Indiana Code
Ind. Code § 34-13-3-11 (2026)
Approval or denial of claim by government entity
✓ current as of May 2026
Sec. 11. Within ninety (90) days of the filing of a claim, the governmental entity shall notify the claimant in writing of its approval or denial of the claim. A claim is denied if the governmental entity fails to approve the claim in its entirety within ninety (90) days, unless the parties have reached a settlement before the expiration of that period.
[Pre-1998 Recodification Citation: 34-4-16.5-10.]
As added by P.L.1-1998, SEC.8.
Notes of Decisions
Cited in 10
cases (4 in the last 5 years), 1998–2024 · leading case: Pamela Webb v. City of Carmel, Carmel Clay Parks Bldg. Corp., & Carmel/Clay Bd. of Parks & Rec., 101 N.E.3d 850 (Ind. Ct. App. 2018).
Pamela Webb v. City of Carmel, Carmel Clay Parks Bldg. Corp., & Carmel/Clay Bd. of Parks & Rec., 101 N.E.3d 850 (Ind. Ct. App. 2018). “Indiana Code section 34-13-3-11 provides that a claim is denied if the governmental entity fails to approve the claim in its entirety within ninety days, unless the parties have reached a settlement before the expiration of that period.”
Budden v. Bd. of Sch. Commissioners, 698 N.E.2d 1157 (Ind. 1998). “Ind.Code §§ 34-13-3-11 & -13 (1998). This interlocutory appeal deals with the Act’s notice provision: The notice required .”
Est. of Vandam v. Daniels, 278 F.R.D. 415 (S.D. Ind. 2011). “Ind.Code § 34-13-3-11. No person may bring such action in a court of law until his or her tort claim has been denied in whole or in part.”
Billy J. Lemond v. Indiana Dep't of Corr., State of Indiana, & Westville Corr. Facility (mem. dec.) (Ind. Ct. App. 2019). “I.C. § 34-13-3-11. Indiana Code Section 34-13-3-13 provides that “[a] person may not initiate a suit against a governmental entity unless the person’s claim has been denied in whole or in part.”
William R Mishler v. Union-North United Sch. Corp. (Ind. Ct. App. 2024). “§ 34-13-3-10, the ITCA does not directly contemplate further correspondence, instead providing that “[a] claim is [deemed] denied if the governmental entity fails to approve the claim in its entirety within ninety (90) days, unless the parties have reached a settlement before…”
Hajduch v. Ivy Tech Cmty. Coll. (N.D. Ind. 2019). “See Ind. Code § 34-13-3-11 (stating that the government entity must approve or deny the claim within ninety days); Id.”
Servanes J. Wilson, Sr. v. Wabash Valley Corr. Facility & Indiana Dep't of Corr. (Ind. Ct. App. 2014). “See Ind. Code § 34-13-3-11 . 4 way as to cause him prejudice.”
Beamon v. Hamed (N.D. Ind. 2022). “” § 34-13-3-11. Thus, the claimant must wait at least ninety (90) days after the Notice is served before commencing a lawsuit.”
Tedrow v. Franklin Twp. Cmty. Sch. Corp. (S.D. Ind. 2022). “§§ 34-13-3-11, -13. A plaintiff’s claims are barred if the plaintiff hasn’t satisfied the ITCA’s notice requirements.”
E.D. v. Noblesville Sch. Dist. (S.D. Ind. 2023). “CODE § 34-13-3-11. "A person may not initiate a suit against a governmental entity unless the person's claim has been denied in whole or in part.”
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