59:10A-2 - Grounds for refusal to provide defense
59:10A-2. Grounds for refusal to provide defense
The Attorney General may refuse to provide for the defense of an action referred to in section 1 if he determines that:
a. the act or omission was not within the scope of employment; or
b. the act or the failure to act was because of actual fraud, willful misconduct or actual malice; or
c. the defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee or former employee.
L.1972, c. 48, s. 2, eff. June 1, 1972.
The Attorney General may refuse to provide for the defense of an action referred to in section 1 if he determines that:
a. the act or omission was not within the scope of employment; or
b. the act or the failure to act was because of actual fraud, willful misconduct or actual malice; or
c. the defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee or former employee.
L.1972, c. 48, s. 2, eff. June 1, 1972.