UTAH CODE (Last Updated: January 16, 2015) |
Title 63G. General Government |
Chapter 7. Governmental Immunity Act of Utah |
Part 9. Coverage and Representation of State Entities and Employees |
§ 63G-7-903. Recovery of judgment paid and defense costs by government employee.
Latest version.
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(1) Subject to Subsection (2), if an employee pays a judgment entered against him, or any portion of it, that the governmental entity is required to pay under Section 63G-7-902, the employee may recover from the governmental entity the amount of the payment and the reasonable costs incurred in the employee's defense. (2) (a) If a governmental entity does not conduct the defense of an employee against a claim, or conducts the defense under a reservation of rights as provided in Subsection 63G-7-902(6), the employee may recover from the governmental entity under Subsection (1) if the employee can prove that none of the conditions set forth in Subsection 63G-7-202(3)(c) applied. (b) The employee has the burden of proof that none of the conditions set forth in Subsection 63G-7-202(3)(c) applied.
Renumbered and Amended by Chapter 382, 2008 General Session