Indiana § 16-31.5-10-10 Immunity from liability; defense; indemnity

Indiana Statutes

§ 16-31.5-10-10 — Immunity from liability; defense; indemnity

Indiana·Title 16 HEALTH·Art. 31.5 EMERGENCY MEDICAL SERVICES·Ch. 10 Establishment of the Interstate Commission for EMS

(a)The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing in this subsection shall be construed to protect any such person from suit or liability, or both, for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

(b)The commission shall def

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(a) The members, officers, executive
director, employees, and representatives of the commission shall be
immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal
injury or other civil liability caused by or arising out of any actual or
alleged act, error, or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or responsibilities,
provided that nothing in this subsection shall be construed to protect
any such person from suit or liability, or both, for any damage, loss,
injury, or liability caused by the intentional or willful or wanton
misconduct of that person.
(b) The commission shall defend any member, officer, executive
director, employee, or representative of the commission in any civil
action seeking to impose liability arising out of any actual or alleged
act, error, or omission that occurred within the scope of commission
employment, duties, or responsibilities, or that the person against
whom the claim is made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or responsibilities,
provided that nothing in this subsection shall be construed to prohibit
that person from retaining the person's own counsel, and provided
further that the actual or alleged act, error, or omission did not result
from that person's intentional or willful or wanton misconduct.
(c) The commission shall indemnify and hold harmless any member,
officer, executive director, employee, or representative of the
commission for the amount of any settlement or judgment obtained
against that person arising out of any actual or alleged act, error, or
omission that occurred within the scope of commission employment,
duties, or responsibilities, or that such person had a reasonable basis
for believing occurred within the scope of commission employment,
duties, or responsibilities, provided that the actual or alleged act, error,
or omission did not result from the intentional or willful or wanton
misconduct of that person.

Indiana § 16-31.5-10-10 (Immunity from liability; defense; indemnity) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.