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Indiana · Snapshot 2026

IC 27-1-3-23: Civil actions; substantial justification

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Where this section sits in the code
  1. TITLE 27. INSURANCE
  2. ARTICLE 1. DEPARTMENT OF INSURANCE
  3. Chapter 3. General Powers and Duties of the Department

Sec. 23. (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(d) of this chapter, or an employee or agent of a person or entity referred to in section 22(d), 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(d) 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.

Collected 2026-09-25T05:39:04Z. Source file · JSON

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