§ 25-28.5-2-4 — Applications for orders directing payment out of fund; amount of loss; limitation on recovery

Indiana § 25-28.5-2-4

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 28.5: PLUMBERS
• Ch. 2: Plumbers Recovery Fund

Text

(a) If any aggrieved person obtains a final
judgment in any court against any plumbing contractor to recover
damages for a violation under IC 25-1-11 or the plumbing codes of the
state (with or without a finding by the Indiana plumbing commission)
that results in an actual cash loss to the aggrieved person, the person
may, upon termination of all proceedings, including appeals and
proceedings supplemental to judgment for collection purposes, file a
verified application with the plumbing commission for an order
directing payment out of the plumbers recovery fund of the amount of
actual and direct loss in the transaction that remains unpaid upon the
judgment. The amount of actual and direct loss may include court costs
but may not include attorney's fees or punitive damages awarded. The
amount that may be paid from the plumbers recovery fund may not
exceed twenty thousand dollars ($20,000) per judgment and an
aggregate lifetime limit of fifty thousand dollars ($50,000) with respect
to any one (1) licensee.
(b) This section applies only to a final judgment that awards
damages for an act by the plumbing contractor described in subsection
(a) that arises directly out of any transaction:
(1) that occurred when the plumbing contractor was licensed;
(2) for which a license was required under IC 25-28.5; and
(3) that occurred after December 31, 1987.

Legislative History

As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993, SEC.63; P.L.134-2013, SEC.10.