Indiana § 25-43-8-7 Immunity; defense in civil actions; indemnification

Indiana Statutes

§ 25-43-8-7 — Immunity; defense in civil actions; indemnification

Indiana·Title 25 PROFESSIONS AND OCCUPATIONS·Art. 43 OCCUPATIONAL THERAPY LICENSURE·Ch. 8 Establishment of the Occupational Therapy Compact

(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 paragraph shall be construed to protect any such person from suit and/or liability 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

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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 paragraph shall be construed to protect any such person
from suit and/or liability 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 herein shall be construed to prohibit that person
from retaining his or her 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 § 25-43-8-7 (Immunity; defense in civil actions; indemnification) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.