§ 25-42-7-12 — Immunity; exception; duty to defend; indemnity

(a) The administrators, officers, executive
director, employees, and representatives of the commission are immune
from suit and liability, either personally or in their official capacity, for
any claim for damage to or loss of property, personal injury, or another
civil liability caused by or arising out of an 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.
(b) Subsection (a) does not protect an administrator, officer,
executive director, employee, or representative of the commission from
suit or liability for any damage, loss, injury, or liability caused by the
intentional, willful, or wanton misconduct of that person.
(c) The commission shall defend an administrator, officer, executive
director, employee, or representative of the commission in a civil action
seeking to impose liability arising out of an 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.
(d) Subsection (c) does not do the following:
(1) Prohibit the administrator, officer, executive director,
employee, or representative of the commission from retaining that
person's own counsel.
(2) Require the commission to defend the administrator, officer,
executive director, employee, or representative of the commission
if the actual or alleged act, error, or omission resulted from that
person's intentional, willful, or wanton misconduct.
(e) The commission shall indemnify and hold harmless an
administrator, officer, executive director, employee, or representative
of the commission for the amount of any settlement or judgment
obtained against that person arising out of an actual or alleged act,
error, or omission that occurred within the scope of commission
employment, duties, or responsibilities, or that the person had a
reasonable basis for believing occurred within the scope of commission
employment, duties, or responsibilities.
(f) Subsection (e) does not require the commission to indemnify or
hold harmless an administrator, officer, executive director, employee,
or representative of the commission if, the actual or alleged act, error,
or omission resulted from the intentional, willful, or wanton
misconduct of that person.

Legislative History

As added by P.L.135-2019, SEC.5.