Introduced Version
SENATE BILL No. 124
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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, 2009.
January 7, 2009, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 116th General Assembly (2009)
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SENATE BILL No. 124
A BILL FOR AN ACT to amend the Indiana Code concerning civil
law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-14-1-2; (09)IN0124.1.1. -->
SECTION 1. IC 34-14-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: 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.