Indiana Code
Ind. Code § 34-51-4-3 (2026)
Applicability of chapter to punitive damages claims
✓ current as of May 2026
Sec. 3. This chapter does not impose liability for prejudgment interest on any part of a judgment that is awarded as punitive damages.
[Pre-1998 Recodification Citation: 34-4-37-5.]
As added by P.L.1-1998, SEC.47.
Notes of Decisions
Cited in 2
cases, 2012–2019 · leading case: Margaret Kosarko v. William A. Padula, Adm'r of the Est. of Daniel L. Herndobler, 979 N.E.2d 144 (Ind. 2012).
Margaret Kosarko v. William A. Padula, Adm'r of the Est. of Daniel L. Herndobler, 979 N.E.2d 144 (Ind. 2012). “Code § 34-51-4-2, punitive damages claims, Ind.Code § 34-51-4-3, and claims against the state and political subdivisions, Ind.”
River Ridge Dev. Auth. v. Outfront Media, LLC, David Watkins, No Moore, Inc., The Schlosser Fam. Ltd. P'ship, The Town of Utica, & the Utica Bd. of Zoning Appeals, 129 N.E.3d 239 (Ind. Ct. App. 2019). “Further, both Indiana Code Section 35-51-4-7 (authorizing the court to award prejudgment interest as part of a judgment) and Section 34-51-4-3 (exempting punitive damages from prejudgment interest) codify rules that already existed at common law for more than one hundred years.”
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