§ 27-1-3-23 — Civil actions; substantial justification

Indiana § 27-1-3-23

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 1: DEPARTMENT OF INSURANCE
• Ch. 3: General Powers and Duties of the Department

Text

(a) For the purposes of this section, a party is
"substantially justified" in initiating a civil action if the action had a
reasonable basis in law or fact at the time the action was initiated.
(b) If:
(1) a person or entity referred to in section 22(c) of this chapter,
or an employee or agent of a person or entity referred to in section
22(c), is the prevailing party in a civil action for libel, slander, or
any other relevant tort arising out of the filing of a report or the
furnishing of information under section 22(c) of this chapter; and
(2) the party who initiated the action was not substantially
justified in initiating the action;
the person, entity, employee, or agent referred to in subdivision (1) is
entitled to an award of attorney's fees and costs.

Legislative History

As added by P.L.121-1992, SEC.2.