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Product liability in Indiana

Indiana generally requires a product-liability action within two years after accrual and within ten years after delivery to the initial user or consumer. If the claim accrues at least eight but less than ten years after that delivery, the filing window extends to two years after accrual. The Indiana Supreme Court has held the ten-year period is repose and cannot be extended merely because a manufacturer later repaired, refurbished or reconstructed the product. 1,2

What Is Product Liability?

Product liability can cover claims that a product you make, import, distribute or sell injured someone or damaged property. If your business handles products, describe every role in the supply chain and ask how the quote treats product damage and recall costs. Read the national Product liability guide.

What to Watch for in Indiana

  • The ten-year period is a repose limit

    The Indiana Supreme Court treats the ten-year period from delivery to the initial user or consumer as a statute of repose, not simply a limitation period that starts when an injury is discovered. It held that post-delivery repair, refurbishment or reconstruction does not extend that period. 1

  • There is a narrow exception for claims arising in years eight to ten

    If a cause of action accrues at least eight but fewer than ten years after initial delivery, the statute allows suit within two years after accrual even if that time passes the ten-year delivery date. Indiana’s Supreme Court says this is the only exception in the general section; asbestos actions are addressed separately. 1

  • Keep initial-user delivery and injury dates

    The ten-year clock runs from delivery to the initial user or consumer, not simply from a later repair or refurbishment. Preserve purchase, installation, transfer and repair records so the correct initial delivery date can be investigated. 1

  • A complaint must be properly commenced

    Indiana’s Court of Appeals held in 2026 that filing a complaint without the required summons copies did not commence the action within the product-liability deadline. Where service is required, Indiana Trial Rule 3 requires the complaint, filing fee or waiver, and necessary summons copies; confirm the complete filing steps with counsel before the deadline. 2

Who Regulates Insurance in Indiana

Indiana Department of Insurance

The Indiana Department of Insurance licenses and regulates insurance companies and producers, reviews rates and policies, and investigates consumer complaints. Its Consumer Services Division accepts complaints and the Department provides company and license searches. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 2.5% of gross premium when Indiana is the home state Indiana’s surplus-lines premium tax is 2.5% when Indiana is the insured’s home state. Surplus-lines policies are outside Indiana guaranty-fund protection; before you buy, confirm the insurer’s identity and financial strength with your broker. 6,7,8,9

Providers With Documented State Licenses

These providers publish a national listing for Product liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Indiana. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 17

Questions to Ask Before You Buy in Indiana

  1. Who was the initial user or consumer, and what records establish when that party received the product?
  2. Did the cause of action arise before delivery year eight, during years eight to ten, or after year ten?
  3. What repairs or refurbishments occurred after delivery, and can the contract and file distinguish those events from the original delivery date?

Product Liability in Indiana: FAQ

What are Indiana’s general product-liability deadlines? 1,2

The action must be commenced within two years after accrual and within ten years after delivery to the initial user or consumer, except a claim accruing at least eight but less than ten years after delivery may be filed within two years after accrual. 1,2

Does a later manufacturer repair restart the ten-year clock? 1

No. The Indiana Supreme Court held that a manufacturer’s post-delivery repair, refurbishment or reconstruction does not extend the repose period. 1

Product Liability in Other States

Other Coverage in Indiana

Sources

  1. Estabrook v. Mazak Corporation, No. 19S-CQ-590. Indiana Supreme Court; Final opinion, pp. 2–4; quotes and interprets Ind. Code § 34-20-3-1(b); decided March 2, 2020. Accessed 2026-09-28.
  2. Gordon v. Terex Corp., No. 25A-CT-2275. Court of Appeals of Indiana; Opinion, pp. 2 and 10–11; applies § 34-20-3-1(b)(1) and Indiana Trial Rule 3; decided April 7, 2026. Accessed 2026-09-28.
  3. Indiana Department of Insurance. Indiana Department of Insurance; Official regulator homepage and insurance oversight. Accessed 2026-09-28.
  4. Company/Entity Financial Compliance. Indiana Department of Insurance; Official Company Lookup queries live department data on licensed entities; producer resources linked separately. Accessed 2026-09-28.
  5. Submit a Complaint Online. Indiana Department of Insurance; Online complaint portal and published consumer phone. Accessed 2026-09-28.
  6. Indiana Code § 27-1-15.8-4: Tax on surplus lines insurance. Indiana General Assembly; 2.5% tax and insured home-state application. Accessed 2026-09-28.
  7. Surplus Lines Agent Licensing. Indiana Department of Insurance; Official IDOI surplus-lines agent and company guidance; identifies surplus-lines insurers as companies not licensed to transact admitted insurance in Indiana and statutory eligibility conditions. Accessed 2026-09-28.
  8. Guaranty Associations & Funds. National Association of Insurance Commissioners; Overview of state guaranty-association scope and nonadmitted insurers. Accessed 2026-09-28.
  9. Guaranty Funds. Indiana Department of Insurance; Department description of Indiana P&C and life/health guaranty funds and their limits; together with the Department's surplus-lines company page distinguishing these nonauthorized companies from licensed insurers. Accessed 2026-09-28.
  10. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  11. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  12. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  13. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  14. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  15. About Risklytics. Risklytics; What we do; Who we insure; Licensing; Agency licenses table dated 2026-09-10. Accessed 2026-09-16.
  16. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  17. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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