63G-7-903. Recovery of judgment paid and defense costs by government employee.
(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
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Last revised: Thursday, May 28, 2009