Courts and Civil ProcedureProcedure Generally
Governmental Tort Liability
§ 9-31-12 Indemnification
Reservation of obligation Certification.
(a) The state reserves the right to determine whether or not it will indemnify
any employees defended pursuant to §§ 9-31-8 9-31-11, if a
judgment is rendered against the employee.
(b) Upon certification by the court in which the tort action
against a state employee is pending that (1) the defendant employee was acting
within the scope of his or her office or employment when the claim arose, and
(2) the claim does not arise out of actual fraud, willful misconduct, or actual
malice by the employee, any civil action or proceeding commenced upon the claim
under this statute shall be deemed to be an action or proceeding brought
against the state under the provisions of this title and all references
thereto, and the state shall be substituted as the party defendant.
(c) Nothing in this section shall affect the obligations of
any insurer, including the obligation to defend and satisfy any settlement or
History of Section.
(P.L. 1979, ch. 259, § 1; P.L. 1995, ch. 45, § 1; P.L. 2007, ch. 346,
§ 1; P.L. 2007, ch. 377, § 1.)