State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-194

§ 20‑194.  Expense ofadministration; defense of members and other State law‑enforcementofficers in civil actions; payment of judgments.

(a)        All expensesincurred in carrying out the provisions of this Article shall be paid out ofthe highway fund.

(b)        In the event that amember of the Highway Patrol or any other  State law‑enforcement officeris sued in a civil action as an individual for acts occurring while such memberwas alleged to be acting within the course and scope of his office, employment,service, agency or authority, which was alleged to be a proximate cause of theinjury or damage complained of, the Attorney General is hereby authorized todefend such employee through the use of a member of his staff or, in hisdiscretion, employ private counsel, subject to the provisions of Article 31A ofChapter 143 and G.S. 147‑17. Any judgment rendered as a result of saidcivil action against such member of the Highway Patrol or other State law‑enforcementofficer, for acts alleged to be committed within the course and scope of hisoffice, employment, service, agency or authority shall be paid as an expense ofadministration up to the limit provided in the Tort Claims Act.

(c)        The coverageafforded under this Article shall be excess coverage over any commercialliability insurance up to the limit of the Tort Claims Act. (1929,c. 218, s. 9; 1941, c. 36; 1957, c. 65, s. 11; 1973, c. 507, s. 5; c. 1323;1975, c. 210; 1977, c. 70, s. 12.)

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-194

§ 20‑194.  Expense ofadministration; defense of members and other State law‑enforcementofficers in civil actions; payment of judgments.

(a)        All expensesincurred in carrying out the provisions of this Article shall be paid out ofthe highway fund.

(b)        In the event that amember of the Highway Patrol or any other  State law‑enforcement officeris sued in a civil action as an individual for acts occurring while such memberwas alleged to be acting within the course and scope of his office, employment,service, agency or authority, which was alleged to be a proximate cause of theinjury or damage complained of, the Attorney General is hereby authorized todefend such employee through the use of a member of his staff or, in hisdiscretion, employ private counsel, subject to the provisions of Article 31A ofChapter 143 and G.S. 147‑17. Any judgment rendered as a result of saidcivil action against such member of the Highway Patrol or other State law‑enforcementofficer, for acts alleged to be committed within the course and scope of hisoffice, employment, service, agency or authority shall be paid as an expense ofadministration up to the limit provided in the Tort Claims Act.

(c)        The coverageafforded under this Article shall be excess coverage over any commercialliability insurance up to the limit of the Tort Claims Act. (1929,c. 218, s. 9; 1941, c. 36; 1957, c. 65, s. 11; 1973, c. 507, s. 5; c. 1323;1975, c. 210; 1977, c. 70, s. 12.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-194

§ 20‑194.  Expense ofadministration; defense of members and other State law‑enforcementofficers in civil actions; payment of judgments.

(a)        All expensesincurred in carrying out the provisions of this Article shall be paid out ofthe highway fund.

(b)        In the event that amember of the Highway Patrol or any other  State law‑enforcement officeris sued in a civil action as an individual for acts occurring while such memberwas alleged to be acting within the course and scope of his office, employment,service, agency or authority, which was alleged to be a proximate cause of theinjury or damage complained of, the Attorney General is hereby authorized todefend such employee through the use of a member of his staff or, in hisdiscretion, employ private counsel, subject to the provisions of Article 31A ofChapter 143 and G.S. 147‑17. Any judgment rendered as a result of saidcivil action against such member of the Highway Patrol or other State law‑enforcementofficer, for acts alleged to be committed within the course and scope of hisoffice, employment, service, agency or authority shall be paid as an expense ofadministration up to the limit provided in the Tort Claims Act.

(c)        The coverageafforded under this Article shall be excess coverage over any commercialliability insurance up to the limit of the Tort Claims Act. (1929,c. 218, s. 9; 1941, c. 36; 1957, c. 65, s. 11; 1973, c. 507, s. 5; c. 1323;1975, c. 210; 1977, c. 70, s. 12.)