§ 9-31-12 - Indemnification – Reservation of obligation – Certification. - Rhode Island Statutes

SECTION 9-31-12

   § 9-31-12  Indemnification –Reservation of obligation – Certification. – (a) The state reserves the right to determine whether or not it will indemnifyany employees defended pursuant to §§ 9-31-8 – 9-31-11, if ajudgment is rendered against the employee.

   (b) Upon certification by the court in which the tort actionagainst a state employee is pending that (1) the defendant employee was actingwithin 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 actualmalice by the employee, any civil action or proceeding commenced upon the claimunder this statute shall be deemed to be an action or proceeding broughtagainst the state under the provisions of this title and all referencesthereto, and the state shall be substituted as the party defendant.

   (c) Nothing in this section shall affect the obligations ofany insurer, including the obligation to defend and satisfy any settlement oraward.