59:10A-2 - Grounds for refusal to provide defense - New Jersey Statutes

59:10A-2.  Grounds for refusal to provide defense
    The Attorney General may refuse to provide for the defense of an action referred to in section 1 if he determines that:

    a.  the act or omission was not within the scope of employment;  or

     b.  the act or the failure to act was because of actual fraud, willful misconduct or actual malice;  or

     c.  the defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee or former employee.

     L.1972, c. 48, s. 2, eff. June 1, 1972.