Kroger argued it is entitled to a credit or set-off from the health care providers' settlement. Kroger filed a motion for partial summary judgment that was granted by Marion Superior Judge James B. Osborn. This was error, the Court of Appeals ruled on an interlocutory appeal that was accompanied by an amicus brief on behalf of the Indiana Trial Lawyers Association. "In this case, the (Indiana Department of Insurance) determined that Kroger was not a qualified health care provider under the Medical Malpractice Act," Judge Cale Bradford wrote for the panel, reversing in David Shelton, as Personal Representative of the Estate of Sharon K. Clearwaters v.