an action for declaration of coverage before judgment has been entered on the underlying claim.

Effective: July 1, 2005.





Torr




    January 6, 2005, read first time and referred to Committee on Insurance.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1076



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-14-1-2; (05)IN1076.1.1. -->     SECTION 1. IC 34-14-1-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) Except as provided in subsection (b), any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
     (b) In an action against an insurer, only a:
        (1) named insured; or
        (2) person seeking status as an insured under the terms of the insurance contract;
may bring an action for declaration of coverage before judgment has been entered on the underlying claim.