Sec. 4. (a) If any aggrieved person obtains a final judgment in any court against any plumbing contractor to recover damages for a violation under IC 25-1-11 or the plumbing codes of the state (with or without a finding by the Indiana plumbing commission) that results in an actual cash loss to the aggrieved person, the person may, upon termination of all proceedings, including appeals and proceedings supplemental to judgment for collection purposes, file a verified application with the plumbing commission for an order directing payment out of the plumbers recovery fund of the amount of actual and direct loss in the transaction that remains unpaid upon the judgment. The amount of actual and direct loss may include court costs but may not include attorney's fees or punitive damages awarded. The amount that may be paid from the plumbers recovery fund may not exceed twenty thousand dollars ($20,000) per judgment and an aggregate lifetime limit of fifty thousand dollars ($50,000) with respect to any one (1) licensee.
(b) This section applies only to a final judgment that awards damages for an act by the plumbing contractor described in subsection (a) that arises directly out of any transaction:
(1) that occurred when the plumbing contractor was licensed;
(2) for which a license was required under IC 25-28.5; and
(3) that occurred after December 31, 1987.
As added by P.L.260-1987, SEC.1. Amended by P.L.214-1993, SEC.63; P.L.134-2013, SEC.10.
Structure Indiana Code
Title 25. Professions and Occupations
Chapter 2. Plumbers Recovery Fund
25-28.5-2-1. Establishment of Fund; Investments; Interest
25-28.5-2-2. Surcharge; Formula; Assessments
25-28.5-2-2.2. Reversion of Excess Funds
25-28.5-2-3. Interest on Investments; Payment of Expenses
25-28.5-2-6. Agent for Service of Process
25-28.5-2-7. Limitation of Actions
25-28.5-2-8. Commission as Defendant; Hearings; Issuance of Orders
25-28.5-2-9. Payment of Claims From Fund
25-28.5-2-10. Suspension of License; Repayment of Fund