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

Indiana Statutes

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

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

(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.

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(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.

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