# Linden v. Health Care 2000, Inc.

> Indiana Court of Appeals · June 11, 2004 · 809 N.E.2d 929

URL: https://www.frixlaw.com/law-library/cases/7075853

## Case

- **Full name:** Karl LINDEN and Mary Linden, Individually and on Behalf of all Other Class Members, Appellants-Plaintiffs v. HEALTH CARE 2000, INC., Appellees-Defendants Karl Linden and Mary Linden, Individually and on Behalf of all Others Similarly Situated, Appellants-Plaintiffs/Cross-Appellees v. Indiana Department of Insurance, Appellees-Defendants/Cross-Appellants
- **Court:** Indiana Court of Appeals
- **Decided:** June 11, 2004
- **Citations:** 809 N.E.2d 929; 2004 Ind. App. LEXIS 1092; 2004 WL 1293991
- **Precedential status:** Published
- **Opinion:** Concurrence by Sullivan
- **Judges:** Brook, Robb, Sullivan
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7075853

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7075853. Public record. Not legal advice.