2019 Indiana Code
Title 24. Trade Regulation
Article 4. Regulated Businesses
Chapter 7. Contracts With Wholesale Sales Representatives
24-4-7-5. Termination of contract; payment of commissions accrued; failure to comply; attorney's fees and costs

Sec. 5. (a) If a contract between a sales representative and a principal is terminated, the principal shall, within fourteen (14) days after payment would have been due under the contract if the contract had not been terminated, pay to the sales representative all commissions accrued under the contract.

(b) A principal who in bad faith fails to comply with subsection (a) shall be liable, in a civil action brought by the sales representative, for exemplary damages in an amount no more than three (3) times the sum of the commissions owed to the sales representative.

(c) In a civil action under subsection (b), a principal against whom exemplary damages are awarded shall pay the sales representative's reasonable attorney's fees and court costs. However, if judgment is entered for the principal and the court determines that the action was brought on frivolous grounds, the court shall award reasonable attorney's fees and court costs to the principal.

As added by P.L.238-1985, SEC.1.