Opinion

Linden v. Health Care 2000, Inc.

  • 809 N.E.2d 929
  • 2004 Ind. App. LEXIS 1092
  • 2004 WL 1293991
Court
Indiana Court of Appeals
Filed
Jun 11, 2004
Status
Published
Author
Sullivan
On the bench
Brook, Robb, Sullivan
Cited by
1 cases

holding that Department of Insurance (“DOI”) was immune under Section 3(a)(8) from class action suit because the suit was based on the DOI’s failure to shut down health care company operating without certification from the DOI

How later courts described this case

  • holding that Department of Insurance (“DOI”) was immune under Section 3(a)(8) from class action suit because the suit was based on the DOI’s failure to shut down health care company operating without certification from the DOI

Written by the judges who cited it.

The opinion

SULLIVAN, Judge,

concurring.

During the some four years that Health Care 2000 operated without authority and collected premiums from unsuspecting and innocent policy purchasers, DOI had full access to the nature of the operation and the lack of financial stability of the HMO. It certainly had the investigative tools and authority to acquire the very information which in 1997 led the Marion Cireuit Court to liquidate Health Care 2000. The conduct, or lack thereof, by DOI is indefensible. It is nevertheless insulated against civil liability by I.C. § 34-138-3-3(8), and for this reason, I concur in the reversal of the trial court's denial of Appellees' motion for summary judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.