Indiana Code 34-24-3-2. Irrebuttable presumption of retailer’s pecuniary loss; insurance or indemnification prohibited
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Sec. 2. (a) For purposes of determining the amount of damages recoverable under section 1(1) of this chapter, there is an irrebuttable presumption that a retailer who brings a civil action under this chapter (or IC 34-4-30 before its repeal) as the result of a violation of IC 35-43-4-2 (theft), IC 35-43-4-2.2 (organized retail theft), or IC 35-43-4-3 (conversion) suffers a pecuniary loss in the amount of:
(A) the property is returned to the retailer; or
(1) one hundred dollars ($100) regardless of whether:
Terms Used In Indiana Code 34-24-3-2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- loss: includes expenses incurred in securing a computer system or computer network against unauthorized intrusion. See Indiana Code 34-24-3-0.5
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(B) the actual retail value of the property is less than one hundred dollars ($100); or
(2) the retailer’s actual damages;
whichever is greater.
(b) An individual found liable in a civil action under this chapter (or IC 34-4-30 before its repeal) for violating IC 35-43-4-2, IC 35-43-4-2.2, or IC 35-43-4-3 may not be indemnified or insured for any penalties, damages, or settlement arising from the violation.
[Pre-1998 Recodification Citation: 34-4-30-1.5.]
As added by P.L.1-1998, SEC.19. Amended by P.L.185-2023, SEC.3.