§ 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 award.
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.
Structure Rhode Island General Laws
Title 9 - Courts and Civil Procedure – Procedure Generally
Chapter 9-31 - Governmental Tort Liability
Section 9-31-1. - Tort liability of state.
Section 9-31-2. - Limitations of damages — State.
Section 9-31-2.1. - Limitation of damages — State — Commuter rail service.
Section 9-31-3. - Limitation of damages — Cities, towns, and fire districts.
Section 9-31-4. - Damages in excess of limitation.
Section 9-31-5. - Claim appropriations.
Section 9-31-6. - Attorney general to appear.
Section 9-31-7. - Attorney for service.
Section 9-31-8. - Defense of state employees — Attorney general.
Section 9-31-9. - Refusal to defend — Attorney general.
Section 9-31-10. - Exclusive control over litigation.
Section 9-31-11. - Conflict — Payment of counsel fees by state.
Section 9-31-12. - Indemnification — Reservation of obligation — Certification.