Indiana
Statutes of Limitations (INDIANA)
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Personal Injury - 2 yrs. [IC 34-11-2-4]
Wrongful Death - 2 yrs. [IC 34-23-1-1]
Med Mal - 2 yrs. from act/omission [IC 34-18-7-1]
Personal Property Damage - 2 yrs. [IC 34-11-2-4]
Product Liability (Negligence and Strict Liability) - 2 yrs. (discovery rule applies, subject to 10-yr. statute of repose) [IC 34-20-3-1]
Real Property Damage - 6 yrs. [IC 34-11-2-7]
Written Contracts - 10 yrs. [IC 34-11-2-11]
Oral Contracts- 6 yrs. [IC 34-11-2-7]
Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [IC 26-1-2-725]
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Under Indiana’s “discovery rule,” a cause of action accrues, and the statute of limitation begins to run, when a claimant knows or in exercise of ordinary diligence should have known of the injury [Pflanz v. Foster, 888 N.E.2d 756 (Ind. 2008)]
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Statutes of Repose (INDIANA)
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Products - 10 yrs. (if the cause of action accrues at least 8 yrs. but less than 10 yrs. after initial delivery, the action may be commenced within 2 yrs. after the cause of action accrues) [IC 34-20-3-1]
Construction of Real Property - 10 yrs. after substantial completion or 12 yrs. after completion and submission of plans/specifications, whichever occurs first (may sue within 2 yrs. after the cause of action accrues for Personal Injury or Wrongful Death, if it accrues during 9th or 10th year, but an action may not be brought later than 12 yrs. after substantial completion of construction or 14 yrs. after the completion and submission of plans, whichever comes first) [IC 32-30-1-5; 32-30-1-6]
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Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (INDIANA)
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Against Political Subdivision - Notice within 180 days [IC 34-13-3-8]
Against State - Notice within 270 days [IC 34-13-3-6]
No suit against Gov. entity is allowed unless the claim has been denied; denial must be issued within 90 days; claim is denied if the parties failed to resolve it within 90 days [IC 34-13-3-13]
Suit against State for breach of contract - Within 10 yrs. [IC 34-13-1-1]
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Comparative/Contributory Negligence (INDIANA)
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Modified Comparative (Plaintiff cannot recover if he is 51% at fault) [IC 34-51-2-6]. Strict contributory in Med Mal cases and cases against Governmental entities [IC 34-51-2-1;34-51-2-2].
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Made Whole Doctrine (MWD) (INDIANA)
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Recognized/applied, but can be contractually modified by clear and specific language.
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MWD applies to UM cases [Capps v. Klebs, 382 N.E.2d 947 (Ind. App. 1978)]. By bringing separate subrogation suit against Tortfeasor to recoup medical payments before Insured resolved his suit against Tortfeasor, auto Insurer impermissibly split Insured's personal injury claim. [Erie Ins. Co. v. George, 681 N.E.2d 183 (Ind. 1997)].
Where the right to subrogation is asserted under contract before debt is satisfied, contract must be clear, unequivocal and so certain as to admit no doubt on question [Erie Ins. Co. v. George, 681 N.E.2d 183 (Ind. 1997)]. Rule that the right to subrogation does not exist unless whole debt has been paid applies to contractual as well as equitable subrogation, unless contract by which the right is created provides otherwise; contract must be clear, unequivocal and so certain as to admit no doubt on the question [Willard v. Automobile Underwriters, Inc., 407 N.E.2d 1192 (Ind. App. 1980)].
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If Insured’s recovery is diminished by comparative fault or by reason of uncollectibility from limited liability insurance, Insurer’s subrogation claim or lien must be diminished in the same proportion as Insured’s recovery is diminished. In addition, Insurer must bear a pro rata share of Insured’s atty fees and litigation expenses [I.C. 34-51-2-19]
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Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (INDIANA)
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Recognized/applied. Defendant is not liable under a tort theory for any purely economic loss caused by its negligence, including damage to the product or service itself. [Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C., 929 N.E.2d 722 (Ind. 2010)]
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However, ELD did not preclude property developer’s negligence claim seeking damages against neighboring airplane parts manufacturer arising from disposal of contaminant into soil by manufacturer’s predecessor. Developer did not contract with the manufacturer to purchase neighboring property; developer was not asserting any claim for product liability or comparable claim; there was no showing that developer was attempting to circumvent contractual, statutory, or other limits on scope of recovery against the manufacturer. [KB Home Indiana Inc. v. Rockville TBD Corp., 928 N.E.2d 297 (Ind. App. 2010)].
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Also, although homeowners were precluded from recovering in tort for water damage to defective stone façade installed on home by masonry company, homeowners were not precluded from recovering in tort for moisture damage to the home caused by the negligent installation of the façade, because the façade was installed under arrangement between masonry company and homeowners that was independent of the homeowners’ contract with the construction company to build the home [Gunkel v. Renovations, Inc., 822 N.E.2d 150 (Ind. 2005)]
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Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (INDIANA)
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No requirements.
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Landlord/Tenant Subrogation (INDIANA)
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Case-by-cases analysis; courts must examine the lease as a whole [LBM Realty, LLC v. Mannia, 19 N.E.3d 379 (Ind. App. 2014)]
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Reimbursement of Deductible(s) (INDIANA)
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No law available.
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MedPay and PIP (INDIANA)
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MedPay - Recovery allowed. PIP - No subrogation allowed and/or no such coverage available.
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Liability of Parents (INDIANA)
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$5,000 for knowing, intentional, or reckless acts [IC 34-31-4-1]. Individual who signs application for permit/license is jointly and severally liable with the minor for any injury/damage caused by the minor driver [IC 9-24-9-4].
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Joint Liability (INDIANA)
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Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability), except for Med Mal cases (joint and several liability applies) [IC 34-51-2-8]
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Independent Cause of Action for Intentional or Negligent Evidence Spoliation (INDIANA)
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No independent tort for negligent or intentional spoliation by a first party [Gribben v. Wal-Mart Stores, Inc., 824 N.E.2d 349 (Ind. 2005)]. A tort of negligence spoliation against a third party appears to be recognized [Thompson ex rel. Thompson v. Owensby, 704 N.E.2d 134 (Ind. App. 1998)]
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Conflicts of Law (INDIANA)
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Torts - Place of tort is significant, but court should be allowed to evaluate other factors when the place of tort is insignificant contact and where the place of tort bears little connection to the legal action [Big Rivers Elec. Corp. v. General Elec. Co., 820 F.Supp. 1123 (S.D. Ind. 1992)]. Contracts - Courts will consider the following factors: (1) place of contracting; (2) place of negotiation of the contract; (3) place of performance; (4) location of subject matter of contract, and (5) domicile, residence, nationality, place of incorporation and place of business of parties [Bedle v. Kowars, 796 N.E.2d 300 (Ind. App. 2003)]
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