Irrebuttable presumption of retailer's pecuniary loss; insurance or
indemnification prohibited
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) or IC 35-43-4-3 (conversion) suffers a
pecuniary loss in the amount of:
(1) one hundred dollars ($100) regardless of whether:
(A) the property is returned to the retailer; or
(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 or
IC 35-43-4-3 may not be indemnified or insured for any penalties,
damages, or settlement arising from the violation.
As added by P.L.1-1998, SEC.19.
Last modified: May 24, 2006