Liens or claims to diminish in same proportion as claimant's
recovery is diminished
Sec. 19. If a subrogation claim or other lien or claim that arose out
of the payment of medical expenses or other benefits exists in respect
to a claim for personal injuries or death and the claimant's recovery
is diminished:
(1) by comparative fault; or
(2) by reason of the uncollectibility of the full value of the
claim for personal injuries or death resulting from limited
liability insurance or from any other cause;
the lien or claim shall be diminished in the same proportion as the
claimant's recovery is diminished. The party holding the lien or claim
shall bear a pro rata share of the claimant's attorney's fees and
litigation expenses.
As added by P.L.1-1998, SEC.47.
Last modified: May 24, 2006