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[SUPREME] Lake Imaging, LLC v. Franciscan Alliance, Inc. f/d/b/a Saint Margaret Mercy Health Centers, ProAssurance Indemnity Company, Inc., No. 21S-CT-00478

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Thursday, December 9, 2021 10am to 10:40am

Statehouse, Supreme Court Courtroom, 200 West Washington Street, Indianapolis, IN 46204

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Due to the COVID-19 pandemic, masks are required in the Courtroom, and public seating is limited for social distancing. (A live webcast will be available outside the Courtroom and remotely.)

After Franciscan settled a patient’s medical malpractice claim against it, Franciscan sought indemnification from Lake Imaging. When Lake Imaging refused, Franciscan sued for breach of the indemnification clause in the radiologist services agreement between the parties. The Johnson Superior Court, finding it had no subject matter jurisdiction because Franciscan failed to present its claim to a medical-review panel, dismissed the case without prejudice. Lake Imaging appealed, and Franciscan cross-appealed. The Court of Appeals affirmed. Lake Imaging, LLC v. Franciscan Alliance, Inc., 171 N.E.3d 619 (Ind. Ct. App. 2021), vacated. The Supreme Court has granted transfer and assumed jurisdiction over the appeal.

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